Tr'ondëk Hwëch'in Final Agreement Implementation Plan

TR‘ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Published under the authority of the Minister of Indian Affairs and Northern Development Ottawa, 1998 QS-8585-000-EE-A1 Catalogue No. R2-1O1/1998E ISBN O-662-27173-4 © Minister of Public Works and Government Services Canada Cette publication peut aussi être obtenue en français sous le titre: Plan de mise en oeuvre de l’entente définitive des Tr‘ondëk Hwëch ‘in TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN INDEX IMPLEMENTATION PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ACRONYMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ANNEX A -- ACTIVITY SHEETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 UFA amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of the THFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Consultation during the drafting of any amendment to Settlement Legislation . . . . . . . . . . . . . . . . . which affects the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 TH legal entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Resolution of overlapping claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Resolution of overlapping claims - panel of Elders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Resolution of overlapping claims - Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Final Agreements with Overlapping YFNs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Traplines in Overlapping Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Consultation on specified matters in Overlapping Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 TH enrollment responsibilities -- After the dissolution of an Enrollment Committee . . . . . . . . . . . . 31 Continuation of enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Cancel reservation or notation to Lands Set Aside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Registration of title to Fee Simple Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office or any successor (“LTO”) and in TH lands system(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Payment of royalties and non-refunded rents -- Category A Settlement Lands . . . . . . . . . . . . . . . 39 Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands . . . . . . . . . . . . . 41 Consultation with TH -- Encumbering Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Amendment of terms of Encumbering Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Cancellation and replacement of Encumbering Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Discovery of information subject to disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Reacquisition of Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Deregistration of Category A and Category B Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Exceptions to Waterfront Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Exceptions to uses allowed upon Waterfront Right-of-Ways . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Consent for access to Waterfront Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Consent for establishment of permanent camp or structure on Waterfront Right-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Right of access for outfitting concession holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Determining liability of TH on Undeveloped Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Reporting damage to TH Settlement Land as a result of entry in an emergency . . . . . . . . . . . . . . 58 Conditions of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land . . . . . . . . . . . . . . . . . . . . . 60 Agreement to designate any new improved route of access on Settlement Land as a highway or public road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Right of access to cross Undeveloped Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Consent to changes in terms or conditions relating to access of a licence, permit or other right of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Reference to Surface Rights Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Exercise of right of access by Government, its agents or contractors for no more than 120 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Exercise of right of access by Government, its agents or contractors for more than 120 consecutive days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Exercise of right of access by Person authorized by Law for no more than 120 days . . . . . . . . . . 70 Exercise of right of access by Person authorized by Law for more than 120 consecutive days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Liability for damage to Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Department of National Defence (“DND”) right of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Establishment of terms and conditions of access by TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Expropriation -- Location and extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Expropriation -- Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Inclusion of TH nominee(s) on board, committee or other panel authorized by the National Energy Board Act where TH Settlement Land is expropriated . . . . . . . . . . . . . . . . . . . . 84 North Fork Hydro Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Compensation payable in relation to the exercise of a Flooding Right identified in THFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Compensation payable in relation to the exercise of a Flooding Right not identified in the THFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Variation of land allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Land exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Land Exchange - North Fork Hydro Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Land Exchange in connection with the Tr’o-ju-wech’in Heritage Site . . . . . . . . . . . . . . . . . . . . . . 93 Proposed establishment of a Special Management Area that does not include Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Proposed establishment of a Special Management Area that includes Settlement Land . . . . . . . . 96 Negotiation of agreement regarding proposed Special Management Area which will adversely rights of TH under a Settlement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Access by Yukon Indian Person to Special Management Area established pursuant to 10.4.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Amendment to Special Management Area agreement negotiated pursuant to 10.4.1 . . . . . . . . . 102 Appending Special Management Area agreement negotiated pursuant to 10.4.1 to THFA . . . . . 103 Preparation of management plan for each Special Management Area established pursuant to the THFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Establishment of Tombstone Territorial Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Establishment of Steering Committee for Tombstone Territorial Park (the “Park”) . . . . . . . . . . . 110 Boundary Review for Tombstone Territorial Park (the “Park”) . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Management Plan for Tombstone Territorial Park (the “Park”) . . . . . . . . . . . . . . . . . . . . . . . . . . 114 The development of economic opportunities associated with the establishment of the Tombstone Territorial Park (the “Park”), construction of Park facilities and the operation and maintenance of the Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Right to acquire licences or permits in the commercial wilderness adventure travel industry applicable to the Tombstone Territorial Park (the “Park”) . . . . . . . . . . . . . . . . . . . . . . . . . 118 Inclusion of Han language in any interpretive displays and signs regarding the history and culture that may be erected in, or related to, the Tombstone Territorial Park (the “Park”) . . . . . . . . 121 Naming or renaming of places or features in the Tombstone Territorial Park (the “Park”) . . . . . . . 122 Management and Implementation of the Management Plan for the Tombstone Territorial Park (the “Park”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Review and amendment of the Tombstone Territorial Park (the “Park”) Management Plan . . . . . . 124 Nominees to a Regional Land Use Planning Commission (“RLUPC”) for region including any part of TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Approval of regional land use plans by Government (Non-Settlement Land) . . . . . . . . . . . . . . . . 129 Approval of regional land use plans by TH (Settlement Land) . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Joint development of sub-regional or district land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 The ownership and management of Heritage Resources on Settlement Land . . . . . . . . . . . . . . . 135 The ownership and management of ethnographic Moveable Heritage Resources and Documentary Heritage Resources which are directly related to Yukon Indian People and are found in TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Allocation of Government program resources for the development and management of Heritage Resources of Yukon Indian People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People . . . . . . . . . . . . . . . . . . . . . . 144 Consultation with TH on Legislation and related policies on Heritage Resources in the Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Development of a manual to include definitions relating to heritage resources . . . . . . . . . . . . . . 147 The distribution of research or interpretive reports regarding Yukon Heritage Resources . . . . . . . 149 The provision of a written inventory of all Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in within the Traditional Territory of the TH . . . . . . . . . . . . . . . . . . 151 The interim protection of a Heritage Site on Non-Settlement Land, Category B Settlement Land, or Fee Simple Settlement Land directly related to the culture and heritage of Tr’ondëk Huch’in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 The identification of proposed Designated Heritage Sites or Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Negotiation of arrangements for ownership and management of a Designated Heritage Site . . . . 155 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Consideration of other resource users in management of interpretive and research activities at Heritage Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 The management of research activities at sites which may contain Moveable Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Consultation before issuance of permit for research at a Heritage Site which is directly related to the culture and heritage of Tr’ondëk Huch’in in the research activities at Heritage Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 The management of research activities at sites which may contain Moveable Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Consultation before issuance of permit for research at a Heritage Site which is directly related to the culture and heritage of Tr’ondëk Huch’in in the research activities at Heritage Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 The management of research activities at sites which may contain Moveable Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Consultation before issuance of permit for research at a Heritage Site which is directly related to the culture and heritage of Tr’ondëk Huch’in in the Traditional Territory of the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 The control of access to Designated Heritage Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 The protection of Heritage Resources accidentally discovered on TH Settlement Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 The protection of Documentary Heritage Resources that have been accidentally discovered on Settlement Land and reported to the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 The establishment of procedures to manage TH Burial Sites on Settlement Land . . . . . . . . . . . 164 The establishment of procedures to manage TH Burial Sites on Non-Settlement Land . . . . . . . . 165 The determination of terms and conditions upon which a TH Burial Site may be further disturbed following its discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Development of policies and procedures regarding the exhumation, examination and reburial of human remains from a TH Burial Site . . . . . . . . . . . . . . . . . . . . 168 The provision of Documentary Heritage Resources in Government custody for copying by the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Consultation with TH on Legislation and related policies on Documentary Heritage Resources in the Yukon relating to Yukon Indian People . . . . . . . . . . . . . . . . . . . 170 The management of Documentary Heritage Resources relating to Yukon Indian People . . . . . . . 171 Consultation with TH by the Yukon Geographical Place Names Board (“YGPNB”) . . . . . . . . . . . 173 Naming of geographical features on Settlement Land and the inclusion of traditional aboriginal place names on revised maps of the National Topographic Series . . . . . 174 Contracts associated with the management of a Designated Heritage Site directly related to the history or culture of the Tr’ondëk Huch’in within TH Traditional Territory. . 75 The development of contract opportunities associated with a Designated Heritage Site within the Traditional Territory of the TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Establishment of Forty Mile, Fort Cudahy and Fort Constantine as a Designated Heritage Site . . 179 Preparation of management plan for Forty Mile, Fort Cudahy and Constantine Historic Site . . . . 183 Review and amendment of the Forty Mile, Fort Cudahy and Fort Constantine Historic Site approved management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Management and implementation of the approved management plan for Fort Forty Mile, Cudahy and Fort Constantine Historic Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Establishment of Tr’o-ju-wech’in Heritage Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Preparation of the Review and the Management plan for Tr’o-ju-wech’in Heritage Site . . . . . . . . . 191 Review of the Tr’o-ju-wech’in Heritage Site Management Plan . . . . . . . . . . . . . . . . . . . . . . . . . . 195 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Management and implementation of the approved Management Plan for Tr’o-ju-wech’in Heritage Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Restrictions on the ability of TH to dispose of any of the Tr’o-ju-wech’in Heritage Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 TH granting of leases and licenses of occupation of the Tr’o-ju-wech’in Heritage Site (“Site”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Negotiate and conclude a taxation agreement in respect of the Tr’o-ju-wech’in Heritage Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Renewal or replacement of Water Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Access to Settlement Land -- With consent for exercise of a Water right . . . . . . . . . . . . . . . . . 202 Compensation payable in relation to Licences existing on the date that land became Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Shared drainage basin agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Preparation for Yukon Water Board proceedings with respect to compensation matters . . . . . . . 206 Survey of Settlement Land boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Use and enjoyment of Settlement Land by Yukon Indian People prior to completion of surveys . . 210 Resolving disputes regarding identification and selection of Site Specific Settlement Land and determination of priorities for survey of Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . 212 Approval of survey plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Employment and economic opportunities -- Surveying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Administration of survey contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Consultation with TH prior to imposition of a limitation pursuant to 16.3.3 in Legislation . . . . . . . 220 Representation of the interests of TH and other affected YFNs in international negotiations involving Fish and Wildlife management issues . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Amendments to Game Export Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Coordinated Fish and Wildlife population management in and outside of National Parks . . . . . . . 224 Provision of proof in relation to Harvesting rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Consultation with TH before taking action on Fish and Wildlife matters affecting TH management responsibilities or exercise of Harvesting rights . . . . . . . . . . . . . . . . . . . . . . . 226 Nomination of alternate members to the Dawson District Renewable Resources Council (“RRC”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Nominations to the Dawson District Renewable Resources Council (“RRC”) . . . . . . . . . . . . . . . 228 Recommendations regarding approval of proposed game farming, game ranching fur farming, fur ranching and fish farming activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 Amendment of Wildlife Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Provision of research results/information to Dawson District Renewable Resources Council (“RRC”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 Recommendation to Minister on allocation, in amount and area, of Salmon to users . . . . . . . . . 233 Allocation of Total Allowable Harvest for moose, woodland caribou or barrenground caribou from the Forty Mile Caribou Herd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Allocation of Total Allowable Harvest for any species of Fish and Wildlife other than moose or woodland caribou or barrenground caribou from the Forty Mile Caribou Herd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Harvest reallocation upon request of TH under 16.9.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Negotiation of Basic Needs Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 Endeavouring to rehabilitate wildlife populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Exploring ways to improve distribution of surplus meat to Yukon Indian People . . . . . . . . . . . . . 245 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Negotiation of basic needs allocations -- Salmon pursuant to Chapter 16 Schedule A 3.9.2, 3.9.3, and 3.9.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Negotiation of basic needs allocations -- Salmon pursuant to Chapter 16 Schedule A 4.1 . . . . . . 248 Variation of basic needs allocation for Salmon among YFNs . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Priority of YFNs’ basic needs allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Distribution of Total Allowable Catch when Total Allowable Catch falls below YFNs’ basic needs allocation for the Yukon River Drainage Basin . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 Reallocation of a basic needs allocation from a downstream YFN to an upstream YFN . . . . . . . . 254 Additional commercial Salmon fishing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 Allocation of traplines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Process by which additional traplines may be designated as Category 1 Traplines . . . . . . . . . . 260 Trade and redesignation of Category 1 and 2 Traplines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Maintenance of register of Category 1 and 2 Traplines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Establish a compensation policy for Yukon Indian trappers . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Provision of trapper training programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 Establishment of Forty Mile Caribou Herd Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Recommendations to promote the growth of the Forty Mile Caribou Herd . . . . . . . . . . . . . . . . . 268 Determination of the Available Harvest for moose in TH Traditional Territory . . . . . . . . . . . . . . . . 270 First right to purchase the improvements upon a Category 2 Trapline . . . . . . . . . . . . . . . . . . . . 271 First right to acquire available trapping concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 Consultation on Forest Resources policies and Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Non-commercial harvest of Trees on Crown Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Preparation of Forest Resources Management plans in TH Traditional Territory . . . . . . . . . . . . . 277 Establishment of the order in which Forest Resources Management plans are to be developed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Work related to an inventory of Trees on Crown Land in TH Traditional Territory . . . . . . . . . . . . . 282 Use of pesticides or herbicides by TH on Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 Use of pesticides or herbicides by Government on Crown Lands within TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 Actions taken to control pest or disease problems on Settlement Land . . . . . . . . . . . . . . . . . . . 285 Consultation on forest fire fighting priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Forest fire fighting on Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 Access to Settlement Land -- Holders of commercial timber permits . . . . . . . . . . . . . . . . . . . . . 289 Access to Settlement Land -- Holders of timber harvesting agreements . . . . . . . . . . . . . . . . . . . 290 Notice of public tender for Forest Resources Management or forest protection within TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Contracts associated with Forest Resources Management and silviculture within TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 Criteria for silviculture contracts within TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . 294 Hiring of Tr’ondëk Huch’in to fight forest fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 Identification of economic and employment opportunities associated with fighting forest fires in TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 Conflicts between exercise of Mineral Right and exercise of Specified Substances Right . . . . . . 298 Location of alternative Quarries by Government on Non-Settlement Land . . . . . . . . . . . . . . . . . . 299 Further identification of Quarries on Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Yukon use and restoration of specified Quarries on Settlement Land . . . . . . . . . . . . . . . . . . . . 304 Government use of other Quarries on Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 Government use of Construction Materials from a Quarry on Settlement Land . . . . . . . . . . . . . . 308 Access to Settlement Land with the consent of TH for the exercise of Mineral Rights . . . . . . . . . 309 Property Tax Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 Property assessment and taxation of Fee Simple Settlement Land . . . . . . . . . . . . . . . . . . . . . . 316 Action by taxing authority for non-payment of Property Taxes for Fee Simple Settlement Land . . 317 Action by Yukon or Municipality for non-payment by TH for Local Government Services . . . . . . . 318 Rates for user-pay Local Government Services for TH and any corporation owned or controlled by TH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Payment of outstanding Property Taxes on TH Settlement Land situated inside the Community Boundary of the City of Dawson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 Preparation of an economic development opportunities plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Facilitating of training and professional development of Yukon Indian People so they will have access to public service employment opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 Explore ways of making apprenticeship programs more flexible and promote greater participation by Yukon Indian People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 Notice of tenders to TH by the Yukon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 Information on non-public contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 Inclusion of TH on federal contract lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 Access to Government contracting and registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 Structuring contracts to a manageable size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 Assisting Yukon Indian People to invest in public corporations . . . . . . . . . . . . . . . . . . . . . . . . . 336 Participation of TH corporations with Yukon Development Corporation . . . . . . . . . . . . . . . . . . . . 337 TH participation in acquisition or disposal of Yukon Development Corporation business ventures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 Establishment of procedures for joint capital planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 Review of Yukon Economic Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 Development of plan regarding representative public service . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 Consolidation of plan regarding representative public service . . . . . . . . . . . . . . . . . . . . . . . . . . 345 Review of public service job descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 Negotiation of a Project agreement where Yukon has jurisdiction to issue a Decision Document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Negotiation of a Project agreement where TH has jurisdiction to issue a Decision Document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 Preparation of a regional economic development plan for TH Traditional Territory . . . . . . . . . . . . 351 Negotiation of economic development agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 Negotiation of terms and conditions for acquiring interest in a Project . . . . . . . . . . . . . . . . . . . . 357 Offer to purchase TH interest in a Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 Acquisition by TH of an interest in a project in accordance with Chapter 22 Schedule A Part I5.12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 Construction or development of North Fork Hydro Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 Notice of public and invitational tenders for contracts associated with the construction of the North Fork Hydro Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 Criteria for public and invitational tenders for contracts associated with the construction of the North Fork Hydro Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Inclusion of criteria for special aboriginal or local knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 Agreements to give effect to Chapter 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 Right of first refusal of TH to operate the Yukon River Campground (“Campground”) . . . . . . . . . . 368 Right of TH to purchase Dome Expansion Area (the “Area”) Lots . . . . . . . . . . . . . . . . . . . . . . . 370 Right to acquire new licences or permits in the commercial freshwater fishing industry . . . . . . . . 373 Right to acquire new licences or permits in the commercial wilderness adventure travel industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 Right to acquire new licences or permits in the commercial freshwater sports fishing industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 Establishment or amendment of licensing or permitting regimes regarding industries described in Chapter 22 Schedule A Part II, 1.0, 2.0 and 3.0 . . . . . . . . . . . . . . . . . . . . . . . . 382 Establishment or variance of limits applicable to industries described in Chapter 22 Schedule A, Part II, 1.0, 2.0 and 3.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 TH recommendations regarding establishment or amendments to a licensing or permitting regime and placement or variation of a limit regarding industries described in Chapter 22 Schedule A Part II, 1.0, 2.0 and 3.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 Joint ventures or other arrangements regarding use of a permit or licence for commercial freshwater fishing, commercial wilderness travel or commercial freshwater sports fishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 Right to acquire outfitting concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387 Calculation of Resource Royalty payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 Granting of fee simple interest within TH Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . 391 Changes to fiscal regime which would affect the Crown royalty regime . . . . . . . . . . . . . . . . . . . 392 Change of location of route, road or highway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 Rehabilitation of Settlement Land used as a haul road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 Alteration to Settlement Land to which a Specified Access Right applies . . . . . . . . . . . . . . . . . 395 Government closure of all or any portion of a Realigned Roadway . . . . . . . . . . . . . . . . . . . . . . . 396 Removal of titles from the register in the Land Titles Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 Closure of portions of the right-of-way for the Stewart Crossing-Dawson Road . . . . . . . . . . . . . . 399 Closure of portions of the right-of-way for the Mayo-Dawson Road . . . . . . . . . . . . . . . . . . . . . . . 400 Closure of a portion of the right-of-way for the Old Top of the World Highway . . . . . . . . . . . . . . . 401 Consultation with Yukon on Existing Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Closure of portions of the right-of-way for the Old Dempster Highway . . . . . . . . . . . . . . . . . . . . 403 Narrowing of right-of- way for the Old Top of the World Highway . . . . . . . . . . . . . . . . . . . . . . . . 404 Closure of portions of the right-of-way for the Hunker Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 ANNEX B -- COMMISSIONS, COUNCILS AND COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 Part 1 - General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 Part 2 - Board Training and Cross-Cultural Orientation and Education . . . . . . . . . . . . . . . . . . . . 410 Part 3 -Aboriginal Language Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 Part 4 - Board Mandates and Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 Part 5 - Budget Procedures and Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 ANNEX C -- INFORMATION STRATEGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 ANNEX D -- ECONOMIC PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 ANNEX E -- COORDINATION OF THFA AND THSGA IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . 427 IMPLEMENTATION PLAN FOR THE TR’ONDËK HWËCH’IN FINAL AGREEMENT AMONG: Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter called “Canada”); AND: The Tr’ondëk Hwëch’in, as represented by its duly authorized representatives (hereinafter called the “TH”); AND: The Government of the Yukon, as represented by the Government Leader (hereinafter called the “Yukon”); (hereinafter called the “Parties”). WHEREAS: The Parties signed the Tr’ondëk Hwëch’in Final Agreement (hereinafter called the “THFA”) on the 1 6th day of July, 1998; chapter 28 of the THFA, among other things, provides for the completion and approval by the Parties of an implementation plan for the THFA (hereinafter called the “THFA Plan”); and the representatives of the Parties have developed the THFA Plan, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the THFA; 2 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN NOW THEREFORE, the Parties agree as follows: 1.0 Interpretation of the THFA Plan 1.1 No provision of the THFA Plan shall be considered an amendment to, modification of, or derogation from the provisions of the THFA. 1.2 Where there is any inconsistency or conflict between the provisions of the THFA Plan and the provisions of the THFA, the provisions of the THFA shall prevail to the extent of the inconsistency or conflict. 1.3 Unless the context otherwise requires, capitalized words and phrases in the THFA Plan shall have the meanings assigned in the THFA. 1.4 The THFA Plan shall be interpreted so as to promote the implementation of the provisions of the THFA and to avoid inconsistency or conflict with the provisions of the THFA. 1.5 The Umbrella Final Agreement Implementation Plan, as signed on the 29th day of May, 1993 by the Parties to the Umbrella Final Agreement, which identifies certain activities to be undertaken and certain payments to be made with respect to the implementation of the Umbrella Final Agreement, and the THFA Plan shall be read together. 2.0 Legal status of the THFA Plan 2.1 The THFA Plan shall be attached to but shall not form a part of the THFA. 2.2 The provisions of the THFA Plan contained in 2.2 and 4.1 to 4.6 constitute a contract between the Parties. Pursuant to 28.4.8 of the THFA, the Parties expressly intend that the provisions of the remaining portions of the THFA Plan and the provisions of the THFA Plan contained in Annexes A, B, C, D and E do not constitute a contract between the Parties. 2.3 Subject to 2.2, the provisions of the THFA Plan represent the agreement of the Parties regarding the manner in which the provisions of the THFA will be implemented, and are not intended to create legal obligations. 3 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 3.0 Contents of the THFA Plan 3.1 The THFA Plan consists of the provisions contained herein, and the documents set out below: 3.1.1 Annex A: “Activity Sheets” describing specific activities, projects and measures for implementation of the THFA; 3.1.2 Annex B: Arrangements in respect of the: Regional Land Use Planning Commission; Dawson District Renewable Resources Council; Settlement Land Committee; 3.1.3 Annex C: An information strategy; 3.1.4 Annex D: Economic Planning; 3.1.5 Annex E: Co-ordination of THFA and Tr’ondëk Hwëch’in Self-Government Agreement (hereinafter called the “THSGA”) implementation. 4.0 Implementation Funding 4.1 Subject to any amendment of the THFA Plan by the Parties, Canada shall make financial payments to the TH for the implementation of the THFA as follows: 4.1.1 $471,401 (1997 constant dollars) per annum for on-going implementation activities; 4.1.2 $1,144,830 (1997 constant dollars) for one-time implementation projects and activities; 4.1.3 $38,229 (1997 constant dollars) for participation by the TH on the Settlement Land Committee; 4.2 The payments referred to in 4.1.1, 4.1.2 and 4.1.3 above shall be escalated from 1997 constant dollars to their Entry-Year Value as defined in the Tr’ondëk Hwëch’in Financial Transfer Agreement (hereinafter called the “THFTA”) dated the 16th day of July, 1998, in accordance with the computation method for annual adjustment set out in Schedule I, Part 6 of the Umbrella Final Agreement Implementation Plan. 4 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 4.3 The payment referred to in 4.1.1 above shall be made in accordance with the provisions of the THFTA and shall be escalated from its Entry-Year Value in accordance with the computation method for the Annual Price Escalator set out in Annex 6 of the THFTA. 4.4 The payments referred to in 4.1.2 and 4.1.3 above shall be made as a lump sum payment, by a transfer agreement other than the THFTA, as an unconditional grant as soon as practicable after the THFA becomes effective, not subject to the Cash Management Policy of the Government of Canada. 4.5 The payment of the amounts set out in 4.1.1, 4.1.2 and 4.1.3 above, or any amended amount required to be paid, represents the fulfilment of Canada’s obligation to provide funding to the TH for the period of time identified in the THFTA. 4.6 Subject to any amendment of the THFA Plan by the Parties, the Yukon shall pay $80,279 (1997 constant dollars) per annum to the Dawson District Renewable Resources Council established pursuant to 16.6.0 of the THFA. This payment will be subject to annual adjustments in the manner described in Part 6 of Schedule I of the Umbrella Final Agreement Implementation Plan. 4.7 Subject to any amendment of the THFA Plan by the Parties, the payment by Canada to the Yukon of the amount described in 4.6, or any amended amount required to be paid, represents the fulfilment of Canada’s obligation to provide funding to the Dawson District Renewable Resources Council for the first ten year period, pursuant to 16.6.7 of the THFA. 4.8 The Yukon, following consultation with the TH, shall establish funding arrangements with the Dawson District Renewable Resources Council. The funding arrangements shall specify the manner and timing of payments and may provide a schedule of payments within any one fiscal year. 4.9 The Dawson District Renewable Resources Council shall be provided the degree of flexibility within its funding arrangements to allocate, re-allocate and manage funds within its approved budget in a manner similar to that generally accorded to comparable agencies of government. 4.10 The TH shall provide an amount of up to $38,229 (1997 constant dollars) for its participation on the Settlement Land Committee established pursuant to 15.3.0 of the THFA. 5 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 4.11 Notwithstanding the provisions of 4.1.3 above, Government may enter into agreements with the TH to provide funding for any projects, activities and responsibilities to be undertaken by the Settlement Land Committee, in addition to the projects, activities and responsibilities described in the THFA. Notwithstanding the provisions of 4.6 above, Government may enter into agreements with the Dawson District Renewable Resources Council to provide funding for any projects, activities and responsibilities to be undertaken by the Dawson District Renewable Resources Council in addition to the projects, activities and responsibilities reflected in an annual budget approved by Government pursuant to THFA 2.12.2.8. 5.0 Implementation Plan Monitoring 5.1 Within 30 days after the Effective Date of the THFA, each of the Parties shall appoint a representative to act on its behalf, who shall use best efforts to resolve any issue which may arise in relation to the implementation of the THFA Plan. 6.0 Implementation Plan Review 6.1 Unless the Parties otherwise agree, they shall complete a review of the THFA Plan to determine the adequacy of the provisions of the THFA Plan and of the implementation funding provided under the THFA Plan, 6.1 .1 in the fifth fiscal year following the Effective Date of the THFA; 6.1.2 in the ninth fiscal year following the Effective Date of the THFA; and 6.1.3 thereafter, as the Parties may agree. 6.2 The Parties shall make best efforts to complete a review pursuant to 6.1 by the first day of July in the fiscal year prior to the year in which the recommendations of the review will be implemented. 7.0 Amendment 7.1 The Parties, by agreement, may amend the THFA Plan at any time, and any amendment to the THFA Plan shall be made in writing by the Parties. 6 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 7.2 The Parties shall consider whether to amend the THFA Plan as a result of any recommendation from representatives of the Parties or any recommendations arising from a review conducted pursuant to 6.1. Financial resources provided pursuant to an amendment of the THFA Plan shall be provided in the manner described in the amended THFA Plan. 8.0 Effective Date of the THFA Plan 8.1 The THFA Plan shall take effect as of the Effective Date of the THFA. 9.0 Signing of the THFA Plan 9.1 The THFA Plan may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document, and the date of the THFA Plan shall be deemed to be the date on which the last party signs. 10 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ACRONYMS The following acronyms are used in the Annexes of this Plan: CYI - Council for Yukon Indians DIAND - Department of Indian Affairs and Northern Development DFO - Department of Fisheries and Oceans DND - Department of National Defence FWMB - Fish and Wildlife Management Board LTO - Land Titles Office NRCan - Natural Resources Canada RLUPC - Regional Land Use Planning Commission RRC - Renewable Resources Council SLC - Settlement Land Committee SSC - Salmon Sub-Committee TH - Tr’ondëk Hwëch’in THFA - Tr’ondëk Hwëch’in Final Agreement THSGA - Tr’ondëk Hwëch’in Self-Government Agreement UFA - Umbrella Final Agreement YDAB - Yukon Development Assessment Board YFN - Yukon First Nation YFNFA - Yukon First Nation Final Agreement YGPNB - Yukon Geographical Place Names Board YHRB - Yukon Heritage Resources Board 11 TR’ONDËK HWÈCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ANNEX A -- ACTIVITY SHEETS This Annex refers to the implementation of selected provisions of the THFA. The activities described in this Annex reflect the agreement of the Parties as to the activities which the Parties expect to be performed in order to give effect to the referenced provisions. The planning assumptions described in relation to a referenced provision reflect the circumstances considered or expected to arise in the implementation of that provision. Some planning assumptions also reflect steps or measures that the Parties assume will be taken, or limitations that may apply, in the performance of the described activities. In the development of this Annex, it has been assumed that the Parties will deal by other means with matters required by the THFA to be addressed prior to the Effective Date or in the negotiation or ratification of the THFA. The fact that an activity sheet does not cross-reference the THFA dispute resolution mechanism pursuant to THFA Chapter 26 should not be construed to mean that the dispute resolution mechanism is not applicable to that activity sheet. Unless otherwise indicated on an activity sheet, workplan discussions and negotiations, in which TH is a party and which take place pursuant to these activity sheets, shall be held in the Town of the City of Dawson (hereinafter referred to as the “City of Dawson”) unless reasons arise that make it more reasonable to meet elsewhere. 12 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: UFA amendment RESPONSIBLE TH PARTY: PARTICIPANT/ Canada, Yukon, CYI LIAISON: 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, (a) the Council for Yukon Indians shall Consult on all proposed amendments with all Yukon First Nations and shall provide the result of those Consultations to all Yukon First Nations, (b) an amendment shall only be considered approved by the Yukon First Nations if it is approved by two thirds of the Yukon First Nations which have Yukon First Nation Final Agreements in effect and which represent at least 50 percent of all Yukon Indian People, and (c) the Council for Yukon Indians shall provide Government with a certified copy of a resolution stating that (a) and (b) have been complied with, and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with (a) and (b). 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. 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 Agreement; 13 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: (a) the Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule E -Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife; (b) the Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to any amendment 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 (a) the Yukon Minister with responsibility for land claims may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule E - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife; (b) the Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims the authority to consent, on behalf of the Yukon, to any amendment 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. (a) consent to any amendment pursuant to 2.3.4 may only be given on the part of the Tr’ondëk Hwëch’in by resolution at a regular or special meeting of the General Assembly; (b) the Tr’ondëk Hwëch’in Council shall provide Government with a certified copy of a resolution consenting to an Amendment pursuant to 2.3.5.3(a) and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3(a). 14 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 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: 2.4.3.1, 24.12.3 Responsibility Activities Timing TH If TH identifies need to amend the UFA, forward As necessary proposal for amendment to CYI. TH If proposal for UFA amendment originates with When available another party, receive proposal for amendment from CYI. TH Review and communicate views to CYI on As soon as practicable response to proposal. after receipt of proposal TH, UFA At discretion, address specific requirements for As soon as practicable, parties amendment process. if amendment is to be pursued TH Consult with CYI during negotiation of terms of As necessary amendment. TH Review proposed amendment and provide Within reasonable opinion to CYI regarding amendment. time after negotiations are complete, and according to procedure set out in THFA TH Receive notice of and consider opinion of other Within reasonable YFNs. time TH Take steps required to give effect to amendment, As soon as practicable including any consequential amendment of the if all UFA parties THFA Plan. consent to amendment Canada, Publish the amendment as required by UFA As soon as practicable Yukon, TH 2.3.6. after all UFA parties consent to amendment 15 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. This Activity Plan describes procedure with respect to the activities of TH in respect of UFA amendments. The fourth activity indicates that TH requirements should be addressed in any discussions regarding the approach to the amendment process and specific arrangements to be made to deal with a particular amendment proposal. 2. It is anticipated that TH 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. 16 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Amendment of the THFA RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ Gwich’in Tribal Council LIAISON: 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. 2.3.4.1 The parties to this Agreement shall Consult the Gwich’in Tribal Council with respect to any amendment to this Agreement which may affect any rights, obligations or liabilities of the Tetlit Gwich’in set out in the Gwich’in Transboundary 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 Agreement; (a) the Minister of Indian Affairs and Northern Development may consent, on behalf of Canada, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule E -Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife; (b) the Governor in Council may delegate to the Minister of Indian Affairs and Northern Development the authority to consent, on behalf of Canada, to any amendment to other specific provisions of this Agreement; 17 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 2.3.5.2 the Yukon, by the Commissioner in Executive Council, except where expressly provided in a Yukon First Nation Agreement; and (a) the Yukon Minister with responsibility for land claims may consent, on behalf of the Yukon, to any amendment to a specific provision contemplated by 5.3.1, 5.15.1, 5.15.2, 6.1.2 or 6.1.8 of this Agreement, to any amendment to Appendix A - Settlement Land Descriptions, attached to this Agreement and to any amendment to Schedule E - Category 1 Traplines, attached to Chapter 16 - Fish and Wildlife; (b) the Commissioner in Executive Council may delegate to the Yukon Minister with responsibility for land claims the authority to consent, on behalf of the Yukon, to any amendment 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. (a) consent to any amendment pursuant to 2.3.4 may only be given on the part of the Tr’ondëk Hwëch’in by resolution at a regular or special meeting of the General Assembly; (b) the Tr’ondëk Hwëch’in Council shall provide Government with a certified copy of a resolution consenting to an amendment pursuant to 2.3.5.3(a) and Government shall be entitled to rely on that resolution as conclusive evidence of compliance with 2.3.5.3(a). 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) Responsibility Activities Timing Any party Identify need to amend the THFA and forward As necessary proposal for amendment to the other parties. 18 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Parties Review and respond to the proposal and, if the As soon as practicable parties determine that there is an impact on the after receipt of the Tetlit Gwich’in, Consult with the Gwich’in proposal Tribal Council. Parties At the discretion of the Parties, address specific As soon as practicable requirements for the amendment process. if the amendment is to be pursued Parties Negotiate the terms of the amendment to be Within a reasonable submitted for consent and identify the time, as the Parties requirements to give effect to the amendment if may agree approved, including changes to the implementation plan if required. Parties Initiate the approval process. As soon as practicable after the negotiations are complete TH Provide proposed amendment to all the TH As soon as practicable electorate. and at least 30 days prior to a regular or special General Meeting of the TH General Assembly TH Hold vote on proposed amendment at regular or In accordance with the special General Meeting of the TH General voting process set out Assembly. in the TH Constitution Following TH approval process: TH Notify Government of the result of the approval Once TH approval process, and if approval is granted, provide process is complete Government with a certified copy of the resolution pursuant to 2.3.5.3(b). Canada and Undertake the approval process. Upon receipt of the Yukon TH referendum results approving the amendment 19 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Governor in If Parties approved amendment, amend by Order Once all approvals Council, in Council. granted Commissioner in Executive Council Parties Take agreed upon steps necessary to give effect As soon as practicable to the amendment, including changes to the implementation plan if required. Canada Publish amendment in Canada Gazette. As soon as practicable after the amendment is given effect Yukon Publish amendment in Yukon Gazette. As soon as practicable after the amendment is given effect TH Publish amendment in TH law registry. As soon as practicable after the amendment is given effect 20 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation during the drafting of any amendment to Settlement Legislation which affects the TH RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 2.4.3.1 Government shall Consult with the Tr’ondëk Hwëch’in during the drafting of any amendment to Settlement Legislation which affects the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Government Notify TH with respect to any proposed During the drafting of amendment to Settlement Legislation which the amendment affects the TH. Provide details. TH Prepare and present views to Government. Within reasonable time indicated by Government Government Give full and fair consideration to the views As soon as practicable presented. Notify TH of the outcome. upon receipt of TH views Planning Assumption 1. This consultation may occur more than once during the drafting process. 21 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: TH legal entities RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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 Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in, or wholly controlled by the Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in, 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 Tr’ondëk Huch’in for any damage or loss suffered by Tr’ondëk Huch’in as a result of any failure of the Tr’ondëk Hwëch’in 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) Responsibility Activities Timing TH Maintain public register identifying all rights, Ongoing after the obligations and liabilities held on behalf of TH Effective Date pursuant to 2.11.7.1. TH At discretion, alter entity holding rights, As necessary obligations or liabilities. TH Amend register to reflect alteration. As required 22 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Resolution of overlapping claims RESPONSIBLE TH, Overlapping YFN, Yukon and Canada PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 2 Schedule B 2.1 The Tr’ondëk Hwëch’in shall make best efforts to reach agreement with each Overlapping Yukon First Nation on a Contiguous Boundary. 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 Responsibility Activities Timing TH Contact Overlapping YFN and enter discussions As soon as practicable making best efforts to agree on a Contiguous Boundary. TH and If agreement is reached, submit agreed upon As necessary Overlapping boundary to Canada and Yukon for approval. YFN Canada and Review agreement and notify affected YFNs of As soon as practicable Yukon determination. TH, Canada Amend TH Traditional Territory to conform with As soon as practicable and Yukon new boundary. if Government approval is secured TH, Canada If future amendment of boundary is desired, seek As required and Yukon consent of Overlapping YFN to amend the boundary agreed upon. Overlapping Consider request and notify TH, Canada and Upon receipt of YFN Yukon of determination. request TH, Canada Amend boundary of TH Traditional Territory. If consent granted and Yukon 23 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Resolution of overlapping claims - panel of Elders RESPONSIBLE TH, panel of Elders, Overlapping YFN PARTY: PARTICIPANT/ Canada and Yukon LIAISON: 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 Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement. 2.5.1 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 Responsibility Activities Timing TH Seek agreement of Overlapping YFN to establish At least six months a panel of Elders to make recommendations on before dispute boundary. resolution process is available pursuant to 3.1 TH or Appoint panel. If agreement is Overlapping reached to appoint a YFN or both panel 24 TR’ONDÊK HWÈCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Panel of Elders Consider issue and make written No later than the date recommendation to TH and Overlapping YFN on that a dispute can be Contiguous Boundary. referred to dispute resolution pursuant to 3.1 TH and Review recommendation of panel. If accepting Upon receipt of Overlapping the recommendation, forward it to Canada and recommendation YFN Yukon. Canada and Consider recommendation approved by TH and As soon as practicable Yukon Overlapping YFN. Canada and Approve or reject recommendation. If rejecting, As soon as practicable Yukon provide written reasons. TH, Canada If all parties approve, amend TH Traditional As soon as practicable and Yukon Territory boundary. 25 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Resolution of overlapping claims - Dispute Resolution RESPONSIBLE, TH, Canada, Yukon, Overlapping YFN PARTY: PARTICIPANT/ Person appointed to resolve dispute LIAISON: OBLIGATIONS ADDRESSED: Chapter 2 Schedule B 3.1 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 Tr’ondëk Hwëch’in 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 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 Tr’ondëk Hwëch’in, in addition to the other powers provided in Chapter 26 - Dispute Resolution; 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, 3.1, 3.3, 3.4, 4.0 (all), 5.1, 26.3.0, 26.7.0 26 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Any party to Refer dispute to dispute resolution process under After one year from THFA or to an 26.3.0 if conditions listed in Chapter 2 Schedule the Effective Date of Overlapping B 3.1.1 or 3.1.2 are met. the later of the YFNFA YFNFAs Any party to If no agreement at mediation, at discretion, refer As necessary THFA or to an dispute to arbitration. Overlapping YFNFA Arbitrator If dispute referred to arbitration, determine As required Contiguous Boundary. Arbitrator At discretion, direct that costs of panel under 2.4 When determining be paid by one or more of the parties, if Contiguous Boundary conditions are met. TH, Canada Amend TH Traditional Territory boundary. As soon as practicable and Yukon after dispute is resolved 27 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Final Agreements with Overlapping YFNs RESPONSIBLE Government and TH PARTY: PARTICIPANT/ Overlapping YFNs LIAISON: OBLIGATIONS ADDRESSED: Chapter 2 Schedule B 5.2 Government shall make best efforts: 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 Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Government Make best efforts to include provisions During YFNFA substantially the same in the YFNFAs of negotiations Overlapping YFNs. Government Make best efforts to complete YFNFAs of Overlapping YFNs within 10 years. Government If proposing to include provisions in an As required during Overlapping YFNFA which resolve conflicts or YFNFA negotiations inconsistencies in a manner other than that set out in this schedule, seek consent of the TH. TH Review proposal and notify Government of Upon receipt of decision. proposal 28 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Incorporate alternate approach. If consent granted OR Government Abandon proposal. If consent is not granted 29 TR’ONDËK HWÈCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Traplines in Overlapping Area RESPONSIBLE TH, Overlapping YFN PARTY: PARTICIPANT/ None identified LIAISON: 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 Tr’ondëk Hwëch’in; or 6.1.2 the Tr’ondëk Hwëch’in and the Overlapping Yukon First Nation agree. CROSS REFERENCED CLAUSES: 16.11.0 (all) Responsibility Activities Timing TH or Seek agreement of other party to designate a As required Overlapping trapline as Category 1. YFN TH or Review proposal and respond. As soon as practicable Overlapping YFN TH If agreement reached or if more than 50 percent As necessary of trapline is in TH Traditional Territory, designate the trapline as a Category 1 Trapline. 30 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation on specified matters in Overlapping Area RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 2 Schedule B 7.1 Government shall Consult with the Tr’ondëk Hwëch’in respecting any matter in an Overlapping Area which may affect the rights of Tr’ondëk Huch’in or the Tr’ondëk Hwëch’in set out in this Agreement but which, pursuant to 4.1.1 to 4.1.5, do not apply in an Overlapping Area. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.1,4.1.2,4.1.3,4.1.4,4.1.5 Responsibility Activities Timing Government Notify TH of matter which may affect rights of As required Tr’ondëk Huch’in or TH and provide relevant information. TH Review information and present views to Within reasonable Government. time indicated by Government Government Provide full and fair consideration to views Prior to taking action presented. Government Take appropriate action taking into account As necessary views presented by TH. 31 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: TH enrollment responsibilities -- After the dissolution of an Enrollment Committee RESPONSIBLE TH PARTY: PARTICIPANT/ Yukon Enrollment Commission, Dispute Resolution Panel, Government LIAISON: 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 Responsibility Activities Timing TH Receive documentation from Enrollment Upon dissolution of Committee. the Enrollment Committee TH Establish and publish procedures. On assumption of enrollment duties 32 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Publicize and provide information in respect of As required the enrollment process to Tr’ondëk Huch’in. TH Continue enrollment in accordance with this As required clause. TH Deliver to Yukon updated list. Annually on anniversary of Enrollment Committee’s dissolution 33 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Continuation of enrollment RESPONSIBLE TH PARTY: PARTICIPANT/ Enrollment Commission, Dispute Resolution Board, Government LIAISON: 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 3.10.2.2 a 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 Responsibility Activities Timing TH Receive application for enrollment. After dissolution of Enrollment Committee TH Assess application and notify individual of Within 120 days of determination, receipt of application If application is accepted by TH within 120 days: TH Notify Government in writing of acceptance. As soon as practicable 34 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Acknowledge receipt. Upon receipt If no dispute, enrollment is given effect. 30 days following date of receipt by Government If application is rejected or no decision made by TH within 120 days. and an appeal is initiated: TH Prepare for and respond to an appeal before the As required Yukon Enrollment Commission or a single arbitrator. TH and Notify Government of new beneficiary. If Enrollment Enrollment Commission or Commission or arbitrator confirms arbitrator eligibility 35 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Cancel reservation or notation to Lands Set Aside RESPONSIBLE Canada (DIAND) PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing Canada Cancel all reservations or notations for TH on As soon as practicable (DIAND) identified parcels. after final land selection Canada Notify TH that reservations or notations on Land As soon as practicable (DIAND) Set Aside have been cancelled. after cancellation 36 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Registration of title to Fee Simple Settlement Land RESPONSIBLE Land Titles Office or any successor (“LTO”) PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing TH Apply to LTO to register title and provide the As soon as practicable LTO with any relevant documentation required after land becomes for registration. Settlement Land LTO Register title according to the procedures in As soon as practicable effect. LTO Provide TH with confirmation of registration. As soon as practicable after registration 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 TH to provide the LTO with any other information it requires to complete that title transfer. 2. In some cases fee simple title may have been originally registered in the LTO using only Metes and Bounds descriptions. This is no longer accepted as an adequate description with which to register a parcel of land in fee simple title. These parcels will be surveyed in accordance with Chapter 15. 37 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Registration of fee simple title in Mines and Minerals in and under Category A Settlement Lands RESPONSIBLE Land Titles Office or any successor (‘ITO”) PARTY: PARTICIPANT/ TH, Mining Recorder LIAISON: 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 Responsibility Activities Timing TH Apply to LTO to register title and provide the As soon as practicable LTO with any relevant documentation required after receipt of for registration. confirmed survey plans of Category A Settlement Parcels LTO Register title according to the procedures in As soon as practicable effect. LTO Provide TH with confirmation of registration. As soon as practicable after registration Planning Assumption 1. Survey of Category A Settlement Land, as necessary to register the Mineral interest, will be required in order to register the fee simple title to the Mines and Minerals in and under Category A Settlement Land. 38 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Define boundaries of Settlement Land; deposit plans of survey in Land Titles Office or any successor (“LTO”) and in TH lands system(s) RESPONSIBLE Canada PARTY: PARTICIPANT/ TH, LTO LIAISON: 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 Responsibility Activities Timing Canada Define boundaries of Settlement Land. (See After the Effective activity sheets, Chapter 15). Date Canada Deposit plan of survey in the LTO. Upon confirmation of survey plan Canada Deposit plan of survey in TH system established Upon confirmation of under 5.5.1.4. survey plan Planning Assumption 1. The LTO will develop a system for receiving plans of survey deposited pursuant to this clause. 2. Natural Resources Canada will assume the lead role for Canada. 39 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Payment of royalties and non-refunded rents -- Category A Settlement Lands RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing Government Determine whether any royalties and/or non- As soon as practicable refunded rents are being collected in respect of after the Effective Category A Settlement Land (except for Date Proposed Site Specific Settlement Land) and advise TH in writing. Government Determine whether any royalties and/or non- Following refunded rents are being collected in respect of confirmation of survey Category A Site Specific Settlement Land and plans for TH Site advise TH in writing. Specific Settlement Land parcels 40 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing If royalties and/or non-refunded rents are being collected: Government Establish system to account for: As soon as practicable after it is determined royalties in respect of Existing Mineral that royalties and/or Rights received by Government from non-refunded rents are holder of a Mineral Right on Category being collected A Settlement Land; and/or non-refunded rents received by Government from the holder of a Mineral Right in respect of a surface lease on Category A Settlement Land. Government Account for and pay to TH: As soon as practicable after the first post royalties for production received by Effective Date Government from the holder of a payment is received by Mineral Right in respect of that Government and Existing Mineral Right, and/or thereafter, annually on a date agreed upon by non-refunded rents received by Government and the Government from the holder of a TH Mineral Right in respect of that Existing Mineral Right and any surface lease. 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, which becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15. 41 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Payment of non-refunded rents -- Category B and Fee Simple Settlement Lands RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 the Mineral Right holder. CROSS REFERENCED CLAUSES: 5.6.5, 15.6.6 Responsibility Activities Timing Government Determine whether any non-refunded rents are As soon as practicable being collected in respect of Category B and Fee after the Effective Simple Settlement Land (except for Proposed Date Site Specific Settlement Land) and advise TH in writing. Government Determine whether any non-refunded rents are Following being collected in respect of Category B Site confirmation of survey Specific and Fee Simple Site Specific Settlement plans for TH Site Land and advise TH in writing. Specific Settlement Land parcels If non-refunded rents are being collected: Government Establish system to account for non-refunded As soon as practicable rents received by Government from the holder of after it is determined a Mineral Right in respect of a surface lease on that non-refunded Category B or Fee Simple Settlement Land. rents are being collected 42 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Account for and pay to TH non-refunded rents As soon as practicable received by Government from the holder of a after the first post Mineral Right in respect of surface lease. Effective Date payment is received by Government and thereafter annually on a date agreed upon by Government and the TH 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, which becomes Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 15. 43 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH -- Encumbering Rights RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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, 5.6.1, 5.6.3, 5.6.4, 5.6.6 Responsibility Activities Timing TH, Develop arrangements and procedures for Within 60 days of the Government Consultation identifying contacts, timelines, Effective Date, or as general information guidelines, and any other soon thereafter as the information required by TH and Government. parties agree is reasonable Government Notify and provide relevant details to TH, of As required intention to: renew or replace an Encumbering Right; issue a new Encumbering Right; set Royalty, rent or fee described. TH Prepare and present views. Within reasonable time as set out in the arrangements and procedures for Consultation Government Provide full and fair consideration of views Prior to making presented. determination Government Notify TH of outcome. Within reasonable time as set out in the arrangements and procedures for Consultation 44 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 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. 45 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION ELAN PROJECT: Amendment of terms of Encumbering Rights RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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, 5.6.1, 5.6.2 Responsibility Activities Timing Government Notify TH of proposal to increase term of an After effective date of Encumbering Right pursuant to amended Legislative legislation, provide relevant details and request amendment consent. TH Review the request, grant or deny consent, and As soon as practicable notify Government of determination, upon receipt of notice Government Increase term. If consent is granted OR Government Allow Encumbering Right to expire as originally If consent is not scheduled. granted 46 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Cancellation and replacement of Encumbering Rights RESPONSIBLE TH PARTY: PARTICIPANT/ Minister LIAISON: OBLIGATIONS ADDRESSED: 5.6.11 Subject to the consent of the Minister, a Yukon First Nation and the holder of an Encumbering Right may agree that the right be cancelled and replaced by an interest provided by the Yukon First Nation. 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 Ouartz 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 Responsibility Activities Timing TH Advise Minister that TH and the holder of an After the Effective Encumbering Right have agreed that a Date Government-issued Encumbering Right should be cancelled and replaced by an interest provided by TH. Provide details and request consent. Minister Verify that cancellation and replacement is Upon receipt of consistent with requirements of 5.6.12. proposal Minister If consistent, cancel Encumbering Right. As soon as practicable TH Replace Encumbering Right with interest Upon cancellation of provided by TH. Encumbering Right 47 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Discovery of information subject to disclosure RESPONSIBLE Government, TH PARTY: PARTICIPANT/ Surface Rights Board LIAISON: 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: (a) the department or entity does not have the management, charge or direction of the land, (b) the reservation is cancelled, or (c) the Commissioner does not have administration and control of the land, as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or 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 5.7.1.3(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) 48 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government or Provide other party with information subject to After ratification of TH disclosure under 5.7.1. THFA, upon becoming aware of information Government Declare status under 5.7.4.1. As soon as practicable OR Government Declare status under 5.7.4.2. As soon as practicable Government Negotiate compensation. As required if land is and TH declared pursuant to 5.7.4.2 If no agreement on compensation: Government or Refer matter to Surface Rights Board for Within a reasonable TH determination of compensation pursuant to 7.5.0. period of time Government Prepare for and participate in Surface Rights In accordance with and TH Board process. Surface Rights Board rules 49 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Reacquisition of Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ Land Titles Office or any successor (“LTO”) LIAISON: 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 the Mines and Minerals, that Yukon First Nation may declare the land to be Settlement Land and thereafter the land shall be Settlement Land of the following category: 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) Responsibility Activities Timing TH Reacquire Settlement Land in fee simple title. At discretion of TH TH Register fee simple title at LTO. Upon reacquisition 50 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Deregistration of Category A and Category B Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ Land Titles Office or any successor (‘LTO”) LIAISON: OBLIGATIONS ADDRESSED: 5.7.4 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, 5.13.3 Responsibility Activities Timing TH At discretion, apply to LTO to deregister parcel After Effective Date of Category A or B Settlement Land. LTO Verify that land is eligible for deregistration Upon application by under this clause. TH LTO If eligible, deregister parcel and notify TH of As soon as practicable deregistration. 51 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exceptions to Waterfront Right-of-Way RESPONSIBLE Government, TH, user of Waterfront Right-of-Way PARTY: PARTICIPANT/ None identified LIAISON: 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 R-1A, R-83A, S-211B/D Responsibility Activities Timing Government, TH, When considering use of Waterfront Right-of-Way, As required user of Waterfront refer to the exceptions to Waterfront Right-of-Way Right-of-Way located in THFA Appendix A - Settlement Land Descriptions R-1A, R-83A, S-21 1B/D. 52 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exceptions to uses allowed upon Waterfront Right-of-Ways RESPONSIBLE Government, TH, user of Waterfront Right-of-Way PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 5.15.2 The uses allowed upon and the width of the Waterfront Right-of-Way may be varied in a Yukon First Nation Final Agreement to accommodate special circumstances. 5.15.2.1 Any variation referred to in 5.15.2 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 R-14A, R-65B, R-67B, R-68B, R-83A Responsibility Activities Timing Government, TH, When considering uses allowed upon As required user of Waterfront Waterfront Right-of-Ways, refer to the Right-of-Way exceptions to uses of Waterfront Right-of-Ways located in THFA Appendix A -Settlement Land Descriptions R-14A, R-65B, R-67B, R-68B, R-83A. 53 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consent for access to Waterfront Right-of-Way RESPONSIBLE TH PARTY: PARTICIPANT/ Surface Rights Board LIAISON: 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 R-1A, R-14A, R-65B, R-67B, R-68B, R-83A, S-211B/D Responsibility Activities Timing TH Receive request for access. As required TH Review request, grant or deny request and notify Within a reasonable applicant of decision. time of the request TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 54 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consent for establishment of permanent camp or structure on Waterfront Right-of-Way RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: 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 R-1A, R-83A, S-211B/D Responsibility Activities Timing TH and/or Receive request to establish permanent camp or As required Government structure. TH and Consider request, grant or deny consent and Within a reasonable Government notify applicant of determination. time following the request 55 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Agreement to amend, revoke or reinstate a right of access provided by a Settlement Agreement RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT/ None identified LIAISON: 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; 2.3.6, 6.1.8 Responsibility Activities Timing TH or Yukon Request to amend, revoke or reinstate a right of Any time after or Canada access provided by a Settlement Agreement. Effective Date TH or Yukon Review and respond to initiating party. Within a reasonable or Canada period of time (other 2 parties) TH, Yukon, Attempt to reach 3 party agreement through Within a reasonable Canada negotiation. period of time TH, Yukon, Amend THFA as set out in 2.3.5, if change to If agreement reached Canada right of access requires amendment. 56 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right of access for outfitting concession holders RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 6.1.2.1 An outfitting concession holder shall have a right of access to Settlement Land for the purpose of removing personal property until the 31st day of July following the Effective Date of this Agreement. 6.1.2.2 Nothing in 6.1.2.1 shall be construed to prevent the Tr’ondëk Hwëch’in and an outfitting concession holder from entering into an agreement providing the holder with a right of access different from that set out in 6.1.2.1 CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Canada, Jointly inform outfitting concession holders of No later than 30 days Yukon, TH rights of access for removal of their personal after Effective Date or property. as soon thereafter as the Parties agree is reasonable TH At discretion, negotiate additional rights of At any time access with outfitting concession holder. Planning Assumption 1. A letter will be written on behalf of the Parties as the mechanism for informing the concession holders. 57 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Determining liability of TH on Undeveloped Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing TH Research legal liability of TH with respect to At discretion after injuries to Persons exercising a right of access. Effective Date TH Make determination regarding insurance and other requirements. 58 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Reporting damage to TH Settlement Land as a result of entry in an emergency RESPONSIBLE TH, Person causing damage to TH Settlement Land PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing TH Develop procedures regarding After Effective Date monitoring/reporting damage. Person causing If damage is caused to TH Settlement Land as a As soon as practicable damage to TH result of entry in an emergency, report location of Settlement damage to TH. Land TH Respond to report of damage. As soon as practicable Assess extent of damage. after report is received TH At discretion, request compensation for damage. As soon as practicable after determining extent of damage TH, Person At discretion, attempt to negotiate settlement. As necessary causing damage to TH Settlement Land TH If unable to reach settlement, pursue other As necessary options. 59 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Conditions of access RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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, 6.1.7, 6.3.1, 6.3.2, 6.3.7, 6.6.0 (all), Appendix A - Settlement Land Descriptions R-1A, R-14A, R-65B, R-67B, R-68B, R-83A, S-211B/D Responsibility Activities Timing TH At discretion, monitor right of access under After Effective Date 5.15.3, 6.3.1 and 6.3.2 to ensure conditions of 6.1.6 are observed. If no compliance with 6.1.6 conditions: TH At discretion, refer to Surface Rights Board Within a reasonable pursuant to 6.3.7 or to court. period of time TH Prepare for and participate in Surface Rights In accordance with Board or court process. Surface Rights Board or court rules 60 TR’ONDËK HWÈCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Designation of Undeveloped Settlement Land to be Developed Settlement Land and Developed Settlement Land to be Undeveloped Settlement Land RESPONSIBLE TH, Canada, Yukon PARTY: PARTICIPANT/ None identified LIAISON: 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, 2.3.6, 6.1.2, Appendix A - Settlement Land Descriptions 3.2.2 Responsibility Activities Timing TH or Yukon Request to change designation of Undeveloped Any time after or Canada Settlement Land to Developed Settlement Land Effective Date or Developed Settlement Land to Undeveloped Settlement Land. TH or Yukon Review proposal and respond to initiating party. Within a reasonable or Canada period of time (other 2 parties) TH, Yukon, Attempt to reach three party agreement through Canada negotiation. TH, Yukon, Amend THFA as set out in 2.3.5. If amendment required Canada TH Register changed designation in TH land registry system. Government Record changed designation. 61 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. If Settlement Land is redesignated, maps of Settlement Land will be changed to indicate redesignation. 62 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Agreement to designate any new improved route of access on Settlement Land as a highway or public road RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: 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, Chapter 7,9.6.1 Responsibility Activities Timing Government Request to designate any new or improved route As determined of access on Settlement Land as a highway or necessary by public road. Government TH Review request and notify Government of Within a reasonable decision. period of time Government If consent denied, leave route as Settlement Land. OR Parties If consent is granted, amend THFA pursuant to As required 2.3.5. 63 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right of access to cross Undeveloped Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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, 6.3.2, 6.3.4 Responsibility Activities Timing TH Review request for access, and grant or deny Within reasonable consent. Notify applicant of decision. time period following request TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules TH If an order is issued by the Surface Rights Board, As necessary comply with order. TH Monitor access. During and after exercise of access 64 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consent to changes in terms or conditions relating to access of a licence, permit or other right of access RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: 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) Responsibility Activities Timing TH Review request for change in the terms and Within a reasonable conditions, and grant or deny consent. Notify period of time applicant of decision. TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules TH If an order is issued by the Surface Rights Board, As necessary comply with order. 65 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Reference to Surface Rights Board RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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) Responsibility Activities Timing TH, affected Refer disputes arising from interpretation, As required Person application or alleged violation of access provided under 6.3.1 or 6.3.2 or disputes concerning access conditions established pursuant to negotiations by TH and Government under 6.6.0 to Surface Rights Board for resolution. TH, affected Prepare for and participate in Surface Rights In accordance with Person Board process. Surface Rights Board rules TH, affected If an order is issued by the Surface Rights Board, As necessary Person comply with order. 66 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exercise of right of access by Government, its agents or contractors for no more than 120 days RESPONSIBLE Government, its agents or contractors PARTY: PARTICIPANT/ TH LIAISON: 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) Responsibility Activities Timing Government, Where reasonable, notify TH before exercising Within a reasonable its agents or any right of access to enter, cross and stay on TH period of time prior to contractors Undeveloped Settlement Land for a period of no access more than 120 consecutive days for a single program/project. TH Review notice to ensure conformity with any Within a reasonable terms and conditions that may be negotiated period of time after pursuant to 6.6.0. Provide response to notification Government if not in conformity. TH or At discretion, initiate negotiations. If no terms and Government conditions negotiated TH Monitor access. 67 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The Parties agree that Government and TH may establish terms and conditions for the exercise of a right of access pursuant to 6.6.0. 68 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exercise of right of access by Government, its agents or contractors for more than 120 consecutive days RESPONSIBLE Government, its agents or contractors PARTY: PARTICIPANT/ TH LIAISON: 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) Responsibility Activities Timing Government, Notify TH of intent to exercise right, including Within a reasonable its agents or brief description of activity and project or period of time prior to contractors program and the anticipated length of access. access TH Review notification and notify Government of Within a reasonable decision. period of time after notification Government, If consent granted, exercise access. As necessary its agents or contractors OR If consent not granted, cease access and at Within a reasonable discretion, refer issue to Surface Rights Board. period of time 69 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules Government, its If Surface Rights Board so orders, exercise access As necessary agents or pursuant to order. contractors TH Monitor access. During and after access 70 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exercise of right of access by Person authorized by Law for no more than 120 days RESPONSIBLE Person authorized by Law PARTY: PARTICIPANT/ TH LIAISON: 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) Responsibility Activities Timing Person Notify TH of intention to exercise right of access, Prior to access authorized by including brief description of activity and project Law or program and anticipated length of access. TH Review notice to ensure conformity with any Within a reasonable terms and conditions that may be negotiated time prior to access pursuant to 6.6.0. Prepare and present views to Person authorized by Law. Person Provide full and fair consideration to views of Prior to access authorized by TH. Law Person Exercise access (as may be adjusted by After consideration of authorized by agreement with TH). TH views Law 71 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Monitor access. During and after access Planning Assumption 1. It is expected that Consultation, wherever possible, will be done within a reasonable period of time prior to access. 72 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exercise of right of access by Person authorized by Law for more than 120 consecutive days RESPONSIBLE Person authorized by Law PARTY: PARTICIPANT/ TH LIAISON: 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) Responsibility Activities Timing Person Notify TH of intent to exercise right, including Within a reasonable authorized by brief description of activity and project or period of time prior to Law program and the anticipated length of access. access TH Review notification and notify authority of Within a reasonable decision period of time after notification Person If consent granted, exercise access. As necessary authorized by Law OR If consent not granted, cease access and at Within a reasonable discretion, refer issue to Surface Rights Board. period of time 73 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules Person If Surface Rights Board so orders, exercise As necessary authorized by access pursuant to order. Law TH Monitor access. During and after access 74 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Liability for damage to Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ Government, its agents or contractors, or Person authorized by Law LIAISON: 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 Responsibility Activities Timing TH At discretion, monitor access to ensure As necessary conformity with provisions and any other terms and conditions. Government, its Report to TH any significant damage to As soon as practicable agents or Settlement Land. after damage is caused contractors or Person authorized by Law TH Assess extent of damage to Settlement Land or As soon as practicable improvements on Settlement Land. after receipt of report If TH makes determination to seek compensation: Request compensation for damage after receiving As necessary report of damage. 75 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH and Attempt to negotiate settlement. As soon as practicable Government, its after request to agents or negotiate is received contractors, or Person authorized by Law TH If settlement is not reached, at discretion, pursue As necessary other options. 76 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Department of National Defence (“DND”) right of access RESPONSIBLE Canada (DND), TH PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing Canada (DND) Request consent of TH for access to its As required, prior to Undeveloped Settlement Land for military exercise of right of manoeuvres. access TH Review request and notify Canada (DND) of Within a reasonable decision. period of time Canada (DND) At discretion, refer to Surface Rights Board for If no consent granted consideration of terms and conditions. TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the Surface Rights Board application. rules 77 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada (DND) Provide advance notice of any military Prior to exercises/operations to inhabitants of any area to commencement of be affected, and exercise access in accordance military exercises/ with terms and conditions. operations 78 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of terms and conditions of access by TH RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: 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, 18.3.1 (all), 18.4.1 (all), 18.4.2 Responsibility Activities Timing TH Notify Government of wish to negotiate Any time after Effective the establishment of terms and conditions Date for the exercise of a right of access identified above. TH, Government Attempt to negotiate terms and conditions Within reasonable time after for the exercise of a right of access listed notification by TH above. 79 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing If no negotiated agreement: TH At discretion, refer matter to Surface Within a reasonable period Rights Board to establish terms and of time conditions for the exercise of a right of access specifying seasons, times, locations and method or manner of access in accordance with 6.6.3 and 6.6.4. TH Prepare for and participate in Surface In accordance with Surface Rights Board process. Rights Board rules 80 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Expropriation -- Location and extent RESPONSIBLE Expropriating Authority PARTY: PARTICIPANT/ TH, Government LIAISON: 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) Responsibility Activities Timing Expropriating Notify TH of proposal to acquire or expropriate As required Authority Settlement Land. 81 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH and Prepare for negotiations. Upon receipt of notice Expropriating Authority Expropriating Negotiate location and extent of land to be At a time agreeable to Authority and acquired or expropriated. the parties TH TH If there is an objection filed by TH, prepare for As necessary and participate in public hearing process pursuant to 7.6.0 or the public hearing in accordance with Legislation. Expropriating If, following the public hearing process, the After public hearing is Authority Expropriating Authority intends to proceed, complete notify TH of intention to seek approval to expropriate. Expropriating Seek Governor in Council or Commissioner in Prior to expropriating Authority Executive Council approval to expropriate. Governor in Determine if approval will be granted. Upon request Council or Commissioner in Executive Council 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. Discussions respecting compensation may occur concurrently with the negotiations on the extent and location of Settlement Land proposed to be expropriated. 82 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Expropriation -- Compensation RESPONSIBLE Expropriating Authority PARTY: PARTICIPANT/ TH, Surface Rights Board or National Energy Board LIAISON: 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 ... provisions (of 7.5.2] shall apply...[see THFA for the remainder of this clause] CROSS REFERENCED CLAUSES: 7.7.1, 7.7.2, 8.4.1 (all) Responsibility Activities Timing Expropriating Notify TH of desire to negotiate compensation. As required in Authority conjunction with an expropriation TH Prepare for negotiations. Upon receipt of notice TH and Negotiate compensation. At a time agreeable to Expropriating the parties Authority If no agreement on compensation: TB or At the discretion of either party, apply to the Within a reasonable Expropriating Surface Rights Board or to National Energy period of time Authority Board as appropriate, to determine dispute over compensation. 83 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH and Prepare for and participate in Surface Rights In accordance with Expropriating Board or National Energy Board compensation Surface Rights Board Authority process. or National Energy Board rules Planning Assumption 1. Negotiations on the issue of compensation may occur concurrently with discussions on extent and location of the land proposed to be expropriated. 84 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Inclusion of TH nominee(s) on board, committee or other panel authorized by the National Energy Board Act where TH Settlement Land is expropriated RESPONSIBLE National Energy Board PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing National Notify TH that a board, committee or other body As required Energy Board is being established and request nominee(s). TH Provide nominee(s) as requested. Upon request National Establish board, committee or panel. As required Energy Board Planning Assumption 1. It is possible that an expropriation pursuant to the National Energy Board Act could affect more than one YFN. In that circumstance, the National Energy Board shall nominate at least one nominee from each Affected YFN. 85 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: North Fork Hydro Project RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 7.8.1.1 Government has identified in the Traditional Territory of the Tr’ondëk Hwëch’in on Territorial Resource Base Maps 115 0/15, 115 0/16, 116 B/1 and 116 B/2, dated new date, 1998 in Appendix B - Maps which forms a separate volume to this Agreement, the North Fork Hydro Project as a hydro-electric or water storage project site pursuant to 7.8.1. 7.8.1.2 Government shall, within five years of the Effective Date of this Agreement and every five years thereafter, Consult with the Tr’ondëk Hwëch’in on the status of the North Fork Hydro Project. Following each Consultation Government shall review the viability of the North Fork Hydro Project and shall give written notice to the Tr’ondëk Hwëch’in of Government’s intention to retain or relinquish the North Fork Hydro Project as an identified site pursuant to 7.8.1. 7.8.1.3 Any failure to Consult with the Tr’ondëk Hwëch’in or to provide written notice pursuant to 7.8.1.2 shall not affect the identification of the North Fork Hydro Project as an identified site for a hydro-electric or water storage project pursuant to 7.8.1. CROSS REFERENCED CLAUSES: 7.8.1, Chapter 9 Schedule B; Appendix A -Settlement Land Descriptions R-2A, R-7A, R-14A, R-21B, R-22B, R-79B, R-80B Responsibility Activities Timing Government In the event Government decides to relinquish As soon as practicable the North Fork Hydro Project as an identified site following the decision pursuant to 7.8.1, notify TH. If Government has not relinquished the North Fork Hydro Project as an identified site pursuant to 7.8.1: Government Notify TB regarding the status of the North Fork Within 5 years of Hydro Project and provide relevant details. Effective Date and every five years thereafter 86 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Prepare and present views to Government Within a reasonable period of time indicated by Government Government Provide full and fair consideration of the views As soon as practicable of TH. Notify TH of outcome. Government Review the viability of the North Fork Hydro After Consultation Project. with TH Government Give written notice to TH of its decision to retain After completing the or relinquish the North Fork Hydro Project as an review identified site pursuant to 7.8.1. 87 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Compensation payable in relation to the exercise of a Flooding Right identified in THFA RESPONSIBLE Authority exercising Flooding Right PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 7.8.3 An Authority exercising a Flooding Right over Settlement Land identified pursuant to 7.8.1 and 7.8.2 shall pay compensation to the Affected Yukon First Nation for improvements only, provided the sum of such compensation to all Affected Yukon First Nations for that hydro-electric or water storage project shall not exceed three percent of the Cost of Construction of the project. CROSS REFERENCED CLAUSES: 5.16.0 (all), 7.5.2 (all), 7.8.1 (all), 7.8.2 Responsibility Activities Timing Authority Follow expropriation procedures listed in activity Prior to the exercise of exercising a sheet for 7.3.1. the Flooding Right Flooding Right and TH Authority and Negotiate compensation payable to TH. As required TH If no agreement on compensation: Authority or At the discretion of any party, apply to Surface Within a reasonable TH Rights Board to resolve dispute over period of time compensation. Authority and Prepare for and participate in Surface Rights In accordance with TH Board process. Surface Rights Board rules 88 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Compensation payable in relation to the exercise of a Flooding Right not identified in the THFA RESPONSIBLE Authority exercising a Flooding Right PARTY: PARTICIPANT/ TH, Surface Rights Board LIAISON: 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: 7.8.1 (all), 7.8.2 Responsibility Activities Timing Authority Follow expropriation procedures listed in activity Prior to the exercise of exercising a sheet for 7.3.1. the Flooding Right Flooding Right and TH Authority and Negotiate compensation. As required TH If no agreement on compensation: Authority or At the discretion of any party, apply to Surface Within a reasonable TH Rights Board to resolve dispute over period of time compensation. Authority and Prepare for and participate in Surface Rights In accordance with TH Board process. Surface Rights Board rules 89 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Variation of land allocation RESPONSIBLE Government, affected YFN(s) PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing YFN(s) or Propose to vary land allocation determined in During negotiations of Government Chapter 9 Schedule A. outstanding YFNFA Party seeking Notify Government and all affected YFN(s) of Prior to varying to vary proposal and seek written agreement. allocation allocation Affected Review and provide written response to As soon as practicable YFN(s) and proposal. Government Affected Vary allocation. If written agreement of YFN(s) and affected YFN(s) and Government Government is secured Planning Assumptions 1. If the first activity arises, it will be in the context of outstanding YFNFA negotiations; once all YFNFAs have been completed, this clause will have no further effect. 2 If the land allocation pursuant to Chapter 9 Schedule A is varied, an amendment to the UFA will be required. 90 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Land exchange RESPONSIBLE Canada, Yukon, TB PARTY: PARTICIPANT/ None identified LIAISON: 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) Responsibility Activities Timing Canada, At the discretion of any party, propose a land After the Effective Yukon, or TH exchange. Date Canada, Yukon Review proposal and negotiate exchange. If the Parties agree and TH Canada, Yukon Effect the exchange, amending Settlement Land Once an agreement and TH description pursuant to 2.3.5, and amending other has been negotiated records as required. Planning Assumptions 1. The activities may occur in relation to any category of Settlement Land. 2. The responsibility for any costs related to survey and/or title registration will be addressed during the negotiation of the exchange. 91 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Land Exchange - North Fork Hydro Project RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 9 Schedule B 1.0 If construction of the North Fork Hydro Project is commenced within 75 years of the Effective Date of this Agreement, the Tr’ondëk Hwëch’in and Government shall, in the manner set out in this schedule, exchange Crown Land of equivalent value for: 1.1 a strip of Settlement Land 80 metres wide centred on the reconstructed ditch, which shall, to the greatest extent possible, be centered upon the existing ditch shown approximately by a double solid line designated as Ditch on Territorial Resource Base Maps 116 B/1, 116 B/2, 115 0/15 and 115 0/16, dated new date, 1998, in Appendix B - Maps, which forms a separate volume to this Agreement, provided that the width of the strip may occasionally exceed 80 metres in order to accommodate any side cuts, embankments, drop structures, spillways or other non-residential structures necessary for the construction, maintenance or operation of the North Fork Hydro Project, and 1.2 any other Settlement Land which is significantly adversely affected by the construction or commissioning of the North Fork Hydro Project; (the “Exchange”) 2.0 Government shall give written notice to the Tr’ondëk Hwëch’in specifying the Settlement Land to be exchanged pursuant to 1.1 as soon as the final alignment of the reconstructed ditch is determined. 3.0 Within 90 days of receiving notice pursuant to 2.0, the Tr’ondëk Hwëch’in shall give written notice to Government specifying any Settlement Land to be exchanged pursuant to 1.2. 4.0 Following receipt of notice pursuant to 3.0, the Tr’ondëk Hwëch’in and Government shall enter into negotiations with a view to concluding the Exchange. 5.0 If Government and the Tr’ondëk Hwëch’in are unable to reach agreement as to the terms and conditions of the Exchange within 120 days of Government receiving notice pursuant to 3.0, either may refer the matter to the dispute resolution process under 26.3.0. 92 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 6.0 An arbitrator appointed under 26.7.0 to resolve a dispute referred pursuant to 5.0 of this schedule shall have, in addition to all other powers provided under Chapter 26 - Dispute Resolution, the power to determine the Crown Land to be exchanged for the Settlement Land specified pursuant to 2.0 and 3.0. 7.0 Upon completion of the Exchange, the Crown Land exchanged for Settlement Land shall be Fee Simple Settlement Land of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: 7.8.1 (all), 26.3.0, 26.7.0, Appendix A - Settlement Land Descriptions R-7A, R-22B, R8OB Responsibility Activities Timing Government Give written notice to TB specifying the No later than the Settlement Land to be exchanged pursuant to 1.1. determination of the final alignment of the reconstructed ditch TH Give written notice to Government specifying Within 90 days of any Settlement Land to be exchanged pursuant receiving the notice to 1.2. TH, Enter into negotiations with a view to concluding As soon as practicable Government the Exchange. following Government’s receipt of TH notice pursuant to 3.0 If Government and TB are unable to reach agreement on the terms and conditions of the Exchange with 120 days of Government receiving notice pursuant to 3.0: TH or At discretion, refer the matter to the dispute As necessary Government resolution process under 26.3.0. 93 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Land Exchange in connection with the Tr’o-ju-wech’in Heritage Site RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 9- Schedule C 1.1 If the owners of: 1.1.1 Lot 21, Block 2, Plan 8338A CLSR, Klondike Addition, or of 1.1.2 South half of Lot 7, Block 5, Plan 8338A CLSR, Klondike Addition, (collectively, the “Lots”), offer to transfer to Government fee simple title to either or both of the Lots for a nominal sum not to exceed $10.00, Government shall accept the offer and thereafter shall transfer the Lots to the Tr’ondëk Hwëch’in as Category B Settlement Land in exchange for Settlement Land of equal size from Parcel R-64B by adjusting the northeasterly boundary of Parcel R-64B so that the total surveyed area of Parcel R-64B is reduced by an amount equal to the size of the Lots and so that the total surveyed area of Fee Simple Settlement Land and Category B Settlement Land of the Tr’ondëk Hwëch’in remains 403.29 square miles (the “Exchange”). 1.2 Following the Exchange, the Lots shall be part of Parcel S-211B/D and of the Tr’o-ju-wech’in Heritage Site described in Schedule B to Chapter 13 - Heritage. 1.3 As soon as practicable after the Exchange, the Tr’ondëk Hwëch’in shall take all necessary steps to remove from the register in the Land Titles Office the titles to the Lots and Government shall take all necessary steps to assist the Tr’ondëk Hwëch’in to that end. 1.4 Following the Exchange, the Tr’ondëk Hwëch’in shall not seek to register any instruments against or otherwise deal with the titles to the Lots so long as they are still registered in the Land Titles Office. CROSS REFERENCED CLAUSES: Chapter 9 Schedule C 1.5, Appendix A Settlement Land Descriptions R-64B, S-211B/D 94 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government If the owners of the Lots agree to transfer the As necessary Lots for a sum not to exceed $10.00, accept the offer and transfer the Lots to TH in exchange for Settlement Land of equal size from Parcel R-64B. TH, Identify process for removal of titles from the Upon request of TH Government Land Titles Office. Identify where Government can assist TH in this process. TH Take all necessary steps to remove from the As soon as practicable register in the Land Titles Office, the titles to the Lots. Government Assist TH in removing the titles to Lots. As necessary 95 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Proposed establishment of a Special Management Area that does not include Settlement Land RESPONSIBLE Government PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), Yukon LIAISON: Heritage Resources Board (“YHRB”) 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. 10.3.4.1 Nothing in 10.3.4 shall be construed to prevent Government from informing the Tr’ondëk Hwëch’in of a proposal referred to in 10.3.4. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.1; 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.0 (all) Responsibility Activities Timing Government Forward proposal for a Special Management If proposing the Area to the RRC or YHRB. Notify affected establishment of a YFNs. Special Management Area that does not include Settlement Land RRC or YHRB Review proposal for Special Management Area. As required within Prepare and provide recommendations to reasonable time period Government regarding proposal. Government Review recommendations of RRC or YHRB. Government Establish Special Management Area (after At discretion of consideration of 10.4.1). Government 96 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Proposed establishment of a Special Management Area that includes Settlement Land RESPONSIBLE Government PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), Yukon LIAISON: Heritage Resources Board (“YHRB”) 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. 10.3.4.1 Nothing in 10.3.4 shall be construed to prevent Government from informing the Tr’ondëk Hwëch’in of a proposal referred to in 10.3.4. 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; 10.4.1 (all), 10.5.1, 10.5.7, 10.5.8, 10.5.9, 10.6.0 (all), 10.7.0 (all) Responsibility Activities Timing Government Forward proposal for a Special Management If proposing the Area to the TH. establishment of a Special Management Area that includes Settlement Land TH Grant or deny consent to include Settlement Within a reasonable Land in Special Management Area. time following receipt of proposal 97 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government If TH consents to proposal, forward proposal to Following receipt of the RRC or YHRB. TH consent to the inclusion of Settlement Land in the proposed Special Management Area RRC or YHRB Review proposal for Special Management Area. Within reasonable Prepare and provide recommendations to time following receipt Government regarding proposal. of the proposal Government Review recommendations of RRC or YHRB. Following receipt of recommendations Government Establish Special Management Area (after At discretion of consideration of 10.4.1). Government 98 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of agreement regarding proposed Special Management Area which will adversely affect rights of TH under a Settlement Agreement RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 99 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Forward proposal for Special Management Area When Government to TH. proposes to establish a Special Management Area in TH Traditional Territory TH Review Special Management Area proposal for Within reasonable impact on TH rights under the THFA. Provide period of time comments to Government regarding proposal for Special Management Area. TH, Negotiate an agreement pursuant to 10.4.1. At the request of any Government party Government At discretion, establish Special Management As necessary Area. TB, At discretion, refer outstanding issues to As necessary Government mediation under 26.4.0. Planning Assumption 1. Pursuant to 10.3.3 and 10.3.4, Government shall refer the proposal for a Special Management Area to the affected Renewable Resource Council or to the Yukon Heritage Resources Board at an appropriate time. 100 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access by Yukon Indian Person to Special Management Area established pursuant to 10.4.4 RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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) Responsibility Activities Timing Government Notify TH that access by a Yukon Indian Person As required to a Special Management Area within TH Traditional Territory is proposed to be limited or prohibited for reasons of Conservation, public health or safety. Provide details. TB Prepare and present views to Government Within a reasonable regarding proposed limitation or prohibition of period of time access. Government Provide full and fair consideration of TH views As necessary and provide response to TH . TH, If limitation or prohibition is imposed, notify TH Government citizens. 101 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiate an agreement for Special Management Area where Government has established Special Management Area pursuant to 10.4.4 RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing Government, At discretion, propose negotiations pursuant to After the TH 10.4.1. establishment of a Special Management Area pursuant to 10.4.4 Government, Enter negotiations. If parties agree to TH negotiate 102 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Amendment to Special Management Area agreement negotiated pursuant to 10.4.1 RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing TH or Propose an amendment to Special Management At discretion of any Government Area agreement negotiated pursuant to 10.4.1 party to the Special according to terms established by that agreement. Management Area agreement TH or Review and respond to proposed amendment. Within reasonable Government period of time (other party) TH, Amend Special Management Area agreement. If parties agree Government 103 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Appending Special Management Area agreement negotiated pursuant to 10.4.1 to THFA RESPONSIBLE TH, Canada, Yukon PARTY: PARTICIPANT/ None identified LIAISON: 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, 2.3.6, 10.4.1, 10.4.6 Responsibility Activities Timing TH or Canada Propose that Special Management Area At discretion of any or Yukon agreement negotiated under 10.4.1 be appended party to and form part of the THFA. TH, Canada, Consider proposal to append Special Yukon Management Area agreement to THFA. TB, Canada, Append Special Management Area agreement to If Parties agree to Yukon THFA pursuant to amending process under 2.3.4, append to THFA 2.3.5 and 2.3.6. 104 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of management plan for each Special Management Area established pursuant to the THFA RESPONSIBLE Government PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), Yukon LIAISON: Heritage Resources Board (“YHRB”) 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 4.1,4.1.1; 10.4.1 (all), 10.6.1 (all), 10.7.1, 16.5.4, 16.8.0 (all) Responsibility Activities Timing Government Prepare a draft management plan if Special Best efforts within five Management Area established. years of establishment of Special Management Area Government Forward draft management plan for Special Prior to approval Management Area to RRC or YHRB. RRC or YBRB Review draft management plan. Prepare and Within a reasonable forward recommendations to Government. period of time 105 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Consider recommendations of RRC or YHRB As necessary and incorporate into draft management plan as determined by Government. Follow procedure under 16.8.0, if recommendation comes from RRC. Government Adopt management plan. At discretion of Minister Government Initiate review of management plan. In sufficient time for the review to be completed within 10 years following adoption of management plan 106 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of Tombstone Territorial Park RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 3.1 Yukon shall establish the Core Area, and such portions of the Study Area as are decided pursuant to 5.0 to be included in the Park, as a natural environment park under the Parks Act, R.S.Y. 1986, c. 126, in accordance with this schedule, as soon as practical following the determination of the boundaries of the Park pursuant to 5.0. 3.2 Canada shall transfer to the Commissioner of the Yukon the administration and control of Crown Land within the Park, excluding the mines and minerals and the right to work the mines and minerals, as soon as practical following the determination of the boundaries of the Park pursuant to 5.0. 3.3 Subject to 3.6, Canada shall prohibit entry on the Core Area and Study Area 1 for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw the Core Area and Study Area 1 from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7, and prohibit the issuance of interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), e. 36 in the Core Area and Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. 3.3.1 Subject to 3.6, no one may carry out any activities related to the exploration or production of Oil and Gas in the Core Area and Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. 3.3.2 Subject to 3.6, no one may explore for coal or stake for coal in the Core Area or Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. 3.4 Canada shall notate on its Territorial Resource Base Maps and staking sheets Study Area 2 as “Tombstone Park Study Area” for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. 107 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 3.5 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, Canada shall prohibit entry on the Park for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw the Park from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7 and prohibit the issuance of interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 in the Park. 3.5.1 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, no one may carry out any activities related to the exploration or production of Oil and Gas in the Park. 3.5.2 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, no one may explore for coal in the Park. 3.6 For greater certainty, the provisions of 3.3 and 3.5 shall not apply in respect of: 3.6.1 existing recorded mineral claims and leases under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and existing recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3; 3.6.2 existing oil and gas interests under the Canadian Petroleum Resources Act R.S.C. 1985 (2d Supp.), c. 36; 3.6.3 existing rights granted under section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-7; and 3.6.4 any successor or replacement rights and any new leases, licenses, permits or other rights which may be granted in respect of an interest described in 3.6.1, 3.6.2 or 3.6.3. 3.7 Designation as a natural environment park shall not be removed from any part of the Park except by the agreement of Government and the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 10 Schedule A 5.0 108 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Subject to 3.6, prohibit entry on the Core Area By the Effective Date and Study Area 1 for the purposes of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3; prohibit the issuance of interests in the Core Area and Study Area 1 under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36; and withdraw the Core Area and Study Area 1 from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7 for 24 months from the Effective Date or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. Notify Yukon and TH of prohibition and withdrawal. Canada Notate on its Territorial Resource Base Maps and By the Effective Date staking sheets Study Area 2 as “Tombstone Park Study Area” for 24 months from the Effective Date or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier. Canada Subject to 3.6, prohibit entry on the Park for the Following purposes of locating, prospecting or mining determination of the under the Yukon Quartz Mining Act, R.S.C. boundaries of the Park 1985, c. Y-4 and the Yukon Placer Mining Act, pursuant to 5.0 R.S.C. 1985, c. Y-3; prohibit the issuance of interests in the Park under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36; and withdraw the Park from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7. Notify Yukon and TH of prohibition and withdrawal. Canada Transfer to the Commissioner of the Yukon the As soon as practical administration and control of Crown Land within following the the Park, excluding the mines and minerals and determination of the the right to work the mines and minerals. boundaries of the Park pursuant to 5.0 109 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Establish the Core Area, and such portions of the As soon as practical Study Area as are decided pursuant to 5.0 to be following the included in the Park, as a natural environment determination of the park under the Parks Act, R.S.Y. 1986, c. 126, in boundaries of the Park accordance with this schedule. pursuant to 5.0 Yukon or TH If making a proposal to remove from any part of As necessary the Park the designation as a natural environment park, forward the proposal to the other party. Yukon or TH Consider the proposal. As necessary Yukon If the Yukon and TH agree, remove the As necessary designation as a natural environment park from the part of the Park as identified in the proposal. 110 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of Steering Committee for Tombstone Territorial Park (the “Park”) RESPONSIBLE TH, Yukon PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 4.1 Government shall, as soon as practical and in any ease no later than 90 days after the Effective Date of this Agreement, establish a steering committee (the “Steering Committee”) to: 4.1.1 review the Study Area and make recommendations on whether to include within the boundaries of the Park any portion of the Study Area; and thereafter to 4.1.2 prepare a management plan (the “Management Plan”) for the Park. 4.2 The Steering Committee shall be comprised of four members of whom two shall be nominated by Government and two shall be nominated by the Tr’ondëk Hwëch’in. 4.3 Prior to any appointments being made to the Steering Committee, the Minister and the Tr’ondëk Hwëch’in shall make reasonable efforts to reach consensus as to the individuals which each nominates to the Steering Committee. 4.4 In attempting to reach consensus under 4.3, the Minister and the Tr’ondëk Hwëch’in shall consider: 4.4.1 any prospective nominee’s familiarity with and sensitivity to Tr’ondëk Hwëch’in culture and to the aspirations of the Tr’ondëk Hwëch’in relating to the Park; 4.4.2 any prospective nominee’s familiarity with renewable resources issues in the Park, park planning and park management, however, a prospective nominee will not be disqualified only because that nominee is not familiar with park planning and park management issues; 4.4.3 the compatibility of proposed nominees; and 4.4.4 any other matters to which the Minister and the Tr’ondëk Hwëch’in agree. 111 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 4.5 If, after having made the reasonable efforts required by 4.3, the Minister and the Tr’ondëk Hwëch’in are unable to reach consensus, either may give written notice to the other setting out the names of the individuals whom it intends to nominate to the Steering Committee and 14 days thereafter may so nominate those individuals. CROSS REFERENCED CLAUSES: Chapter 10 Schedule A 4.6 Responsibility Activities Timing TH, Yukon Make reasonable efforts to reach consensus as to In sufficient time to the individuals which each nominates to the ensure that the Steering Committee. In attempting to reach Steering committee is consensus, consider factors set out in 4.4. established within 90 days of Effective Date If consensus is reached: TH, Yukon Nominate those individuals. As soon as practicable If no consensus is reached: TH or Yukon At discretion, give written notice to the other As necessary party setting out the names of the individuals whom it intends to nominate to the Steering Committee. TH or Yukon At discretion, nominate those individuals At least 14 days after provided for in the written notice. providing notice Yukon Establish the steering committee comprised of As soon as practicable two members nominated by the Yukon and two after nomination of members nominated by TH. steering committee members and in any ease no later than 90 days after Effective Date 112 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Boundary Review for Tombstone Territorial Park (the “Park”) RESPONSIBLE TB, Yukon PARTY: PARTICIPANT/ Canada LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 5.1 In its review of the Study Area, the Steering Committee shall provide for a public consultation process which recognizes the territorial significance of the Park. 5.2 Identification of any portions of the Study Area to be recommended for inclusion in the Park shall be consistent with and guided by the objectives of this schedule. 5.3 The Steering Committee shall make best efforts to complete its review of the Study Area, and to provide its recommendations to Government and the Tr’ondëk Hwëch’in as to the boundaries of the Park, within 18 months of the Effective Date of this Agreement. 5.4 The Tr’ondëk Hwëch’in or Government may refer the recommendations of the Steering Committee to the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations. 5.5 Within 90 days of receipt of the Steering Committee’s recommendations, Government and the Tr’ondëk Hwëch’in shall jointly review those recommendations and shall make reasonable attempts to reach consensus as to the boundaries of t he Park. 5.6 If Government and the Tr’ondëk Hwëch’in are unable to reach consensus as to the boundaries of the Park, either may refer the matter to the dispute resolution process under 26.4.0. 5.7 If the matter referred to the dispute resolution process under 5.6 is not resolved, the Minister may accept, vary or set aside the recommendations of the Steering Committee under 5.3 and the decision of the Minister as to the boundaries of the Park shall be forwarded to the Tr’ondëk Hwëch’in and to Canada. CROSS REFERENCED CLAUSES: Chapter 10 Schedule A 4.6; 26.4.0 113 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Steering Prepare a workplan for the review of the Study As soon as practicable committee Area including a public consultation process after establishment of which recognizes the territorial significance of the steering committee the Park. Steering Complete its review of the Study Area and Best efforts within 18 committee provide recommendations to TH and Yukon as to months of the the boundaries of the Park. Effective Date TH or Yukon At discretion, refer the recommendations of the As necessary Steering Committee to the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations. TB, Yukon Jointly review recommendations and make Withing 90 days of reasonable attempts to reach consensus as to the receipt of the Steering boundaries of the Park. Committee’s recommendations If Yukon and TH are unable to reach consensus as to the boundaries of the Park: TH or Yukon At discretion, refer the matter of the dispute As necessary resolution process under 26.4.0. If the matter referred to the dispute resolution process is not resolved: Minister At discretion, accept, vary or set aside the As necessary recommendations of the Steering Committee and forward decision to TH and Canada. Planning Assumption 1. The workplan discussions will identify timelines, budgetary and other resources required and each party’s participation in the process of determining the boundaries of the Park. 114 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Management Plan for Tombstone Territorial Park (the “Park”) RESPONSIBLE TB, Yukon PARTY: PARTICIPANT/ Canada LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 6.1 The Steering Committee shall make best efforts to recommend a Management Plan to Government and to the Tr’ondëk Hwëch’in within 18 months of the determination of the boundaries of the Park pursuant to 5.0. 6.2 The Management Plan shall be consistent with the objectives of this schedule. 6.3 In preparing the Management Plan, the Steering Committee shall provide for a public consultation process which recognizes the territorial significance of the Park. 6.4 The Management Plan shall address all matters pertaining to the management of the Park, including: 6.4.1 management and protection of Fish and Wildlife and their habitat in the Park; 6.4.2 management and protection of other renewable resources in the Park; 6.4.3 management and protection of Heritage Resources in the Park; 6.4.4 access to and use of the Park for recreational activities; 6.4.5 access to and use of the Park for public harvesting of Fish and Wildlife; 6.4.6 access to and use of the Park for commercial purposes; 6.4.7 traditional knowledge, customs and culture of Tr’ondëk Huch’in in connection with the Park and its natural and cultural resources; 6.4.8 the role and views of Tr’ondëk Hwëch’in elders in relation to the Park; 6.4.9 the interest of the Tr’ondëk Hwëch’in in the interpretation of place names and Heritage Resources in the Park directly related to the culture of the Tr’ondëk Hwëch’in; 115 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 6.4.10 measures to enhance public awareness and appreciation of the Park; 6.4.11 identification of specific economic opportunities for the Tr’ondëk Hwëch’in and Tr’ondëk Huch’in in the Park; 6.4.12 permitting or other methods of regulating use of the Park; and 6.4.13 such other matters as the Tr’ondëk Hwëch’in and Government may jointly request the Steering Committee to consider. 6.5 The Steering Committee may refer the Management Plan to the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations. 7.1 Within 90 days of receipt of the Management Plan, Government and the Tr’ondëk Hwëch’in 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. 7.2 If Government and the Tr’ondëk Hwëch’in are unable to reach a consensus under 7.1, either may refer the matter to the dispute resolution process under 26.4.0. 7.3 If the matter referred to the dispute resolution process under 7.2 is not resolved, the Minister may accept, vary or set aside the provisions set out in the Management Plan, and the decision of the Minister as to the provisions to be included in the Management Plan shall be forwarded to the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 10 Schedule A 5.0; 26.4.0 Responsibility Activities Timing Steering Prepare a workplan for the development of the As soon as practicable Committee Management Plan for the Park including a public after establishment of consultation process which recognizes the the Steering territorial significance of the Park. Committee Steering At discretion, refer the draft Management Plan to As necessary Committee the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations. 116 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Steering Recommend a draft Management Plan to Yukon Best efforts within 18 committee and TH which addresses all matters referred to in months of the 6.4. determination of the boundaries of the Park pursuant to 5.0 TH, Yukon Jointly review draft Management Plan and make Within 90 days of reasonable attempts to reach consensus as to the receipt of the draft provisions to be included in the Management Management Plan Plan for the Park. If Yukon and TH are unable to reach consensus as to the provisions to be included in the Management Plan: TH or Yukon At discretion, refer the matter to the dispute As necessary resolution process under 26.4.0. If the matter referred to the dispute resolution process is not resolved: Yukon At discretion, accept, vary or set aside the As necessary provisions set out in the draft Management Plan and forward decision to TH. Planning Assumption 1. The workplan discussions will identify timelines, budgetary and other resources required and each party’s participation in the process of developing the Management Plan. 117 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The development of economic opportunities associated with the establishment of the Tombstone Territorial Park (the “Park”), construction of Park facilities and the operation and maintenance of the Park RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 10.1 In evaluating any competitive proposal, bid or tender for work associated with the establishment of the Park, construction of Park facilities and the operation and maintenance of the Park, Government shall include among the factors for consideration, employment of Tr’ondëk Huch’in, and Tr’ondëk Hwëch’in and Tr’ondëk Huch’in ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm. CROSS REFERENCED CLAUSES: Chapter 10 Schedule A 10.2 Responsibility Activities Timing TH, Yukon Jointly develop criteria to meet the requirements At least six months of Chapter 10 Schedule A 10.1 and identify the prior to the specifics as to how the criteria will be included establishment of the into the contracting processes. Park Yukon Include criteria which meet the requirements of As necessary Chapter 10 Schedule A 10.1 in the evaluation of any competitive proposal, bid or tender for work associated with the establishment of the Park, construction of Park facilities and the operation and maintenance of the Park. Planning Assumption 1. Yukon retains ultimate responsibility for contracting associated with the Park. 118 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right to acquire licences or permits in the commercial wilderness adventure travel industry applicable to the Tombstone Territorial Park (the “Park”) RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 10.3 If a licensing or permitting regime in respect of a sector of the commercial wilderness adventure travel industry applicable to the Park is established and Government places a limit upon the number of such licenses or permits to be issued in respect of the Park, Tr’ondëk Hwëch’in shall have a right of first refusal to acquire a portion of those licenses or permits as follows: 10.3.1 in the first year that Government places the limit, Government shall offer to Tr’ondëk Hwëch’in in respect of the Park: 10.3.1.1 25 percent of the licenses or permits to be issued, less the number of licenses or permits required to allow existing operations which are held by Tr’ondëk Hwëch’in Firms to operate at their then existing level in the Park; or 10.3.1.2 the number of licenses or permits that remain after the then existing operations in the Park have been issued the licenses or permits that are required to allow them to operate at their then existing level in the Park, whichever is less; and 10.3.2 in the second year, and each year thereafter, Government shall offer to the Tr’ondëk Hwëch’in any new licenses or permits issued from time to time in the Park until the Tr’ondëk Hwëch’in and Tr’ondëk Hwëch’in Firms together have been issued 25 percent of the licenses or permits issued from time to time. 10.4 In calculating the number of licenses or permits required to be offered to the Tr’ondëk Hwëch’in pursuant to 2.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures, the total number of licenses or permits to be issued in the Park in respect of a sector of the commercial wilderness adventure travel industry shall be included in the total number of licenses or permits to be issued in the Traditional Territory of the Tr’ondëk Hwëch’in in respect of that sector. 119 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 10.5 The number of licenses or permits offered to the Tr’ondëk Hwëch’in pursuant to this schedule shall not be included in the calculation of the number of licenses or permits required to be offered to the Tr’ondëk Hwëch’in pursuant to 2.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures. 10.6 The conditions set out at 4.0 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures shall apply, with the exception of 4.13 which shall not apply, to the licenses or permits referred to in 10.3 and the issuance of such licenses or permits. 10.7 Nothing in 10.3 shall be construed to prevent the Tr’ondëk Hwëch’in from acquiring additional licenses or permits in respect of a sector of the commercial wilderness adventure travel industry applicable to the Park in accordance with Laws of General Application. CROSS REFERENCED CLAUSES: Chapter 22 Schedule A Part 112.1 Responsibility Activities Timing If a licensing or permitting regime in respect of a sector of the commercial wilderness adventure travel industry applicable to the Park is established and Yukon places a limit upon the number of such licenses or permits to be issued in respect of the Park: In the first year that Yukon places a limit: Yukon Offer to TH 25 percent of the licenses or permits When licences or to be issued, less the number of license or permits are offered permits required to allow existing operations which are held by TH Firms to operate at their then existing level in the Park; OR Offer to TH the number of licenses or permits that remain after the then existing operations in the Park have been issued the licenses or permits that are required to allow them to operate at their then existing level in the Park, whichever is less. 120 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH At discretion, accept the offer by applying for the Within a reasonable new licence or permit. time Yukon If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period In the second and subsequent years that Yukon places a limit, if the 25 percent allocation has not been met: Yukon Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered Yukon Offer to TH any new licence or permit, issued When new licences or from time to time, until TH and TH Firms permits are offered together have been issued 25 percent of the licences or permits, providing information about the requirements that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within a reasonable new licence or permit. time Yukon If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period 121 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Inclusion of Han language in any interpretive displays and signs regarding the history and culture of TH that may be erected in, or related to, the Tombstone Territorial Park (the “Park”) RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 11.1 The Han language shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of the Tr’ondëk Hwëch’in that may be erected in, or related to, the Park. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Consult with TH when proposing to develop As necessary interpretive displays or signage regarding the history and culture of TH that may be erected in, or related to, the Park. Yukon Include the Han language in any interpretive As required displays and signs regarding the history and culture of TH that are erected in, or are related to, the Park. Yukon If Yukon deems it not to be practicable to include Prior to erecting the Han language in any interpretive displays interpretive displays and/ or signs regarding the history and culture of and signs TH that Yukon is considering erecting in, or which are related to, the Park, notify TH providing reasons. 122 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Naming or renaming of places or features in the Tombstone Territorial Park (the “Park”) RESPONSIBLE Yukon Geographical Place Names Board (“YGPNB”), Yukon PARTY: PARTICIPANT/ TH LIAISON: 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 the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: 13.11.2 Responsibility Activities Timing Yukon Refer proposals for naming or renaming places or Within a reasonable features in the Park to the YGPNB and TH. period of time upon receipt of proposals TH Undertake the necessary research and provide Within a reasonable views to the YGPNB. time as proposed by the YGPNB or as the parties may agree YGPNB Provide full and fair consideration of views After TH presents its presented. Provide recommendations regarding views the place name to Yukon. Yukon Approve or deny place name. Notify TH and After receipt of YGPNB of outcome. recommendation 123 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Management and Implementation of the Management Plan for the Tombstone Territorial Park (the “Park”) RESPONSIBLE Yukon PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 12.1 The Park shall be managed in accordance with the Parks Act, R.S.Y. 1986, c. 126, the Wildlife Act, R.S.Y. 1986, c. 178 and the Historic Resources Act, S.Y. 1991, c. 8 and the Management Plan, or prior to the approval of the Management Plan, in accordance with the objectives set out in 1.0. 12.2 Prior to establishment of the Park under 3.1, the Core Area and Study Area 1 shall be managed in accordance with the objectives set out in 1.0. 12.7 Government and the Tr’ondëk Hwëch’in shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Management Plan. CROSS REFERENCED CLAUSES: Chapter 10 Schedule A 1.0, 3.1 Responsibility Activities Timing Yukon Manage the Core Area and Study Area 1 in Prior to the accordance with the objectives set out in 1.0. establishment of the Park under 3.1 Yukon Manage the Park in accordance with the Prior to the approval objectives set out in 1.0. of the Management Plan Yukon Manage the Park in accordance with the Parks After approval of the Act, R.S.Y. 1986, c. 126, the Wildlife Act, Management Plan R.S.Y. 1986, c. 178 and the Historic Resources Act, S.Y. 1991, c. 8 and the Management Plan. TH, Yukon Consider and at discretion, develop mechanisms After approval of the or enter into agreements to facilitate co-operative Management Plan implementation and monitoring of the Management Plan. 124 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Review and amendment of the Tombstone Territorial Park (the “Park”) Management Plan RESPONSIBLE TH, Yukon PARTY: PARTICIPANT/ Yukon Heritage Resources Board LIAISON: OBLIGATIONS ADDRESSED: Chapter 10 Schedule A 12.3 The Management Plan shall be jointly reviewed by Government and the Tr’ondëk Hwëch’in no later than 10 years after its initial approval and at least every 10 years thereafter. 12.4 Review of the Management Plan under 12.3 shall include a process for public consultation. 12.5 Government and the Tr’ondëk Hwëch’in shall make reasonable efforts to reach consensus as to any action to be taken as a result of the review of the Management Plan. 12.6 If Government and the Tr’ondëk Hwëch’in are unable to reach consensus pursuant to 12.5, Government shall determine what action, if any, shall result from the review of the Management Plan and shall advise Tr’ondëk Hwëch’in of its decision. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH, Yukon Establish terms of reference for a joint review of In or before the ninth the Management Plan, and identify resources year following the required to undertake the review, completion of the management plan as needed so that resource requirements can be addressed in the parties’ budgets for the following year(s) 125 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon Conduct review of the Management Plan In accordance with the including a process for public consultation. terms of reference and Identify any proposed amendments to the no later than ten years Management Plan. after the initial approval of the Management Plan If the review identifies any actions to be taken: TH, Yukon Make reasonable efforts to reach consensus as to As required any action to be taken as a result of the review of the Management Plan. If Government and TH are unable to reach consensus: Yukon Determine what action, if any, shall result from As necessary the review of the Management Plan. Advise TH of its decision. Planning Assumptions 1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required. 2. The terms of reference discussions will identify timelines, budgetary and other resources required and each party’s participation in carrying out the review. 126 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Nominees to a Regional Land Use Planning Commission (“RLUPC”) for region including any part of TH Traditional Territory RESPONSIBLE Government, TH, other affected YFNs PARTY: PARTICIPANT/ Tetlit Gwich’in LIAISON: 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 Tr’ondëk Hwëch’in shall be composed of one-third nominees of the Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in 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 in the planning region to the total population in the planning region. 11.4.2.3 The Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in 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, and the Tr’ondëk Hwëch’in and the other Yukon First Nations whose Traditional Territories are included in a planning region, shall make reasonable attempts to reach a consensus as to the individuals which each nominates to the Regional Land Use Planning Commission. 127 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 11.4.2.6 In attempting to reach consensus under 11.4.2.5, Government, and the Tr’ondëk Hwëch’in and the other Yukon First Nations whose Traditional Territories are included in a planning region, shall consider: (a) any prospective nominee’s familiarity with and sensitivity to the culture and aspirations of the Tr’ondëk Hwëch’in and the other Yukon First Nations whose Traditional Territories are included in a planning region; (b) any prospective nominee’s familiarity with land use planning issues; (c) the compatibility of proposed nominees; and (d) any other matters to which Government, and the Tr’ondëk Hwëch’in 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, and the Tr’ondëk Hwëch’in 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. 11.4.2.8 Any Regional Land Use Planning Commission established for a planning region which includes any part of the Primary Use Area shall include one nominee of the Tetlit Gwich’in in the place of one nominee of the Tr’ondëk Hwëch’in and the other Yukon First Nations whose Traditional Territories are included in the planning region. CROSS REFERENCED CLAUSES: 25.6.0 (all), 26.3.0 (all) Responsibility Activities Timing Government, In order to determine the total number of Upon decision to TH and other nominees from each party, agree on who will establish a RLUPC affected YFNs nominate each of the remaining one third of the representatives. 128 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government, If no agreement on who should nominate the As necessary TH or other remaining one third of the nominees, at affected YFNs discretion, refer disagreement to dispute resolution under 26.3.0. TH, other Determine the proposed YFN nominees to the Prior to entering the affected YFNs, RLUPC. If planning region includes any part of process in 11.4.2.5 and Tetlit Gwich’in the Primary Use Area, include one nominee of the 11.4.2.6 Tetlit Gwich’in in place of one nominee of TH and the other affected YFNs. TH or other If no agreement on YFN nominees, at discretion, As necessary affected YFNs refer disagreement resulting from il .4.2.3 to dispute resolution under 26.3.0. TH and other Make reasonable efforts to reach a consensus as When making affected YFNs, to the individuals which each party nominates to nominations to the Government the RLUPC. RLUPC If consensus is reached: TH and other Nominate those individuals. As soon as practicable affected YFNs, Government OR If no consensus reached: TH and other At discretion, give written notice to the other As necessary affected YFNs, party identifying the individuals which it intends Government to nominate to the RLUPC. TH and other At discretion, nominate named individuals. At least 14 days after affected YFNs, notice provided Government 129 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Approval of regional land use plans by Government (Non-Settlement Land) RESPONSIBLE Government PARTY: PARTICIPANT/ Regional Land Use Planning Commission (“RLUPC”), TH, other LIAISON: affected YFNs, affected Yukon communities 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 Responsibility Activities Timing Government Notify TH and other affected YFNs and Yukon Upon receipt of communities that Non-Settlement Land aspects of regional land use plan recommended regional land use plan are being considered by Government. Government Provide information about the recommended plan At time of notification as it applies to Non-Settlement land and indicate reasonable time for response. 130 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, other Review information and prepare and present Within reasonable affected YFNs, views, period of time and affected indicated by Yukon Government communities Government Provide full and fair consideration of views. Before responding to the RLUPC Government Prepare and forward to the RLUPC, the After Consultation with Government response to aspects of the plan YFNs and communities dealing with Non-Settlement Land, including written reasons for any modifications proposed and/or written reasons for rejecting plan. RLUPC If the plan is not supported in its entirety, Upon receipt of reconsider plan in light of Government response Government response and make final recommendation for plan to to plan Government, including written reasons. Government Repeat Consultation with TH, other affected Prior to final decision YFNs and affected Yukon communities for those by Government items that may have been modified by the RLUPC in its final recommendation and any outstanding issues remaining between the RLUPC and Government. Government Prepare and forward to the RLUPC the final After Consultation with Government acceptance, rejection or modification YFNs and communities of aspects of the plan dealing with Non Settlement Land. Planning Assumptions 1. To the extent practicable, Government and TH 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. 131 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Approval of regional land use plans by TH (Settlement Land) RESPONSIBLE TH PARTY: PARTICIPANT/ Regional Land Use Planning Commission (“RLUPC”), Government LIAISON: 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 Responsibility Activities Timing TH Notify Government that Settlement Land aspects Upon receipt of of the recommended regional land use plan are regional land use plan being considered by the TH. TH Provide information about recommended plan as At time of notification it applies to Settlement Land and indicate reasonable time for response. 132 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Review information and prepare and present Within reasonable views. timeframe indicated by TH TH Provide full and fair consideration of views. Before responding to the RLUPC TH Prepare and forward to the RLUPC, the TH After Consultation with response to aspects of the plan dealing with Government Settlement Land, including written reasons for any modifications proposed and/or written reasons for rejecting plan. RLUPC If the plan is not supported in its entirety, Upon receipt of TH reconsider plan in light of TH response and make response to plan final recommendation for plan to TH, including written reasons. TH and Repeat first four activities for those items that Prior to final decision Government may have been modified by the RLUPC in its by TH final recommendation. TH Prepare and forward to the RLUPC the final TH After Consultation with acceptance, rejection or modification of aspects of Government the plan dealing with Settlement Land. Planning Assumptions 1. To the extent practicable, Government and TH will undertake the necessary Consultation with respect to Non Settlement and Settlement Land aspects of the plan in a coordinated fashion. 2. The Department of Indian Affairs and Northern Development will assume the lead role for Canada. 3. When reviewing the part of the plan which applies to Settlement Land, TH will consider the entire recommended regional land use plan. 133 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Joint development of sub-regional or district land use plans RESPONSIBLE Government and TH PARTY: PARTICIPANT/ None identified LIAISON: 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. 11.9.4 If Government initiates the development of a sub-regional or district land use plan by a planning body, the planning body established to prepare that plan shall prepare a budget for the preparation of the plan which shall be subject to review by Government, and Government shall pay those expenses which it approves. CROSS REFERENCED CLAUSES: 11.8.1, 11.8.2, 11.8.3 Responsibility Activities Timing Government or Propose to the other party that a sub-regional or As appropriate TH district land use plan be jointly prepared. Government or Review the proposal and notify other party of Upon receipt of TH whether it is willing to undertake joint planning. proposal Government If both parties agree to undertake planning, As appropriate and TH discuss arrangements for the preparation of the plan, including need to designate a planning body if appropriate. Designated If a planning body is found to be necessary, As soon as practicable planning body prepare budget for the development of the plan and submit budget to Government for review. 134 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Review budget. Pay expenses which it approves. As soon as practicable upon receipt of budget submission Designated Develop plan in accordance with Chapter 11 and As required planning body in a manner consistent with any approved regional land use plan which exists for the area. Planning Assumption 1. The joint preparation of sub-regional and/or district land use plans will occur in a manner consistent with Government and TH policies. 135 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The ownership and management of Heritage Resources on Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 13.3.1 Each Yukon First Nation shall own and manage Moveable Heritage Resources and non-Moveable Heritage Resources and Non-Public Records, other than records which are the private property of any Person, found on its Settlement Land and on those Beds of waterbodies owned by that Yukon First Nation. 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 Responsibility Activities Timing TH Develop and establish policies and procedures via At discretion of TH, mechanisms such as community-based research, after the Effective Date regarding: Management of Moveable Heritage Resources, 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 TH; and Determination of ownership of those records which may be considered private property 136 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Establish a system to register ownership or At discretion, after custody of Heritage Resources, as required for Effective Date transfer. TH Manage resources. As necessary Planning Assumptions 1. Canada and Yukon will assist TH to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources. 2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources. 137 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The ownership and management of ethnographic Moveable Heritage Resources and Documentary Heritage Resources which are directly related to Yukon Indian People and are found in TH Traditional Territory RESPONSIBLE TH, Canada, Yukon, other YFNs PARTY: PARTICIPANT/ Yukon Heritage Resources Board (“YHRB”) LIAISON: 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 .2.1 If more than one Yukon First Nation asserts ownership of a Heritage Resource pursuant to 13.3.2, they shall attempt to resolve the matter among themselves, and, failing resolution, any one of them may refer the matter to the Yukon Heritage Resources Board which shall determine ownership of the Heritage Resource in dispute. 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: 13.3.6.1 an 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 13.3.6.2 an 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, 13.6.0 (all) 138 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Develop and establish policies and procedures via At discretion of TH, mechanisms such as community-based research after the Effective Date regarding: Management of all ethnographic Moveable Heritage Resources and Documentary Heritage Resources that are not Public Records and that are not the private property of any Person and that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People; Determination of ownership of those records which may be considered private property; and Resolution of disputes when more than one YFN asserts ownership of a Heritage Resource. TH In accordance with its policies and procedures, Ongoing manage all ethnographic Moveable Heritage Resources and Documentary Heritage Resources that are not Public Records and that are not the private property of any Person and that are found in its respective Traditional Territory and that are directly related to the culture and history of Yukon Indian People. TH, other YFNs If more than one YFN asserts ownership of a As disputes occur Heritage Resource attempt to resolve dispute. TH If the YFNs are unable to resolve the dispute Within a reasonable among themselves, at discretion, refer to the period of time YHRB. Canada or If any Moveable Heritage Resource found on Yukon Non-Settlement Land in TH Traditional Territory cannot be readily identified as an ethnographic object directly related to the culture and history of Yukon Indian People, hold object in custody until the nature of the object has been determined. Canada or Manage object, if YHRB determines the object is After dispute resolved Yukon an ethnographic object not directly related to the culture and history of Yukon Indian People. 139 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Manage object, if YHRB determines the object is After dispute resolved an ethnographic object directly related to the culture and history of Yukon Indian People. Planning Assumptions 1. Yukon and Canada will assist TH to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources. 2. Yukon is taking steps to access funding to provide proper and adequate facilities necessary to clean and restore Moveable Heritage Resources. 140 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Allocation of Government program resources for the development and management of Heritage Resources of Yukon Indian People RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ Yukon Indian People, Yukon Heritage Resources Board (“YHRB”), LIAISON: other Yukon First Nation(s) 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, 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, 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), Schedule B (all), Schedule C (all); 28.3.3.5 Responsibility Activities Timing Canada, Yukon, Meet to: Within 6 months after TH the Effective Date or complete terms of reference and a work plan, as soon thereafter as including time frames, for the preparation of a the Parties agree is strategic plan with respect to the development reasonable and management of Heritage Resources in TH Traditional Territory; and discuss steps that can be initiated towards achieving the objectives of 13.4.1 and 13.4.2 in the interim prior to completion of the strategic plan. 141 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada, Yukon, Develop and approve the strategic plan. As agreed by Parties TH and the YHRB, following completion of terms of reference and/or the strategic plan YHRB At discretion, review and make recommendations Within a reasonable to Canada, Yukon and TH regarding the strategic time following receipt plan and ways in which YHRB could monitor of the strategic plan implementation of the strategic plan. Canada, Yukon, Implement the strategic plan. Following completion TH of the strategic plan Canada, Yukon, Jointly monitor implementation of the strategic Ongoing TH plan, and review and amend the plan from time to time as may be agreed. Planning Assumptions 1. The strategic plan will set out a collaborative, complementary approach to the development and management of heritage resources in TH 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: identifying related long-term and short-term priorities of TH, Canada and the Yukon; 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; identifying sources of funding and/or other resources from TH, 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 142 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 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. Terms of reference for the strategic plan shall include: consideration of the objectives set out in 13.1.0; an approach that recognizes the historical underdevelopment of the Heritage Resources of Yukon Indian People; 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 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, 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, 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), Schedule B (all), Schedule C (all); 28.3.3.5. 2. The terms of reference for the strategic plan may also include: the roles and participation of the Parties in developing, monitoring, reviewing and amending the strategic plan; and such other matters as the Parties may agree. 3. 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, TH and the other Yukon First Nation(s). 143 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 4. The development and management of the Heritage Resources of Yukon Indian People in that part of TH 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. 5. 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. 144 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The development of programs, staff and facilities to enable the repatriation of Moveable and Documentary Heritage Resources relating to Yukon Indian People RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing TH Develop and establish policies and procedures On initiative of TH relating to repatriation, including policies to determine ownership of those Moveable and Documentary Heritage Resources which may be considered private property. TH and Discuss and determine assistance required to At the request of the Government enable repatriation. TH Yukon and/or Provide technical and information assistance to As practicable Canada TH to assist it to develop programs, staff and facilities. Planning Assumption 1. Government will assist TH to access existing funding programs, including those programs designed to develop facilities to display and house Heritage Resources. 145 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH on Legislation and related policies on Heritage Resources in the Yukon RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing TH, Develop arrangements and procedures for Within 60 days of the Government Consultation identifying contacts, timelines, Effective Date, or as general information guidelines, and any other soon thereafter as the information required by TH and Government. parties agree is reasonable Government Notify TH of subject matter of any proposed As necessary, legislative or policy changes related to Heritage following Effective Resources in the Yukon. Date TH Prepare and present views to Government. Within reasonable time as set out in the arrangements and procedures for Consultation Government Provide full and fair consideration to views presented by TH. Government Notify TH of outcome. As practicable Planning Assumption 1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time. 146 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The preparation of an inventory of Moveable Heritage Resources and Heritage Sites which relate to the TH RESPONSIBLE Government, TH PARTY: PARTICIPANT/ Yukon Heritage Resources Board (“YHRB”) LIAISON: 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 Responsibility Activities Timing Government Facilitate the preparation of an inventory of After the Effective Moveable Heritage Resources and Heritage Sites, Date within existing budgets. TH, Indicate, in the case of Moveable Heritage During development of Government Resources and Heritage Sites, the location and inventory origin of the Resources and Sites, where possible. Government Notify YHRB that inventory is being prepared During development of and seek input regarding inventory of Moveable inventory Heritage Resources and Heritage Sites. YHRB At discretion, review and make recommendations As soon as practicable to Government regarding inventory of Moveable after notice received Heritage Resources and Heritage Sites. 147 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Development of a manual to include definitions relating to heritage resources RESPONSIBLE YFNs, Yukon, Canada PARTY: PARTICIPANT/ Yukon Heritage Resources Board (“YHRB”) LIAISON: OBLIGATIONS ADDRESSED: 13.5.3 The Board may make recommendations to the Minister 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 Responsibility Activities Timing YFNs or Yukon Notify parties of intent to begin development of At discretion manual. YFNs and Convene meeting to discuss. As arranged by parties Yukon Yukon and Notify YHRB that manual is being prepared and Upon readiness of YFNs seek input, parties to undertake development of manual YHRB Make recommendations to Yukon, YFNs and As soon as practicable Canada regarding the contents of manual. after notice received Yukon and Reach agreement on content of manual. As soon as practicable YFNs Yukon and Provide Canada with definitions to be used in After agreement YFNs manual, and ask for response. reached between Yukon and YFNs 148 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Respond to Yukon and YFNs. Within a reasonable period of time Yukon and Incorporate Canada’s comments in manual, as As soon as practicable YFN agreed by YFNs and Yukon. Complete manual. Planning Assumptions 1. When making recommendations respecting issues affecting lands administered by the Canadian Parks Service, 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. 149 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The distribution of research or interpretive reports regarding Yukon Heritage Resources RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing Government Provide a list of existing research or interpretive At request of TH, as reports and, as practicable, reports in preparation. soon as practicable after Effective Date TH Request the research or interpretive reports that Following receipt of are of interest to TH. the list Government Make available to TH the requested research or At request of TH interpretive reports. TH Notify Government if it has any concerns that the As soon as practicable report contains information of a sensitive nature. after receipt of requested reports Government Make a determination, based on concerns Prior to the public expressed by TH and/or access to information and release of reports or privacy legislation whether to release to public, portions thereof Provide details of decision to TH. 150 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. Government shall make best efforts to recognize and respect the sensitivity expressed by TH pertaining to publication of such reports, consistent with 13.1.1.1. 151 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The provision of a written inventory of all Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in within the Traditional Territory of the TH RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 13.8.1.2 (a) Government shall provide the Tr’ondëk Hwëch’in with a listing of all Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in, including information on their location and character, that are located within the Traditional Territory of the Tr’ondëk Hwëch’in and which have been documented by Government at the Effective Date of this Agreement; CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2 Responsibility Activities Timing Government Provide to TH, a written inventory of sites within As soon as practicable the Traditional Territory of TH which are identified by Government as Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in, including information on their location and character, which have been documented by Government at the Effective Date. 152 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The interim protection of a Heritage Site on Non-Settlement Land, Category B Settlement Land, or Fee Simple Settlement Land directly related to the culture and heritage of Tr’ondëk Huch’in RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 13.8.1.2 (b) when requested by the Tr’ondëk Hwëch’in, Government shall consider protection within existing Legislation for a period of time of a Heritage Site directly related to the culture and heritage of Tr’ondëk Huch’in which is on Non-Settlement Land, Category B Settlement Land or Fee Simple Settlement Land within the Traditional Territory of the Tr’ondëk Hwëch’in, pending a decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site; 13.8.1.2 (c) Government shall Consult with the Tr’ondëk Hwëch’in regarding the terms and conditions of the temporary protection which might apply to the Heritage Site pursuant to 13.8.1.2(b); CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2 Responsibility Activities Timing TH Request, from Government, protection within When interim existing Legislation for a period of time of a protection desired Heritage Site directly related to the culture and heritage of Tr’ondëk Huch’in on Non-Settlement Land, Category B Settlement Land, or Fee Simple Settlement Land within the Traditional Territory of TH pending a decision by the Minister whether to designate the Heritage Site as a Designated Heritage Site. Provide views regarding the terms and conditions of the temporary protection. Government Provide fair and full consideration to request for As soon as practicable interim protection and TH views regarding terms after request of TH and conditions of the temporary protection. 153 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Make determination whether to provide interim protection, and on terms and conditions of same. 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. 154 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The identification of proposed Designated Heritage Sites or Heritage Sites directly related to the culture and heritage of Tr’ondëk Huch’in RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 13.8.1.2 (d) Government shall inform the Tr’ondëk Hwëch’in when land within the Traditional Territory of the Tr’ondëk Hwëch’in is identified by Government as a proposed Designated Heritage Site or as a Heritage Site directly related to the history or culture of Tr’ondëk Huch’in. CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 13.5.3, 13.5.3.9, 13.8.1.4 Responsibility Activities Timing Government Provide written notice to TH when land within its As soon as practicable Traditional Territory is identified as a proposed after identification Designated Heritage Site or as a Heritage Site directly related to the culture and heritage of Tr’ondëk Huch’in. 155 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of arrangements for ownership and management of a Designated Heritage Site RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 13.8.1.3 The Tr’ondëk Hwëch’in and Government may enter into agreements with respect to the ownership and management of Designated Heritage Sites. CROSS REFERENCED CLAUSES: 13.4.1, 13.4.2, 13.8.2, 13.8.3, 13.8.3.1, 13.8.6 Responsibility Activities Timing Government or Request commencement of negotiations As necessary TH regarding ownership and management of a Designated Heritage Site. Provide details. Other party Review request and determine whether to enter Following request to negotiations. enter negotiations Government, If parties agree, enter negotiations. As necessary TH 156 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consideration of other resource users in management of interpretive and research activities at Heritage Sites RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing Government, Consider the land use activities of other resource Ongoing after TH users in the management of interpretive and Effective Date research activities at Heritage Sites. 157 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The management of research activities at sites which may contain Moveable Heritage Resources RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: 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. CROSS REFERENCED CLAUSES: 5.5.1 (all), 13.3.1, 13.4.1, 13.4.2 Responsibility Activities Timing Government, Establish joint guidelines and conditions for a As soon as practicable TH permit system within TH Traditional Territory to control research activities at any site which may contain Moveable Heritage Resources. TH Establish further guidelines and conditions for a After joint guidelines permit system to control research activities at any and conditions are site on Settlement Land which may contain established by the Moveable Heritage Resources, to the extent that parties TH wishes to vary the joint guidelines set by the parties. Government, Institute permit system. TH TH Monitor and enforce the guidelines and As required conditions applicable to Settlement Land pursuant to 5.5.1. 158 TR’ONDÊK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation before issuance of permit for research at a Heritage Site which is directly related to the culture and heritage of Tr’ondëk Huch’in in the Traditional Territory of the TH RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 13.8.3.1 Government shall Consult with the Tr’ondëk Hwëch’in before issuing a permit for research at a Heritage Site which is directly related to the culture and heritage of Tr’ondëk Huch’in in the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: 13.8.3 Responsibility Activities Timing Government Notify TH of application for a permit for Upon receipt of research at a Heritage Site directly related to the application culture and heritage of Tr’ondëk Huch’in in the Traditional Territory of the TH. Provide details. TH Review request and prepare and present views. Within a reasonable time indicated by Government Government Provide full and fair consideration to the views of As soon as practicable TH. Notify TH of outcome. 159 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The control of access to Designated Heritage Sites RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ Yukon Heritage Resources Board LIAISON: 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, 13.8.2 Responsibility Activities Timing Yukon and/or Establish policies and procedures to control As soon as practicable Canada and/or access to Designated Heritage Sites in accordance after completion of TH with the terms of approved site management management plans plans considering the requirements and interests of 13.8.5. Yukon and/or Control access in accordance with the policies Ongoing Canada and/or and procedures developed. TH Planning Assumption 1. Responsibility for monitoring and enforcement of access to Designated Heritage Sites will be addressed in the management plans. 160 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The protection of Heritage Resources accidentally discovered on TH Settlement Land. RESPONSIBLE TH PARTY: PARTICIPANT/ Surface Rights Board LIAISON: OBLIGATIONS ADDRESSED: 13.8.7.1 A Person who accidentally discovers a Heritage Resource on Tr’ondëk Hwëch’in Settlement Land shall take such steps as are reasonable in all circumstances to safeguard the Heritage Resource and shall report as soon as practicable that discovery to the Tr’ondëk Hwëch’in. 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 Tr’ondëk Hwëch’in Settlement Land provided for in this Agreement may only continue to disturb a Heritage Site or Moveable Heritage Resource with the consent of the Tr’ondëk Hwëch’in. 13.8.7.3 A Person described in 13.8.7.1 who is exercising a right of access or a right to use Tr’ondëk Hwëch’in 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: (a) the consent of the Tr’ondëk Hwëch’in; or (b) 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 Responsibility Activities Timing TH Develop procedures with respect to the reporting Within one year of of the accidental discovery of a Heritage Effective Date Resource and the safeguarding of the Heritage Resource. TH Receive report of accidental discovery of a As soon as practicable Heritage Resource. Ensure disturbance of after discovery Heritage Site or Moveable Heritage Resource has ceased. 161 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH If request made, grant or deny consent to further Within a reasonable disturb a Heritage Site or Moveable Heritage time of the request Resource. Notify applicant of decision. TH If application is made to the Surface Rights Board In accordance with prepare and respond to application. Surface Rights Board rules 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 TH 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. 162 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The protection of Documentary Heritage Resources that have been accidentally discovered on Settlement Land and reported to the TH. RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 13.8.7.4 The Tr’ondëk Hwëch’in shall report to Government, as soon as practicable, the discovery on Tr’ondëk Hwëch’in Settlement Land of any Documentary Heritage Resource reported to it under 13.8.7.1. 13.8.7.5 Government and the Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in 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) Responsibility Activities Timing Government, Develop arrangements and procedures for the Within 6 months of TH reporting of accidental discoveries. Effective Date or as soon thereafter as the parties agree is reasonable TH Report to Government the discovery of any As soon as practicable Documentary Heritage Resource reported to TH after receiving report under 13.8.7.1. Government, Attempt to agree whether the Documentary TH Heritage Resources is a Public Record or a Non Public Record. Government or If parties fail to reach an agreement, at discretion, Within a reasonable TH refer the matter to the dispute resolution process period of time under 26.3.0. 163 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH If a Documentary Heritage Resource is classified Within a reasonable as a Non-Public Record, make reasonable efforts period of time to determine if it is privately owned. 164 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The establishment of procedures to manage TH Burial Sites on Settlement Land RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: 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 Responsibility Activities Timing TH, Develop and establish policies and procedures to: Within 6 months of Government - manage and protect TH Burial Sites on Effective Date or as TH Settlement Land; soon thereafter as the restrict access; parties agree is report discovery of TH Burial Site; and reasonable prevent disturbance. Planning Assumptions 1. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of TH 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 TH Burial Site. 2. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a TH Burial Site. 165 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The establishment of procedures to manage TH Burial Sites on Non-Settlement Land RESPONSIBLE Government, TH PARTY: PARTICIPANT! None identified LIAISON: 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; Chapter 13 Schedule A 2.6 Responsibility Activities Timing Government, Develop and establish policies and procedures to: Within 6 months of TH - manage and protect TH Burial Sites on Effective Date or as Non-Settlement Land; soon thereafter as the restrict access; parties agree is inform TH when a TH Burial Site is reasonable discovered; and prevent further disturbance. Government, Jointly approve management plans, if developed. After the development TH of a management plan 166 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. During the development of procedures, the parties will exchange information on any known burial sites within TH Traditional Territory. 2. The Parties will undertake to share advance drafts of material intended for public distribution relating to the accidental discovery of TH 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 TH Burial Site. 3. Where practicable, material published shall include descriptive cultural information to facilitate recognition of a TH Burial Site. 167 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The determination of terms and conditions upon which a TH Burial Site may be further disturbed following its discovery RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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, 26.7.0 (all) Responsibility Activities Timing TH Develop the necessary policies and procedures in Within one year of order to process and review applications. Effective Date TH Review application for consent to pursue Upon receipt of authorized activity and establish any necessary application for consent terms or conditions, or withhold consent. Notify applicant of decision. TH If no agreement with respect to terms and If referenced to conditions, respond to referral to arbitration under arbitration 26.7.0. 168 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Development of policies and procedures regarding the exhumation, examination and reburial of human remains from a TH Burial Site RESPONSIBLE TH PARTY: PARTICIPANT/ None identified LIAISON: 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, 13.9.2, 13.9.3 Responsibility Activities Timing TH Develop and establish policies and procedures At discretion of TH with respect to the disturbance of a TH Burial after Effective Date Site and the exhumation, examination, and reburial of human remains. TH If exhumation, examination or reburial is ordered As necessary by an arbitrator under 13.9.3, supervise any exhumation, examination and reburial of human remains. 169 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The provision of Documentary Heritage Resources in Government custody for copying by the TH RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: 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 Responsibility Activities Timing Government Make available to TH any existing list of At request of TH Documentary Heritage Resources in Government custody relating to TH. Government Make available for copying any of the At request of TH Documentary Heritage Resources in accordance with Government policies and procedures. 170 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH on Legislation and related policies on Documentary Heritage Resources in the Yukon relating to Yukon Indian People RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: 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 Responsibility Activities Timing TH, Develop arrangements and procedures for Within 60 days of the Government Consultation identifying contacts, timelines, Effective Date, or as general information guidelines, and any other soon thereafter as the information required by TH and Government. parties agree is reasonable Government Notify TH of subject matter of any proposed As necessary changes to legislation or policy on Documentary Heritage Resources in the Yukon relating to Yukon Indian People. TH Prepare and present views to Government. Within reasonable time as set out in arrangements and procedures for Consultation Government Provide full and fair consideration to views presented by TH. Government Notify TH of outcome. As practicable Planning Assumption 1. The arrangements and procedures for Consultation will include provision for revising these arrangements and procedures from time to time. 171 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The management of Documentary Heritage Resources relating to Yukon Indian People RESPONSIBLE Government PARTY: PARTICIPANT/ TH, Yukon Indian Elders LIAISON: 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. 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. 13.10.7 Government and Yukon First Nations may work cooperatively with Yukon Indian Elders on the interpretation of Documentary Heritage Resources 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 Responsibility Activities Timing Government Notify TH of existing and anticipated As practicable arrangements and plans for managing Documentary Heritage Resources relating to Tr’ondëk Huch’in. Provide details. Notify TH of proposed displays and inventories Prior to planning such of Documentary Heritage Resources in the Yukon displays and pertaining to Tr’ondëk Huch’in. Provide details, inventories TH Prepare and present views to Government Within a reasonable regarding the management of Documentary period of time Heritage Resources pertaining to Tr’ondëk indicated by Huch’in. Government Prepare and present views to Government regarding proposed displays and inventories of Documentary Heritage Resources pertaining to Tr’ondëk Huch’in. 172 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Provide full and fair consideration of views Within a reasonable presented by TH regarding management of period of time after Documentary Heritage Resources related to receiving TH views Tr’ondëk Huch’in. Provide full and fair consideration of views presented by TH regarding proposed displays and inventories of Documentary Heritage Resources pertaining to Tr’ondëk Huch’in. Government Notify TH of outcome. After consideration of TH views Government, Work co-operatively on the interpretation of As required Yukon Indian Documentary Heritage Resources relating to Elders, TH Tr’ondëk Huch’in. Government, Work co-operatively in the preparation of As required TH displays and inventories of Documentary Heritage Resources relating to Tr’ondëk Huch’in. Work co-operatively on the management of Documentary Heritage Resources in the Yukon relating to Tr’ondëk Huch’in. 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. Copies of inventories of Documentary Heritage Resources relating to Yukon Indian People will be made available to YFNs as agreed to by the parties. 3. Translations of Documentary Heritage Resources may be required if Elders are to be involved in their interpretation. 4. The Parties agree that Government’s ability to notify TH of Government’s existing and anticipated arrangements and plans for managing Documentary Heritage Resources relating to Tr’ondëk Huch’in which are not held by Government may be subject to limitations imposed or indicated by the holders of the Documentary Heritage Resources. 173 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH by the Yukon Geographical Place Names Board (“YGPNB”) RESPONSIBLE YGPNB PARTY: PARTICIPANT! TH, Canada LIAISON: 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 Responsibility Activities Timing YGPNB Notify TH when considering the naming of a As required place or feature within TH Traditional Territory. TH Prepare and present its views to YGPNB. Within a reasonable period of time indicated by YGPNB YGPNB Provide full and fair consideration of views Within a reasonable presented. period of time after receiving TH views YGPNB Notify TH of outcome. After consideration of TH views 174 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Naming of geographical features on Settlement Land and the inclusion of traditional aboriginal place names on revised maps of the National Topographic Series RESPONSIBLE TH, Canada PARTY: PARTICIPANT: Yukon Geographical Place Names Board (“YGPNB”) LIAISON: 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 Responsibility Activities Timing Canada Notify TH and YGPNB of any scheduled As appropriate production or reproduction of National Topographic Series maps. TH Develop and establish policies and conduct As needed community-based research regarding the naming or renaming of geographic features on its Settlement Land. TH Name or rename places and geographical features As appropriate on Settlement Land and forward a copy to YGPNB. TH, Canada Investigate and use best efforts to conclude As appropriate arrangements to include names on revised National Topographic Series maps. Planning Assumption 1. It is expected that a YFN-controlled mapping company will investigate contract arrangements for map production with Canada. 175 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Contracts associated with the management of a Designated Heritage Site directly related to the history or culture of the Tr’ondëk Huch’in within TH Traditional Territory. RESPONSIBLE Government PARTY: PARTICIPANT! TH LIAISON: OBLIGATIONS ADDRESSED: 13.12.1.1 Government shall provide written notice to the Tr’ondëk Hwëch’in of any public tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of Tr’ondëk Huch’in within the Traditional Territory of the Tr’ondëk Hwëch’in. 13.12.1.2 Government shall include the Tr’ondëk Hwëch’in in any invitational tender for contracts associated with the management of a Designated Heritage Site directly related to the history or culture of the Tr’ondëk Huch’in within the Traditional Territory of the Tr’ondëk Hwëch’in. 13.12.1.3 The Tr’ondëk Hwëch’in 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 Tr’ondëk Huch’in within the Traditional Territory of the Tr’ondëk Hwëch’in 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 Tr’ondëk Hwëch’in 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 within the Traditional Territory of the Tr’ondëk Hwëch’in directly related to the history or culture of Tr’ondëk Huch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.2; 13.12.1.9, 22.5.10 176 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Government Develop contracting arrangements and To begin at least 6 procedures that will include contacts, timelines, months prior to the and information requirements. establishment of a Designated Heritage Site or as soon thereafter as the parties agree is reasonable Government Provide written notice to TH of any public or As contracts are invitational tenders for contracts being offered tendered by Government associated with the management of a Designated Heritage Site directly related to the history or culture of Tr’ondëk Huch’in within TH Traditional Territory. Government Consistent with the arrangements and As contracts are procedures, provide TH with first opportunity to tendered 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 Tr’ondëk Huch’in within TH Traditional Territory upon the same terms and conditions as would be offered to others. TH Provide response to Government whether to Within timelines accept. specified in arrangements and procedures 177 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: The development of contract opportunities associated with a Designated Heritage Site within the Traditional Territory of the TH. RESPONSIBLE Government PARTY: PARTICIPANT! TH LIAISON: OBLIGATIONS ADDRESSED: 13.12.1.7 Government shall include in any contract opportunities associated with a Designated Heritage Site directly related to the history or culture of Tr’ondëk Huch’in within the Traditional Territory of the Tr’ondëk Hwëch’in: a) a criterion for the employment of Tr’ondëk Huch’in or engagement of Tr’ondëk Hwëch’in Firms; and b) a criterion for special knowledge or experience of Tr’ondëk Huch’in 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 Tr’ondëk Huch’in or engagement of Tr’ondëk Hwëch’in Firms or for special knowledge or experience of Tr’ondëk Huch’in shall be the determining criterion in awarding any contract. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.2; 13.12.1.1, 13.12.1.2, 13. 12. 1.9 Responsibility Activities Timing TH, Jointly develop criteria for Tr’ondëk Huch’in To begin at least six Government employment, engagement of TH Firms and for months prior to the special knowledge and experience of Tr’ondëk establishment of a Huch’in related to a Designated Heritage Site, Designated Heritage and identify the specifics as to how the criteria Site or as soon will be included into the contracting processes. thereafter as the parties agree is reasonable 178 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Include a criterion for Tr’ondëk Huch’in As required employment or engagement of TH Firms, and a criterion for special knowledge and experience of Tr’ondëk Huch’in related to a Designated Heritage Site in any contract which it intends to develop that is associated with a Designated Heritage Site directly related to the history or culture of Tr’ondëk Huch’in within TH Traditional Territory. Planning Assumption 1. Government retains ultimate responsibility for contracting associated with Designated Heritage Sites. 179 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of Forty Mile, Fort Cudahy and Fort Constantine as a Designated Heritage Site RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT! None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule A 2.1 As soon as practicable following the Effective Date of this Agreement, Canada shall cause fee simple title in respect of any lands forming part of Forty Mile, Fort Cudahy and Fort Constantine, which are under the administration of Canada, to be issued in the names of the Commissioner of the Yukon Territory and the Tr’ondëk Hwëch’in as tenants in common as to an undivided one-half interest each. 2.2 As soon as practicable following the Effective Date of this Agreement, the Yukon shall cause fee simple title in respect of any lands forming part of Forty Mile, Fort Cudahy and Fort Constantine, which are under the administration of the Commissioner of the Yukon Territory, to be issued in the names of the Commissioner of the Yukon Territory and the Tr’ondëk Hwëch’in as tenants in common as to an undivided one-half interest each. 2.3 Forty Mile, Fort Cudahy and Fort Constantine shall be designated as a historic site under the Historic Resources Act, S.Y. 1991, c.8, as soon as practicable following the issuance of the fee simple titles referred to in 2.1 and 2.2. 2.4 Historic Site designation under the Historic Resources Act. S.Y. 1991, c.8 shall not be removed from any lands forming part of Forty Mile, Fort Cudahy and Fort Constantine, without the consent of the Tr’ondëk Hwëch’in and the Yukon. 2.5 If the Yukon or the Tr’ondëk Hwëch’in acquires Lot 2, Block 28, Group 1101, Plan 4286 CLSR or any part thereof, (the “Private Lands”), the Yukon or the Tr’ondëk Hwëch’in shall cause fee simple title in respect of the Private Lands to be issued in the names of the Commissioner of the Yukon Territory and the Tr’ondëk Hwëch’in as tenants in common and the boundaries of Forty Mile, Fort Cudahy and Fort Constantine shall be amended to include the Private Lands. 2.5.1 For greater certainty, if the boundaries of Forty Mile, Fort Cudahy and Fort Constantine are amended to include the Private Lands pursuant to 2.5, the designation of Forty Mile, Fort Cudahy and Fort Constantine as a historic site under the Historic Resources Act, S.Y. 1991, c.8, shall also apply to the Private Lands. 180 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 7.1 Subject to 7.2, Canada shall prohibit entry on Forty Mile, Fort Cudahy and Fort Constantine for the purpose of locating, prospecting and mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw Forty Mile, Fort Cudahy and Fort Constantine from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c.T-7 and prohibit the issuance of interests under the Canada Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c.36. 7.1.1 Subject to 7.2, no one may carry out any activities related to the exploration or production of oil and gas in Forty Mile, Fort Cudahy and Fort Constantine. 7.1.2 Subject to 7.2, no one may explore for coal or stake for coal in Forty Mile, Fort Cudahy and Fort Constantine. 7.2 For greater certainty, the provisions of 7.1 shall not apply in respect of: 7.2.1 recorded mineral claims and leases under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, existing on the Effective Date; 7.2.2 oil and gas interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36, existing on the Effective Date; 7.2.3 rights granted under section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-7, existing on the Effective Date; and any successor or replacement rights and any new leases, 7.2.4 licenses, permits or other rights which may be granted in respect of an interest described in 7.2.1, 7.2.2 or 7.2.3. CROSS REFERENCED CLAUSES: 13.4.6.1, 13.5.3, 13.5.3.9; Chapter 13 Schedule A 1.1, 6.1 181 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Subject to 7.2, prohibit entry on Forty Mile, Fort By the Effective Date Cudahy and Fort Constantine for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3; prohibit the issuance of interests under the Canada Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 on Forty Mile, Fort Cudahy and Fort Constantine; and withdraw Forty Mile, Fort Cudahy and Fort Constantine from the disposal of any interest pursuant to the Territorial Lands Act R.S.C. 1985, c. T-7. Canada Notify Yukon and TH of prohibition and As soon as practical withdrawal. after prohibition and withdrawal Canada Cause fee simple title to be issued in respect of As soon as practicable any lands forming part of Forty Mile, Fort Cudahy and Fort Constantine which are under its administration, in the names of the Commissioner of the Yukon Territory and TH as tenants in common as to an undivided one-half interest each. Canada Notify Yukon and TH of issuance of fee simple As soon as practicable title. after issuance Yukon Cause fee simple title to be issued in respect of As soon as practicable any lands forming part of Forty Mile, Fort Cudahy and Fort Constantine which are under its administration and control, in the names of the Commissioner of the Yukon Territory and TH as tenants in common as to an undivided one-half interest each. Yukon Notify Canada and TH of issuance of fee simple As soon as practicable title. after issuance Yukon Designate Forty Mile, Fort Cudahy and Fort As soon as practicable Constantine as an historic site pursuant to the following the issuance Historic Resources Act, S.Y. 1991, c. 8. of fee simple title 182 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Notify TH and Canada of designation. As soon as practicable after designation If Yukon or TH acquires the Private Lands: Yukon or TH Cause fee simple title in respect of the Private As soon as practicable Lands to be issued in the names of the after acquiring lands Commissioner of the Yukon Territory and TH as tenants in common. Yukon Change the boundaries of Forty Mile, Fort After fee simple title is Cudahy and Fort Constantine to include the issued Private Lands by amending the designation as an historic site pursuant to the Historic Resources Act. Yukon or TH If making a proposal to remove the designation As necessary under the Historic Resources Act, from any part of Forty Mile, Fort Cudahy and Fort Constantine, forward the proposal to the other party. Yukon or TH Consider the proposal. Within a reasonable period of time after receiving the proposal Yukon If the Yukon and TH agree, remove the historic As necessary site designation from the part of Forty Mile, Fort Cudahy and Fort Constantine identified in the proposal. 183 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of management plan for Forty Mile, Fort Cudahy and Fort Constantine Historic Site RESPONSIBLE TH, Yukon PARTY: PARTICIPANT! Yukon Heritage Resources Board LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule A 3.1 A management plan shall be prepared for Forty Mile, Fort Cudahy and Fort Constantine. 3.2 A steering committee shall be established to prepare the management plan referred to in 3.1. 3.2.1 The steering committee shall be comprised of six members, of whom three shall be nominated by the Tr’ondëk Hwëch’in and three by the Yukon. 3.3 The steering committee shall make best efforts to recommend the management plan to the Tr’ondëk Hwëch’in and the Yukon within five years of the Effective Date of this Agreement. 3.3.1 If the members of the steering committee are unable to agree on the provisions to be included in the management plan, the Tr’ondëk Hwëch’in or the Yukon may refer the matter to dispute resolution under 26.3.0. 3.4 The preparation of the management plan shall include a process for public consultation. 3.5 Preparation of the management plan shall be guided by the following principles: 3.5.1 protection, conservation and interpretation of the Heritage Resources at Forty Mile, Fort Cudahy and Fort Constantine in accordance with national and international standards, as accepted or modified by the Tr’ondëk Hwëch’in and the Yukon. 3.5.2 recognition and protection of the traditional and current use of Forty Mile, Fort Cudahy and Fort Constantine by the Tr’ondëk Hwëch’in; 3.5.3 encouragement of and public awareness of and appreciation for the natural and cultural resources of Forty Mile, Fort Cudahy and Fort Constantine; and 3.5.4 provision of reasonable opportunity to the public to visit and appreciate Forty Mile, Fort Cudahy and Fort Constantine. 184 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 3.6 The management plan shall address all matters pertaining to the management of Forty Mile, Fort Cudahy and Fort Constantine, including: 3.6.1 its traditional and current use by the Tr’ondëk Hwëch’in; 3.6.2 the nature and status of its resources; 3.6.3 historic buildings; 3.6.4 archaeological resources; 3.6.5 burial sites; 3.6.6 land use impact; 3.6.7 the conditions of third-party use; 3.6.8 research in respect of the Heritage Resources; 3.6.9 economic opportunities associated with Forty Mile, Fort Cudahy and Fort Constantine; 3.6.10 the manner in which the management plan would be implemented; and 3.6.11 other matters as to which the Tr’ondëk Hwëch’in and Yukon agree. 4.1 The Tr’ondëk Hwëch’in and the Yukon may refer any proposed management plan to the Yukon Heritage Resources Board for its review and recommendations. 4.2 The Tr’ondëk Hwëch’in and the Yukon shall jointly review any proposed management plan and shall make reasonable attempts to reach consensus on whether to accept, vary or set aside the provisions set out in the management plan and shall consider any recommendations of the Yukon Heritage Resources Board. 4.3 If the Tr’ondëk Hwëch’in and the Yukon are unable to reach a consensus under 4.2, either may refer the matter to dispute resolution under 26.3.0. 4.3.1 Nothing in this schedule shall be construed to confer upon an arbitrator appointed pursuant to 4.3 any power to determine financial or other resources to be provided in connection with Forty Mile, Fort Cudahy and Fort Constantine by either the Tr’ondëk Hwëch’in or the Yukon. CROSS REFERENCED CLAUSES: 13.8.1.4; Chapter 13 Schedule A 5.1; 26.3.0 (all) 185 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon Establish the steering committee comprised of Within 6 months of the three members nominated by TH and three Effective Date or as members nominated by Yukon. soon thereafter as the parties agree is reasonable Steering Prepare a workplan for development of the As soon as practicable committee management plan including a process for public after establishment of consultation. the steering committee Steering Develop and recommend the management plan to Best efforts within 5 committee TH and Yukon. years of the Effective Date, consistent with the workplan TH or Yukon If the members of the steering committee are As necessary unable to agree on the provisions to be included in the management plan, refer to dispute resolution under 26.3.0. TH, Yukon At discretion, forward proposed management Upon receipt of plan to the Yukon Heritage Resources Board for proposed management its review and recommendations. plan TH, Yukon Jointly review proposed management plan taking As soon as practicable into consideration any recommendations of the after receipt of Yukon Heritage Resources Board; make recommendations from reasonable attempts to reach consensus whether the Yukon Heritage to accept, vary or set aside the provisions. Resources Board TH, Yukon If the parties are unable to agree upon the As necessary provisions of the management plan, refer the matter to dispute resolution under 26.3.0. Planning Assumption 1. The workplan discussions will identify timelines, budgetary and other resources required and each party’s participation in the process of developing the management plan. 186 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Review and amendment of the Forty Mile, Fort Cudahy and Fort Constantine Historic Site approved management plan RESPONSIBLE TH, Yukon PARTY: PARTICIPANT: Yukon Heritage Resources Board LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule A 4.4 The Tr’ondëk Hwëch’in and the Yukon shall jointly review the management plan no later than ten years after its initial approval and no later than every ten years thereafter. 4.5 The Tr’ondëk Hwëch’in and the Yukon may refer any proposed amendment to the management plan to the Yukon Heritage Resources Board for its review and recommendations. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH, Yukon Establish terms of reference for a joint review of In or before the ninth the management plan, and identify resources year following the required to undertake the review, completion of the management plan as needed so that resource requirements can be addressed in the parties’ budgets for the following year(s) TH, Yukon Review the management plan identifying any In accordance with the proposed amendments of the management plan. terms of reference and no later than ten years after the initial approval If amendments are proposed: TH, Yukon Refer proposed amendments to the management As necessary plan to the Yukon Heritage Resources Board. 187 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon Consider any recommendations from the Yukon As necessary Heritage Resources Board in the review. Planning Assumptions 1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required. 2. The terms of reference discussions will identify timelines, budgetary and other resources required and each party’s participation in carrying out the review. 188 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Management and implementation of the approved management plan for Forty Mile, Fort Cudahy and Fort Constantine Historic Site RESPONSIBLE TH, Yukon PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule A 5.1 The Tr’ondëk Hwëch’in and the Yukon shall manage Forty Mile, Fort Cudahy and Fort Constantine in accordance with the Historic Resources Act, S.Y. 1991, c.8, and the approved management plan. 5.2 Prior to approval of the management plan pursuant to 4.0, the Tr’ondëk Hwëch’in and the Yukon shall manage Forty Mile, Fort Cudahy and Fort Constantine in a manner consistent with the principles set out in 3.5. CROSS REFERENCED CLAUSES: Chapter 13 Schedule A 3.5, 4.0 Responsibility Activities Timing TH, Yukon Manage Forty Mile, Fort Cudahy and Fort Prior to the approval Constantine Historic Site in a manner consistent of the management with the principles set out in 3.5. plan TH, Yukon Manage Forty Mile, Fort Cudahy and Fort After approval of the Constantine Historic Site in accordance with the management plan Historic Resources Act, S.Y. 1991, c. 8 and the approved management plan. 189 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of Tr’o-ju-wech’in Heritage Site RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 1.1 Parcel S-21 1BID described as “Tr’o-ju-wech’in Heritage Site” on the Reference Plan of Dawson, in Appendix B - Maps, which forms a separate volume to this Agreement, is hereby recognized and established as a Heritage Site to be known as the Tr’o-ju-wech’in Heritage Site (the “Site”). 1.2 The Tr’ondëk Hwëch’in may apply for consideration of the Site pursuant to the Historic Sites and Monuments Act, R.S.C. 1985, c. H-6, the Historic Resources Act, S.Y. 1991, c. 8, or any other appropriate Legislation. 7.3 Canada shall prohibit entry on the Site for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw the Site from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7 and prohibit the issuance of interests under the Canada Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 in the Site. 7.3.1 No one may carry out any activities related to the exploration or production of Oil and Gas in the Site. 7.3.2 No one may explore for coal or stake for coal in the Site. 7.3.3 For the purposes of 7.3, the Site shall include (a) Lot 21, Block 2, Plan 8338A CLSR, Klondike Addition; and (b) South half of Lot 7, Block 5, Plan 8338A CLSR, Klondike Addition. CROSS REFERENCED CLAUSES: 13.4.6.2; Chapter 13 Schedule B 3.8 190 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Prohibit entry on the Site for the purpose of By the Effective Date locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3; prohibit the issuance of interests under the Canada Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 in the Site; and withdraw the Site from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7. Canada Notify other Parties of prohibition and As soon as practicable withdrawal. after prohibition and withdrawal TH At discretion, apply for consideration of the site As necessary pursuant to the National Historic Sites Act, R.S.C. 1985, c. H-6, the Historic Resources Act, S.Y. 1991, c. 8, or any other appropriate Legislation Planning Assumption 1. The Department of Canadian Heritage will assume the lead role for Canada. 191 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of the Review and the Management plan for Tr’o-ju-wech’in Heritage Site RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT: Yukon Heritage Resources Board LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 3.1 A steering committee (the “Steering Committee”) shall be established to direct and oversee: 3.1.1 a review of the cultural values associated with the Site, including preparation of a history and an assessment of the archaeological and historic resources of the Site (the “Review”); and 3.1.2 preparation of a management plan (the “Management Plan”) for the Site based upon the Review. 3.2 The Steering Committee shall initially be comprised of five members, of whom three shall be nominated by the Tr’ondëk Hwëch’in, one shall be nominated by Yukon and one shall be nominated by Canada. 3.3 Upon completion of the Review, the Steering Committee may, by consensus among its members, nominate additional members to facilitate cooperation and coordination among other organizations with an interest in the historic and cultural values of the Site. 3.4 The Steering Committee shall make best efforts to complete the Review within two years of the Effective Date of this Agreement and to recommend a draft Management Plan to the Tr’ondëk Hwëch’in and Canada within three years of completion of the Review. 3.5 The preparation of the Management Plan shall include a process for public consultation. 3.6 Yukon shall contribute towards preparation of the Review, under the direction of the Steering Committee and within the time frame set out in 3.4, by taking a lead role in conducting those portions of the Review relating to the archaeological and historic resources assessment of the Site, and in the course of such work shall ensure that training opportunities are provided to the Tr’ondëk Hwëch’in. 192 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 3.7 Canada shall contribute towards preparation of the Review, under the direction of the Steering Committee and within the time frames set out in 3.4, by taking a lead role in conducting those portions of the Review relating to preparation of a history and the identification of cultural values associated with the Site, and in the course of such work shall ensure that training opportunities are provided to the Tr’ondëk Hwëch’in. 3.8 Canada shall, under the direction of the Steering Committee and within the time frames set out in 3.4, take a lead role in the preparation of the Management Plan, and in the course of such work shall ensure that training opportunities are provided to the Tr’ondëk Hwëch’in. If the Site or any part of it is recognized as a National Historic Site pursuant to the Historic Sites and Monuments Act, R.S.C. 1985, c. H-6, the Department of Canadian Heritage, Parks Canada shall continue to work cooperatively with the Tr’ondëk Hwëch’in on the protection and presentation of the Site. 3.9 The Steering Committee may refer the draft Management Plan to the Yukon Heritage Resources Board for its review and recommendations. 5.1 The Tr’ondëk Hwëch’in and Canada shall jointly approve the Management Plan. 5.2 Within 90 days of receipt of a draft Management Plan, the Tr’ondëk Hwëch’in and Canada shall each decide whether to accept, vary or set aside the provisions set out therein. 5.3 The Tr’ondëk Hwëch’in and Canada shall jointly review their decisions under 5.2 and shall make reasonable efforts to reach a consensus as to the provisions to be included in the Management Plan. 5.4 If the Tr’ondëk Hwëch’in and Canada are unable to reach a consensus under 5.3, either may refer the matter to dispute resolution under 26.3.0. 5.4.1 Nothing in this schedule shall be construed to confer upon an arbitrator appointed pursuant to 5.4, any power to determine financial or other resources to be provided in connection with the Site by the Tr’ondëk Hwëch’in, Canada or the Yukon. CROSS REFERENCED CLAUSES: Chapter 13 Schedule 4.0 (all); 26.3.0 (all) 193 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon, Establish the steering committee comprised of Within 6 months of the Canada three members nominated by the TH, one Effective Date or as member nominated by Yukon and one member soon thereafter as the nominated by Canada. parties agree is reasonable Steering Prepare a draft workplan for completion of the As soon as practicable committee review pursuant to 3.1.1. The workplan shall after establishment of identify the contribution of the Yukon pursuant the steering committee to 3.6 and the contribution of Canada pursuant to 3.7. The draft workplan will also identify the process for ensuring that training opportunities are provided to the TH. Forward the draft workplan to the Parties. TH, Yukon Jointly review Yukon’s contribution towards the As soon as practicable preparation of the review as set out in the draft workplan and the process for ensuring that training opportunities are provided to TH pursuant to 3.6. Provide response to the Steering Committee on draft workplan. TH, Canada Jointly review Canada’s contribution towards the As soon as practicable preparation of the review as set out in the draft workplan and the process for ensuring that training opportunities are provided to TH pursuant to 3.7. Provide response to the Steering Committee on draft workplan. Steering Complete workplan for completion of the review As soon as practicable Committee pursuant to 3.1.1 after taking into consideration after receiving the views of the Parties. response from the parties Steering Direct and oversee the completion of the Review. Best efforts within 2 Committee years of the Effective Date Steering With consensus of its members and at discretion, Upon completion of Committee nominate additional members pursuant to 3.3. the review Forward nomination of additional members to the Parties. 194 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon, Review the nominations and, if consensus is Upon receipt of Canada reached between the Parties, appoint the additional nominations additional members put forward by the Steering by the Steering Committee. Committee Steering Prepare a workplan for development of the As soon as practicable Committee Management Plan including the role of Canada after the completion of pursuant to 3.8 and including a process for public the Review consultation. Steering Direct and oversee the completion of the draft Best efforts within 3 committee Management Plan and recommend to TH and years of the Canada. At discretion, forward proposed completion of the Management Plan to the Yukon Heritage Review Resources Board for its review and recommendations. TH, Canada Each evaluate proposed Management Plan and Within 90 days of determine whether to accept, vary or set aside the receipt of draft provisions. Management Plan TH, Canada Jointly review their decisions under 5.2 and make As soon as practicable reasonable efforts to reach consensus as to the after evaluation under provisions to be included in the Management 5.2 is completed Plan. TH or Canada If the parties are unable to agree upon the As necessary provisions of the Management Plan, refer the matter to dispute resolution under 26.3.0. Planning Assumptions 1. The workplan discussions will identify timelines, budgetary and other resources required and each party’s participation in the Review and the process of developing the Management Plan. 2. Each Party shall be responsible for appointing its nominees to the Steering Committee. 3. The Department of Canadian Heritage will assume the lead role for Canada. 195 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Review of the Tr’o-ju-wech’in Heritage Site Management Plan RESPONSIBLE TH, Canada PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 5.5 The Tr’ondëk Hwëch’in and Canada shall jointly review the Management Plan no later than five years after its approval and no later than every 10 years thereafter. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH, Canada Establish terms of reference for a joint review of In or before the fifth the Management Plan, and identify resources year following the required to undertake the review, completion of the Management Plan as needed so that resource requirements can be addressed in the parties’ budgets for the following year(s) TH, Canada Review the Management Plan. In accordance with the terms of reference and no later than five years after the initial approval and no later than every ten years thereafter Planning Assumptions 1. This cycle of activities will repeat for all subsequent reviews, adjusting timing as required. 2. The terms of reference discussions will identify timelines, budgetary and other resources required and each party’s participation in carrying out the review. 3. The Department of Canadian Heritage will assume the lead role for Canada. 196 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Management and implementation of the approved Management Plan for Tr’o-ju wech’in Heritage Site RESPONSIBLE TH PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 6.1 The Tr’ondëk Hwëch’in shall manage the Site in accordance with the approved Management Plan. 6.2 Prior to the approval of the Management Plan pursuant to 5.0, the Tr’ondëk Hwëch’in shall manage the Site in a manner consistent with the objectives set out in 2.0 and the principles set out in 4.1. CROSS REFERENCED CLAUSES: Chapter 13 Schedule B 2.0, 4.1, 6.3, 6.4 Responsibility Activities Timing TH Manage the Site in a manner consistent with the Prior to the approval of objectives set out in 2.0 and the principles set out the Management Plan in 4.1. TH Manage the Site in accordance with the approved After approval of the Management Plan. Management Plan 197 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Restrictions on the ability of TH to dispose of any of the Tr’o-ju-wech’in Heritage Site RESPONSIBLE TH, Canada PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 7.1 The Tr’ondëk Hwëch’in shall not transfer, assign, encumber or otherwise dispose of the Site without the prior consent of Canada. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH If proposing to transfer, assign, encumber or As necessary otherwise dispose of the Site, seek consent from Canada. Provide details, in writing. Canada Review TH’s request and grant or deny consent. As soon as practicable after receiving request TH If Canada’s consent is granted, at discretion, As necessary dispose of the Site. Planning Assumption 1. The Department of Canadian Heritage will assume the lead role for Canada. 198 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: TH granting of leases and licenses of occupation of the Tr’o-ju-wech’in Heritage Site (“Site”) RESPONSIBLE TH PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 7.2 The Tr’ondëk Hwëch’in may grant leases and licences of occupation of the Site consistent with the Management Plan or, in the absence of a Management Plan, with the objectives set out in 2.0 and the principles set out in 4.1. CROSS REFERENCED CLAUSES: Chapter 13 Schedule B 2.0,4.1 Responsibility Activities Timing TH At discretion, grant leases and licenses of As necessary occupation of the Site consistent with the Management Plan. 199 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiate and conclude a taxation agreement in respect of the Tr’o-ju-wech’in Heritage Site RESPONSIBLE TH, Yukon PARTY: PARTICIPANT/ Canada LIAISON: OBLIGATIONS ADDRESSED: Chapter 13 Schedule B 8.1 The Site, including all improvements made to the Site for the purpose of achieving the objectives set out in 2.1 and 2.2 of this schedule, shall be exempt from Property Taxes for a period of 5 years from the Effective Date of this Agreement or until the Management Plan is approved pursuant to 5.0 of this schedule, whichever occurs earlier. 8.2 The purpose of the exemption from Property Taxes set out in 8.1 is to provide the Tr’ondëk Hwëch’in and the Yukon with an opportunity to negotiate and conclude a taxation agreement in respect of the Site as provided for in 14.0 of the Tr’ondëk Hwëch’in Self-Government Agreement. 8.3 The exemption from Property Taxes provided for in 8.1 shall not apply to any part of the Site used for: 8.3.1 commercial purposes; 8.3.2 residential purposes; or 8.3.3 any other purpose not directly related to the objectives set out in 2.1 and 2.2 of this schedule. CROSS REFERENCED CLAUSES: Chapter 13 Schedule B 2.1. 2.2, THSGA 14.0 Responsibility Activities Timing TH Notify Yukon and Canada of desire to negotiate At discretion and conclude a taxation agreement in respect of the Tr’o-ju-wech’in Heritage Site TH, Yukon, Prepare workplan identifying time lines and Within 60 days after Canada resources for negotiations. negotiation, or as soon thereafter as the parties agree is reasonable 200 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Provide funding as agreed to in the workplan. Within 60 days after workplan completion, or as soon thereafter as the parties agree is reasonable Yukon, TH Negotiate taxation agreement in respect of In accordance with the Tr’o-ju-wech’in. workplan PLANNING ASSUMPTIONS 1. Pursuant to 3.6 of the THSGA Plan, Canada shall provide a negotiated level of funding for the participation of the TH in taxation agreement negotiations. This funding shall be set out in a budget identified in the workplan negotiated with Canada prior to the negotiations. 2. Canada shall provide to Yukon a level of funding to be negotiated by Canada and Yukon to support Yukon’s participation in the negotiation of the taxation agreements contemplated by the THSGA. 201 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Renewal or replacement of Water Licences RESPONSIBLE TH PARTY: PARTICIPANT / Yukon Water Board LIAISON: 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 Responsibility Activities Timing Yukon Water Provide written notice to TH that a licence holder Upon receipt of Board has applied for a renewal or replacement of a application licence with a term of five years or more for Water on or flowing through TH Settlement Land. TH Review notice and prepare and present views to Within timeframe the Yukon Water Board on terms and conditions provided by the Yukon which should be attached to the replacement or Water Board or as renewal to protect TH interests. stipulated in legislation Planning Assumption 1. It is expected that the Yukon Water Board is aware of its obligation pursuant to this provision. 202 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access to Settlement Land -- With consent for exercise of a Water right RESPONSIBLE TH PARTY: PARTICIPANT / Person seeking access, Surface Rights Board LIAISON: 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) Responsibility Activities Timing TH Receive request for access to Settlement Land to After the Effective exercise a right to use Water granted under 14.7.1 Date or 14.7.3. TH Determine whether or not access will be granted Upon request and set terms and conditions of access if appropriate. TH Notify applicant of decision. Within a reasonable time TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 203 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Compensation payable in relation to Licences existing on the date that land became Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT/ Holder of Water Licence, Yukon Water Board LIAISON: 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) Responsibility Activities Timing TH At discretion, negotiate agreement with After three years from the Licence holder. Effective Date TH At discretion, apply to Yukon Water If no agreement is reached Board for determination or compensation related to any Licence described in activity 14.7.3. 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. 204 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Shared drainage basin agreements RESPONSIBLE Canada PARTY: PARTICIPANT / TH, Yukon, Government of the Northwest Territories, Government of LIAISON: British Columbia, Government of Alaska 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 Responsibility Activities Timing Government Identify jurisdictions which share drainage basins As soon as practicable with Yukon; notify TH. Government Contact identified jurisdictions and attempt to As practicable initiate discussions on Water management agreements. If agreement to negotiate is reached with other jurisdictions: notify TH that Government is formulating positions on Water management in a specified shared drainage basin and provide relevant information. TH Review information and prepare and present Within reasonable time views to Government. provided by Government 205 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Provide full and fair consideration to views Prior to finalizing presented and integrate views into Government Government position position as practicable. 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. 206 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation for Yukon Water Board proceedings with respect to compensation matters RESPONSIBLE TH, Yukon Indian Person PARTY: PARTICIPANT / Yukon Water Board LIAISON: OBLIGATIONS ADDRESSED: 14.12.1 Compensation to be paid to a Yukon First Nation or a Yukon Indian Person pursuant to this chapter shall only be for provable loss or damage to the Yukon First Nation or Yukon Indian Person. 14.12.2 The amount and terms of compensation set out in 14.12.1 shall be determined by the Board. CROSS REFERENCED CLAUSES: 14.8.1, 14.9.2, 14.12.3 (all), 14.12.4, 14.12.5 (all), 14.12.6 (all), 14.12.7, 14.12.8, 14.12.9, 14.12.10 Responsibility Activities Timing TH, Yukon Prepare for proceedings of the Yukon Water As necessary Indian Person Board, including, as appropriate, the preparation of documentation and other information to be presented to the Yukon Water Board in support of the application for compensation and participate in those proceedings. 207 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Survey of Settlement Land boundaries RESPONSIBLE Canada PARTY: PARTICIPANT / Settlement Land Committees (“SLC”), Yukon, TH, CYI, Land Titles LIAISON: Office OBLIGATIONS ADDRESSED: 15.2.1 The boundaries of Settlement Land shall be surveyed in accordance with the instructions of the Surveyor General and dealt with by an official plan confirmed pursuant to the Canada Lands Surveys Act, R.S.C. 1985, c. L-6. 15.2.3 Standards of accuracy, techniques and specifications for the survey of Settlement Land shall be in accordance with the Manual of Instructions for the Survey of Canada Lands and other general or specific instructions issued by the Surveyor General from time to time. 15.2.4 The Surveyor General shall have the discretion to adjust boundaries of Settlement Land in order to reduce survey costs, subject to agreement of the Settlement Land Committee. 15.2.5 The Surveyor General has statutory responsibility for and control over all legal surveys arising out of Settlement Agreements. 15.2.9 Final decisions and ultimate responsibility concerning survey of Settlement Land rests with Canada and such decisions shall be taken in Consultation with the Yukon and the Council for Yukon Indians. CROSS REFERENCED CLAUSES: 5.3.2, 5.3.3, 15.2.6, 15.2.7, 15.2.8, 15.2.10, 15.3.4 (all), 15.4.2, 15.4.2.1, 15.4.3, 15.7.1, 22.3.4 Responsibility Activities Timing Canada, TH Establish a working group to address the design After receipt of of the annual survey programs, based on priorities information from SLC established by the SLCs, with a specific goal of improving access to economic opportunities for TH, and the general goal of increasing and improving TH involvement in the entire survey process. Canada Prepare and present a draft of the annual survey Following working programs to TH. group discussions 208 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Review and make recommendations on the draft. Within a reasonable time indicated by Canada Canada Design and provide copy of the annual survey As soon as practicable programs to Yukon and SLC. Canada Prepare survey instructions consistent with As soon as practicable 15.2.1. Canada Tender survey contracts consistent with 15.7.1 and 22.3.4. Canada Ensure surveys are in accordance with the standards of the Manual of Instructions for the Survey of Canada Lands and other general or specific instructions issued by the Surveyor General from time to time. Canada Notify SLC that boundary requires adjustment to As required reduce survey cost. SLC Review proposal to adjust. As soon as practicable upon receipt of notice Canada Consult with CYI and Yukon in accordance with If consent of the SLC 15.2.9. is not granted Canada Make decision regarding adjustment of the If consent of the SLC boundary. is granted Canada Notify TH, SLC, CYI and Yukon of decision. As appropriate Canada Receive survey results from contractor, examine Upon completion of results, and forward results to SLC for review. survey 209 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. Natural Resources Canada will assume the lead role for Canada. 2. Unless otherwise agreed by the parties, working group discussions pursuant to 15.2.1 shall take place in Whitehorse. 210 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Use and enjoyment of Settlement Land by Yukon Indian People prior to completion of surveys RESPONSIBLE Settlement Land Committee (“SLC”), Government PARTY: PARTICIPANT / Yukon Indian People, TH LIAISON: OBLIGATIONS ADDRESSED: 15.3.6 To the extent practicable, between the Effective Date of each Yukon First Nation Final Agreement and the date of confirmation of a plan of survey of any particular Parcel of Settlement Land or Site Specific Settlement Land, Yukon Indian People shall not be precluded from the interim use and enjoyment of that Parcel by reason only that a plan of survey of that Parcel has not been confirmed. 15.3.7 During the period described in 15.3.6: 15.3.7.1 each Settlement Land Committee shall receive requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People; 15.3.7.2 each Settlement Land Committee shall determine whether it is practicable to give effect to such requests and shall recommend to Canada or the Yukon, as the case may be, that it take such steps as the Committee considers appropriate; and 15.3.7.3 Government undertakes to take such steps as it considers practicable to give effect to the recommendations of the Settlement Land Committee. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing SLC Receive request relating to the use and enjoyment Upon request by of Proposed Site Specific Settlement Land by Yukon Indian Person Yukon Indian Person. Determine whether it is practicable to give effect to the request and make recommendations to Government. 211 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Take steps as it considers practicable to give Upon receipt of effect to a recommendation from the SLC recommendation respecting a request for use and enjoyment of Settlement Land. Government Inform the SLC, Yukon Indian Person and TH of As soon as practicable, any aspects of the recommendation that could not if Government is be given effect and indicate reasons. unable to give effect to all or a part of the recommendation 212 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Resolving disputes regarding identification and selection of Site Specific Settlement Land and determination of priorities for survey of Settlement Land RESPONSIBLE Canada, Settlement Land Committee (“SLC”), Yukon, TH PARTY: PARTICIPANT / None identified LIAISON: OBLIGATIONS ADDRESSED: 15.3.8 Where a Settlement Land Committee does not reach agreement under 15.3.4.1 or 15.3.4.2, Government, the affected Yukon First Nation or the Committee may refer the matter to the dispute resolution process under 26.3.0. 15.3.9 Where the dispute arises under 15.3.4.1, the arbitrator shall select either the final position proposed by Government or the final position proposed by the affected Yukon First Nation. CROSS REFERENCED CLAUSES: 15.3.4 (all), 15.3.5 (all), 15.4.5, 26.3.0 (all) Responsibility Activities Timing Canada, Yukon, If SLC does not reach agreement, at discretion As necessary SLC or TH refer dispute regarding identification of site specific settlement parcel (15.3.4.1) to dispute resolution process. Arbitrator Resolve dispute pursuant to 15.3.4.1 by selecting As required either final position proposed by Government or the final position proposed by the TH. Canada, Yukon, If SLC does not reach agreement, at discretion, As necessary SLC or TH refer dispute regarding priorities for survey of all Settlement Land (15.3.4.2) to dispute resolution process. Planning Assumption 1. In the case of a disagreement, best efforts will be made to resolve issues prior to a referral to dispute resolution. 213 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Approval of survey plans RESPONSIBLE Canada, TH, Settlement Land Committee (“SLC”) PARTY: PARTICIPANT / Yukon, Land Titles Office (“LTO”) LIAISON: OBLIGATIONS ADDRESSED: 15.6.6 Prior to the confirmation of an official plan by the Surveyor General or the approval of an administrative or explanatory plan, written approval from the Yukon First Nation shall be obtained by the Settlement Land Committee to ensure that the Yukon First Nation is satisfied that the Parcel as surveyed conforms either to the area originally selected or as modified by the Surveyor General pursuant to 15.2.4 and 15.6.1. The plan and a copy of the surveyor’s report shall be reviewed by the Settlement Land Committee for conformance with the original land selection before recommending it to the Yukon First Nation. 15.6.7 If the Yukon First Nation rejects the recommendation by the Settlement Land Committee, the disagreement shall be referred to the dispute resolution process under 26.3.0, and the Surveyor General or his representative shall have standing as a party to the dispute. The resulting decision may direct that the costs of a resurvey be borne by one or more of the parties to the dispute. 15.6.8 After resolution of any disagreement pursuant to 15.6.7, the plan shall be returned directly to the Surveyor General for confirmation. CROSS REFERENCED CLAUSES: 5.2.3, 5.2.4, 5.5.1, 5.5.1.4, 15.2.4, 15.6.1, 26.3.0 (all) Responsibility Activities Timing Canada Review plans with SLC to verify conformity to As soon as practicable selections. upon completion of surveys SLC Review plan and surveyor’s report for conformity Prior to making with original land selection. recommendation to TH SLC If the plan conforms in the view of the SLC, As soon as practicable recommend plan to TH and seek written approval after review by Canada of plan from TH. 214 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Review plan to ensure that the parcels depicted As soon as practicable conform to the area selected. TH If the plan conforms, accept the recommendation After reviewing the of the SLC and provide written approval to the plan SLC. If accepted Canada Register the plan in Canada Lands Survey As soon as practicable Records. Canada Deposit official plan in the LTO and in land Upon confirmation registry system established by the TH. If not accepted: TH Refer the dispute to the dispute resolution process As soon as practicable under 26.3.0. Canada Resurvey if required, in accordance with the As soon as practicable Chapter. Canada Return the plan to the Surveyor General for Upon acceptance of the confirmation pursuant to 15.6.6. plan or after any dispute is resolved Canada Register the plan in Canada Lands Survey As soon as practicable Records. Canada Deposit official plan in the LTO and in land Upon confirmation registry system established by the TH. Planning Assumption 1. Natural Resources Canada will assume the lead role for Canada. 215 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Employment and economic opportunities -- Surveying RESPONSIBLE Canada PARTY: PARTICIPANT / TH LIAISON: OBLIGATIONS ADDRESSED: 15.7.1.1 In evaluating any competitive proposal, bid or tender for the survey of Tr’ondëk Hwëch’in Settlement Land, Government shall include among the factors for consideration, employment of Tr’ondëk Huch’in, Tr’ondëk Hwëch’in and Tr’ondëk Huch’in ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm. 15.7.1.2 The Tr’ondëk Hwëch’in and Government shall ensure that qualifications and experience requirements for employment of Tr’ondëk Huch’in in the surveying of Tr’ondëk Hwëch’in Settlement Land shall be established at levels appropriate to the nature of the tasks being performed in that employment, and shall take into account the local knowledge of Tr’ondëk Huch’in. 15.7.1.3 Qualified Tr’ondëk Huch’in shall have first priority for employment in the surveying of Tr’ondëk Hwëch’in Settlement Land on the same terms and conditions that such employment would be offered to any other person with the appropriate qualifications and experience. 15.7.1.4 Nothing in 15.7.1.1 shall be construed to mean that the criteria for employment of Tr’ondëk Huch’in, or for Tr’ondëk Hwëch’in and Tr’ondëk Huch’in ownership or equity investment shall be the determining criteria in the award of any contract. CROSS REFERENCED CLAUSES: 15.2.5, 15.7.2, 22.3.1 216 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada and TH Establish working group to discuss the Within six months of development of criteria to be used in the the Effective Date, or evaluation of competitive proposals, bids or as otherwise agreed by tenders for survey of TH Settlement Land which the parties may include: criteria regarding Tr’ondëk Huch’in employment; criteria regarding Tr’ondëk Huch’in and TH ownership or equity investment; criteria regarding qualifications and experience requirements at levels appropriate to the nature of tasks being performed taking into account the local knowledge of Tr’ondëk Huch’in; and criteria to ensure that Tr’ondëk Huch’in and Tr’ondëk Huch’in businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. Working group Prepare and present a draft copy of the criteria to In sufficient time for TH and Canada. Canada and TH to review and make recommendations TH, Canada Review and make recommendations on the In sufficient time for criteria to the working group. working group to consider recommendations and provide draft to Canada Working group Consider recommendations and provide final Within a reasonable draft to Canada. time indicated by Canada Canada Finalize criteria and provide copy of criteria to As soon as practicable TH. 217 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Ensure proposals include a TH involvement plan As practicable which may address the following issues: documentation indicating that Tr’ondëk Huch’in and Tr’ondëk Huch’in businesses were given first consideration in providing technical and support services associated with the contract; a list of names of personnel to be hired or the proposed method of hiring; previous work experience with Yukon First Nations and other First Nation organizations; and any proposals for training Tr’ondëk Huch’in in surveying. Planning group Set out the agreed upon qualifications and Prior to completion of preparing experience appropriate for survey in the economic economic development economic development opportunities plan prepared pursuant opportunities plan development to 22.3.1. opportunities plan Planning Assumptions 1. Natural Resources Canada (“NRCan”) will assume the lead role for Canada. 2. NRCan and TH have agreed that the technical evaluation committee established to evaluate proposals will include a representative of the Ill. 3. Unless otherwise agreed by the parties, working group discussions pursuant to 15.7.1.1 shall take place in Whitehorse. 218 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Administration of survey contracts RESPONSIBLE Canada, TH PARTY: PARTICIPANT / Yukon Indian People LIAISON: OBLIGATIONS ADDRESSED: 15.7.2 Where economic opportunities and benefits are associated with the survey of Settlement Land, Yukon First Nations shall have access to these opportunities and benefits. Any contract issued for the survey of Settlement Land shall contain the condition that Yukon Indian People and Yukon First Nation businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Yukon First Nation businesses and Yukon Indian People interested in providing such services to potential contractors for such surveys of a Yukon First Nation’s Settlement Land shall be included with all requests for proposals, and documentary proof the Yukon First Nation’s businesses and Yukon Indian People were given first consideration shall form part of a contractor’s proposal. CROSS REFERENCED CLAUSES: 22.5.4, 22.5.6, 22.5.8, 22.5.9 Responsibility Activities Timing TH, Canada Develop arrangements and procedures including Within 6 months of the contacts, timelines, and information requirements Effective Date unless to facilitate the administration of survey otherwise agreed by the contracts. parties Canada Prepare contracts for the survey of Settlement As required Land and include the condition that Yukon Indian People and TH businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. 219 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Include list of TH businesses and Yukon Indian When issuing requests People interested in providing such services to for proposals potential contractors for such surveys of TH Settlement Land with all requests for proposals, and require documentary proof that TH businesses and Yukon Indian People were given first consideration. Canada In assessing survey proposals, confirm that the As required documentary proof forms part of the contractors’s proposal. Provide copy of documentary proof to TH. Planning Assumption 1. Natural Resources Canada will assume the lead role for Canada. 220 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH prior to imposition of a limitation pursuant to 16.3.3 in Legislation RESPONSIBLE Government PARTY: PARTICIPANT / TH, other affected YFNs LIAISON: OBLIGATIONS ADDRESSED: 16.3.3 The exercise of rights under this chapter is subject to limitations provided for elsewhere in Settlement Agreements and to limitations provided in Legislation enacted for purposes of Conservation, public health or public safety. 16.3.3.2 Government shall Consult with the affected Yukon First Nation before imposing a limitation pursuant to 16.3.3. CROSS REFERENCED CLAUSES: 16.3.2, 16.3.3.1, 16.3.9, 16.3.10, 16.5.4, 16.6.9, 16.6.10 (all), 16.7.12.7, 16.7.16 Responsibility Activities Timing Government, Provide notice of possible need to impose a Within reasonable time TH limitation pursuant to 16.3.3.1. Develop prior to Consultation arrangements and procedures for Consultation identifying contacts, timelines, general information guidelines and any other information required by the parties. Government Provide details of the issue and of the proposed Following limitation pursuant to 16.3.3.1 to TH and other establishment of affected YFNs. arrangements and procedures for Consultation TH Prepare and present views on proposed limitation. Within a reasonable period of time as set out in the arrangements and procedures Government Provide full and fair consideration of views Before imposing a presented. limitation Government Notify TH of decision. After decision made 221 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Representation of the interests of TH and other affected YFNs in international negotiations involving Fish and Wildlife management issues RESPONSIBLE Canada PARTY: PARTICIPANT / TH and other affected YFNs LIAISON: OBLIGATIONS ADDRESSED: 16.3.5 Canada shall make reasonable efforts to ensure that when issues involving Fish and Wildlife management arise in international negotiations, the interests of affected Yukon First Nations are represented. CROSS REFERENCED CLAUSES: 16.5.4 Responsibility Activities Timing Canada Notify TH and other affected YFNs of Fish and Prior to the Wildlife management issues in international negotiations or as negotiations. Provide background information on issues arise the subject and request input from YFNs with respect to their interests. TH and other Provide response for consideration by Canada. Within timeframe affected YFNs established by Canada Canada Negotiate the issues, making reasonable efforts to As required represent the interests of TH and other affected YFNs. Planning Assumption 1. Canada, where practicable, will liaise with a number of public fish and wildlife management structures, depending on the subject matter, including: Renewable Resources Councils, Fish and Wildlife Management Board, Salmon-Sub Committee, Wildlife Management Advisory Council (North Slope), Porcupine Caribou Management Board and others. 222 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Amendments to Game Export Act RESPONSIBLE Canada PARTY: PARTICIPANT/ Yukon, TH LIAISON: OBLIGATIONS ADDRESSED: 16.3.7 Government shall make best efforts to amend the Game Export Act, R.S.C. 1985, c. 0-1 to enable the transport of Wildlife products for traditional noncommercial purposes across borders with Alaska, British Columbia and the Northwest Territories. 16.3.8 No tax, duty or such other fees or royalties shall be imposed by Government in respect of the export of Wildlife products under 16.3.7. CROSS REFERENCED CLAUSES: 16.7.16 Responsibility Activities Timing Canada Forward copy of Wild Animal and Plant As soon as practicable Protection and Regulation of International and Interprovincial Trade Act (“WAPPRIITA”) and regulations to YFNs and Yukon. Canada, Yukon, Review WAPPRIITA and regulations to After receipt of TH determine if they comply with requirements of WAPPRIITA and 16.3.7. regulations Canada Consult with TH and Yukon for the purpose of determining whether further amendments are required. Canada If further amendments are needed, make best As soon as practicable efforts to amend legislation pursuant to 16.3.7. 223 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, R.S.C. 1992, c.52 was assented to by Parliament on December 17, 1992 and was proclaimed with regulations on May 14, 1996. This Act repeals the Game Export Act R.S.C. 1985, c. 0-1 and allows the Governor in Council to make regulations under section 21 with respect to circumstances in which persons may be exempted from holding permits and on a number of other issues. 224 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Coordinated Fish and Wildlife population management in and outside of National Parks RESPONSIBLE Canada, Yukon, TH, Fish and Wildlife Management Board (“FWMB”), PARTY: Dawson District Renewable Resources Council (“RRC”) PARTICIPANT / None identified LIAISON: OBLIGATIONS ADDRESSED: 16.3.14.1 The responsible agencies, the Board and the Councils shall make best efforts to coordinate the management of Fish and Wildlife populations which cross a boundary of a National Park. CROSS REFERENCED CLAUSES: 16.3.14, 16.3.15 Responsibility Activities Timing Canada, Yukon, Discuss appropriate protocol for coordination of As soon as practicable TH, FWMB, the management of Fish and Wildlife populations after the establishment RRC, which cross the boundary of a National Park. of a National Park in or responsible adjacent to TH agencies Traditional Territory 225 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Provision of proof in relation to Harvesting rights RESPONSIBLE TH PARTY: PARTICIPANT / Canada, Yukon LIAISON: OBLIGATIONS ADDRESSED: 16.4.7 A Yukon First Nation shall provide to a Yukon Indian Person proof that the Yukon Indian Person is enrolled in that Yukon First Nation’s Final Agreement, has been given consent under 16.4.2 or has been allocated a Harvesting opportunity pursuant to a Basic Needs Level allocation for Wildlife or a basic needs allocation of Salmon, as the case may be. CROSS REFERENCED CLAUSES: 16.4.2 (all), 16.4.8, 16.4.9, 16.5.1.1 Responsibility Activities Timing TH Provide proof to each TH citizen with respect to As soon as practicable their enrollment in the THFA. Provide Canada and Yukon with a sample of the As soon as practicable proof of enrollment. after the proof of enrollment document is developed TH Provide proof to each Yukon Indian Person who As soon as practicable has been given consent under 16.4.2 or has been allocated a Basic Needs Level allocation. Provide Canada and Yukon with a sample of the As soon as practicable proof provided. after the proof of harvesting rights document/form is developed 226 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with TH before taking action on Fish and Wildlife matters affecting TH management responsibilities or exercise of Harvesting rights RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 16.5.4 Government shall Consult with a Yukon First Nation prior to taking action on Fish or Wildlife matters which may affect the Yukon First Nation’s management responsibilities or the exercise of Harvesting rights under a Settlement Agreement of Yukon Indian People enrolled under that Yukon First Nation Final Agreement. CROSS REFERENCED CLAUSES: 16.3.3.2, 16.5.1 Responsibility Activities Timing Government Notify and provide details to TH of proposed As required action on a Fish and Wildlife matter which may affect TH. TH Prepare and present views to Government Within reasonable time regarding proposed action. indicated by Government Government Provide full and fair consideration of views Prior to action being presented. Inform TH of action to be taken. taken 227 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Nomination of alternate members to the Dawson District Renewable Resources Council (“RRC”) RESPONSIBLE TH, Minister PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.6.2.1 The Minister and the Tr’ondëk Hwëch’in may each nominate one additional member as an alternate member to the Council. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3; 16.6.2.2, 16.6.2.3, 16.6.4. (all) Responsibility Activities Timing TH Nominate an additional member to RRC as an As necessary alternate, in accordance with the requirements of 16.6.4. Minister Nominate an additional member to RRC as an As necessary alternate, in accordance with the requirements of 16.6.4. Minister Appoint alternate members to RRC. After nominations have been received 228 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Nominations to the Dawson District Renewable Resources Council (“RRC”) RESPONSIBLE TH, Yukon PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.6.4.3 Prior to any appointments being made to the Council, the Minister and the Tr’ondëk Hwëch’in shall make reasonable attempts to reach a consensus as to the individuals which each party nominates to the Council. 16.6.4.4 In attempting to reach consensus under 16.6.4.3, the Minister and the Tr’ondëk Hwëch’in shall consider: (a) any prospective nominee’s familiarity with and sensitivity to the culture and aspirations of the Tr’ondëk Hwëch’in; (b) any prospective nominee’s familiarity with renewable resource issues and, in particular, with the harvesting of renewable resources; (c) any information available as to a prospective nominee’s intention to remain resident in the Traditional Territory of the Tr’ondëk Hwëch’in; (d) the compatibility of proposed nominees; and (e) any other matters to which the Minister and the Tr’ondëk Hwëch’in agree. 16.6.4.5 If, after having made the reasonable attempts required by 16.6.4.3, the Minister and the Tr’ondëk Hwëch’in are unable to reach a consensus, either party may give written notice to the other setting out the names of the individuals which it intends to nominate to the Council and 14 days thereafter may so nominate those individuals. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3; 16.6.4.1, 16.6.4.2, 16.6.2 229 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon Make reasonable efforts to reach a consensus as When making to each party’s nominees to the RRC. nominations to the RRC TH, Yukon If consensus is reached, nominate those As necessary individuals. TH or Yukon If no consensus reached, at discretion, give As necessary written notice to the other party identifying the individuals, which it intends to nominate to the RRC. TH or Yukon At discretion, nominate named individuals. At least 14 days after notice provided 230 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Recommendations regarding approval of proposed game farming, game ranching fur farming, fur ranching and fish farming activities RESPONSIBLE Dawson District Renewable Resources Council (“RRC”) PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 16.6.10 Subject to Yukon First Nation Final Agreements, and without restricting 16.6.9, each Council: 16.6.10.13 shall seek the consent of the Tr’ondëk Hwëch’in before recommending the approval of any proposed: (a) game farming; (b) game ranching; (c) fur farming; (d) fur ranching; or (e) fish farming activities in the Traditional Territory of the Tr’ondëk Hwëch’in; CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3; 16.6.9 Responsibility Activities Timing RRC Seek consent of TH before recommending the As necessary approval of any proposed game farming, game ranching, fur farming, fur ranching, or fish farming activities in TH Traditional Territory. Provide details. TH Review proposal and grant or deny consent. Within a reasonable period of time after RRC’s request 231 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Amendment of Wildlife Act RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH, Renewable Resources Councils (“RRCs”), Fish and Wildlife LIAISON: Management Board (“FWMB”) OBLIGATIONS ADDRESSED: 16.6.13 The Minister shall recommend to the Yukon Legislative Assembly an amendment to the Wildlife Act, R.S.Y. 1986, c.178 to enable the Council to establish bylaws under the Wildlife Act, R.S.Y. 1986, c.178 pursuant to 16.6.10.6. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3; 16.5.4, 16.6.10.6, 16.7.16, 16.11.1 Responsibility Activities Timing Yukon Send details of proposed amendment to TH and As soon as practicable FWMB. TH, FWMB Review request, prepare and present views Within a reasonable regarding proposed amendment. time period indicated by Yukon Yukon Provide full and fair consideration to views Prior to introducing presented and draft amendment. amendment to Yukon Legislative Assembly Yukon Introduce amendment to Yukon Legislative Following approval of Assembly. Send approved Legislation to TH, legislation FWMB and RRCs. 232 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Provision of research results/information to Dawson District Renewable Resources Council (“RRC”) RESPONSIBLE Government, TH PARTY: PARTICIPANT/ RRC LIAISON: OBLIGATIONS ADDRESSED: 16.6.15 Government shall provide Councils with the results of research under 16.6.10.11. 16.6.17 Upon request by the Council, the Minister and the affected Yukon First Nation shall make available to the Council information in their possession reasonably required for the Council to carry out its functions under this chapter. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3; 16.6.10.11 Responsibility Activities Timing Government Provide research results under 16.6.10.11 to As soon as practicable RRC. after Government receives research information Government, Provide RRC with information in their possession Upon request by RRC TH reasonably required for the RRC to carry out its functions under this chapter. 233 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Recommendation to Minister on allocation, in amount and area, of Salmon to users RESPONSIBLE Salmon Sub-Committee (“SSC”) PARTY: PARTICIPANT/ TH, other affected YFNs, Canada LIAISON: OBLIGATIONS ADDRESSED: 16.7.17.12 Without restricting 16.7.17.11, the Sub-Committee: (f) after Consultation with affected Yukon First Nations, shall make recommendations to the Minister on allocation, in amount and by area, of Salmon to users, in accordance with this chapter; and CROSS REFERENCED CLAUSES: 16.7.17.11, 16.8.0 (all), 16.10.5; Chapter 16 Schedule A Responsibility Activities Timing SSC Identify need to vary allocation, in amount and As necessary by area, of Salmon to users, and notify TH and other affected YFNs and Canada. Provide any relevant information. TH and other Review proposal and prepare and present views. Within a reasonable affected YFNs time SSC Provide full and fair consideration to input As required received. SSC Make recommendations to the Minister on As soon as practicable allocation, in amount and by area, of Salmon to users. SSC Notify TH and other affected YFNs of outcome As soon as practicable of recommendations. 234 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The Department of Fisheries and Oceans will assume the lead role for Canada. 235 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Allocation of Total Allowable Harvest for moose, woodland caribou or barrenground caribou from the Forty Mile Caribou Herd. RESPONSIBLE Government, TH PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), LIAISON: Tetlit Gwich’in OBLIGATIONS ADDRESSED: 16.9.1.3 If a Total Allowable Harvest is established for moose for all or part of the Traditional Territory of the Tr’ondëk Hwëch’in, which is outside of the Primary Use Area, Government shall allocate to the Tr’ondëk Hwëch’in either: (a) a portion of the Total Allowable Harvest determined in accordance with Schedule C - Allocation of Total Allowable Harvest for moose, attached to this chapter; or (b) the number of moose required to satisfy the Subsistence needs of Tr’ondëk Huch’in, whichever is less. 16.9.1.4 If a Total Allowable Harvest is established for woodland caribou or barrenground caribou from the Forty Mile Caribou Herd for all or part of the Traditional Territory of the Tr’ondëk Hwëch’in, which is outside of the Primary Use Area, Government shall allocate to the Tr’ondëk Hwëch’in either: (a) 75% of the Total Allowable Harvest; or (b) the number of woodland caribou or barrenground caribou from the Forty Mile Caribou Herd required to satisfy the Subsistence needs of Tr’ondëk Huch’in, whichever is less. 236 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 16.9.1.5 If Government proposes, after Consultation with the Tr’ondëk Hwëch’in and the Council, to allocate a portion of a Total Allowable Harvest for moose or woodland caribou, or for barrenground caribou from the Forty Mile Caribou Herd, in accordance with 16.9.1.3(b) or 16.9.1.4(b), the following shall apply: (a) the Tr’ondëk Hwëch’in shall provide to Government and the Council its assessment of the number of moose or woodland caribou, or barrenground caribou from the Forty Mile Caribou Herd, required to satisfy the Subsistence needs of Tr’ondëk Huch’in; (b) if Government disagrees with the Tr’ondëk Hwëch’in’s assessment pursuant to (a), Government and the Tr’ondëk Hwëch’in shall attempt to agree upon the number of moose or woodland caribou, or barrenground caribou from the Forty Mile Caribou Herd, required to satisfy the Subsistence needs of Tr’ondëk Huch’in, failing which either Government or the Tr’ondëk Hwëch’in may refer the matter to the dispute resolution process under 26.3.0; (c) the following matters shall be included in determining the Subsistence needs of Tr’ondëk Huch’ in for the purposes of 16.9.1.5: (i) the health and nutritional needs of Tr’ondëk Huch’in; (ii) recent and current harvests of the species by Tr’ondëk Huch’in; (iii) the Harvest patterns of Tr’ondëk Huch’in and changes to those patterns; (iv) current personal consumption estimates of the species by Tr’ondëk Huch’in; and (v) such other factors as agreed upon by Government and the Tr’ondëk Hwëch’in. 237 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 16.9.1.7 The Tr’ondëk Hwëch’in may allocate to the Tetlit Gwich’in any part of the Subsistence needs of Tr’ondëk Huch’in established pursuant to 16.9.1.5 in that part of the Traditional Territory of the Tr’ondëk Hwëch’in which is outside of the Primary Use Area and which is not subject to any overlap with the Traditional Territory of another Yukon First Nation. CHAPTER 16 SCHEDULE C ALLOCATION OF TOTAL ALLOWABLE HARVEST FOR MOOSE 1.0 Definitions In this schedule, the following definition shall apply. “Available Harvest in the Traditional Territory” means the total number of moose in the entire Traditional Territory of the Tr’ondëk Hwëch’in which are not required for Conservation. 2.0 Allocation 2.1 When the Available Harvest in the Traditional Territory is as set out in column 1 of the following table, Government shall allocate to the Tr’ondëk Hwëch’in that portion of the Total Allowable Harvest established for moose for all or part of the Traditional Territory of the Tr’ondëk Hwëch’in set out in the corresponding row of column 2. 2.2 In determining the Available Harvest in the Traditional Territory for the purposes of 2.1, Government shall Consult with the Tr’ondëk Hwëch’in and the Council and shall consider scientific research and the special knowledge and experience of Tr’ondëk Huch’in. Column 1 Column 2 Available Harvest in the Traditional Territory Portion of Total Allowable Harvest 50 or more 75% 30 to and including 49 85% 15 to and including 29 90% 1 to and including 14 100% 238 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3; 16.5.4, 16.6.10, 16.6.10.1, 16.6.10.15, 16.7.12.2, 16.7.12.4, 16.8.0 (all), 16.9.1.1, 16.9.2 (all), 26.3.0 (all) Responsibility Activities Timing Government In the event that a Total Allowable Harvest is After Consulting with established for moose and/or woodland caribou TH pursuant to 16.5.4 and/or barrenground caribou from the Forty Mile and establishing the Caribou Herd, allocate moose in accordance with Total Allowable 16.9.1.3(a) and/or woodland caribou and/or Harvest barrenground caribou from the Forty Mile Caribou Herd in accordance with 16.9.1.4(a). OR In the event that Total Allowable Harvest is established for moose and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd and if Government is considering the allocation of moose in accordance with 16.9.1.3(b) and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd in accordance with 16.9.1.4(b): TH, Develop arrangements and procedures for Prior to any Government Consultation regarding the allocation of a Total Consultations Allowable Harvest for moose or woodland regarding the caribou or barrenground caribou from the Forty allocation of a Total Mile Caribou Herd identifying contacts, Allowable Harvest for timelines, general information guidelines and any moose in accordance other information required by TH and with 16.9.1.3(b) or Government. woodland or barrenground caribou in accordance with 16.9.1.4(b) Government Notify TH and RRC regarding proposal to Consistent with the allocate a Total Allowable Harvest for moose in arrangements and accordance with 16.9.1.3(b) or woodland caribou procedures for or barrenground caribou from the Forty Mile Consultation Caribou Herd in accordance with 16.9.1.4(b). Provide details. 239 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, RRC Prepare and present views to Government. Within a reasonable time as identified in the arrangements and procedures for Consultation Government Provide full and fair consideration to the views Within a reasonable presented and notify TH and RRC of the time as identified in outcome. the arrangements and procedures for Consultation If the outcome is to allocate moose in accordance with 16.9.1.3 (a) and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd in accordance with 16.9.1.4(a): Government Allocate moose in accordance with 16.9.1.3(a) As necessary and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd in accordance with 16.9.1.4(a). OR If Government proposes to allocate moose in accordance with 16.9.1.3(b) and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd in accordance with 16.9.1.4(b): TH Provide to Government and RRC its assessment As soon as practicable of the number of moose and/or woodland caribou and/or barrenground caribou from the Forty Mile caribou herd required to satisfy the Subsistence needs of the Tr’ondëk Huch’in. TH, If Government disagrees with the assessment, As necessary Government attempt to reach agreement upon the number of moose and/or woodland caribou and/or barrenground caribou from the Forty Mile Caribou Herd required to satisfy the Subsistence needs of the Tr’ondëk Huch’in. 240 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH or If no agreement is reached, at discretion, refer the As necessary Government dispute to the dispute resolution process under 26.3.0. Government Allocate to TH a portion of the Total Allowable As necessary after Harvest for moose in accordance with 16.9.1.3(a) either agreement is or 16.9.1.3(b), whichever is less; and/or for reached or dispute is woodland caribou and/or for barrenground resolved through the caribou from the Forty Mile Caribou Herd in dispute resolution accordance with 16.9.1.4(a) or 16.9.1.4(b), process whichever is less. TH At discretion, allocate to the Tetlit Gwich’in any part of estimated needs of TH established pursuant to 16.9.1.5. 241 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Allocation of Total Allowable Harvest for any species of Fish and Wildlife other than moose or woodland caribou or barrenground caribou from the Forty Mile Caribou Herd. RESPONSIBLE Government and TH PARTY: PARTICIPANT/ Dawson District Renewable Resource Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 16.9.1.6 For greater certainty, if a Total Allowable Harvest is established in all or part of the Traditional Territory of the Tr’ondëk Hwëch’in, which is outside of the Primary Use Area, for any species of Fish and Wildlife other than moose or woodland caribou, or barrenground caribou from the Forty Mile Caribou Herd, it shall be allocated in accordance with 16.9. 1. 1. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3; 16.4.1, 16.4.2, 16.4.3, 16.5.4, 16.6.10, 16.6.10.1, 16.6.10.15, 16.7.12.2, 16.7.12.4, 16.8.0 (all), 16.9.1.1, 16.9.1.2, 16.9.2 (all), 16.9.5.1 Responsibility Activities Timing Government In the event that a Total Allowable Harvest is After consultation with established for any species of Fish and Wildlife TH pursuant to 16.5.4 other than moose or woodland caribou or barrenground caribou from the Forty Mile Caribou Herd, allocate Total Allowable Harvest to give priority to the Subsistence needs of the Tr’ondëk Hwëch’in, while providing for the reasonable needs of other harvesters. 242 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Harvest reallocation upon request of TH under 16.9.3 RESPONSIBLE Yukon, TH PARTY: PARTICIPANT/ Other YFNs LIAISON: OBLIGATIONS ADDRESSED: 16.9.3 Where, in any year: 16.9.3.1 the maximum harvest allocation for a species of Wildlife negotiated for a Yukon First Nation pursuant to 16.9.1 or 16.9.13 is greater than that Yukon First Nation’s Basic Needs Level or its needs, as the case may be; and 16.9.3.2 the maximum harvest allocation to another Yukon First Nation pursuant to its Yukon First Nation Final Agreement is less than that Yukon First Nation’s Basic Needs Level or its needs, as the case may be, for that species of Wildlife, Government, upon the request of the Yukon First Nation described in 16.9.3.1, shall allocate some or all of the maximum harvest allocation as determined by that Yukon First Nation which is surplus to the Basic Needs Level or needs of that Yukon First Nation to the Yukon First Nation described in 16.9.3.2 in the Traditional Territory of the Yukon First Nation described in 16.9.3.1 up to the Basic Needs Level or needs, as the case may be, of the Yukon First Nation described in 16.9.3.2. CROSS REFERENCED CLAUSES: 16.9.1, 16.9.13 Responsibility Activities Timing TH At discretion, request that Yukon allocate some of As necessary TH harvest allocation to another YFN in accordance with 16.9.3. Yukon Alter allocation as requested. As soon as practicable Yukon Inform affected YFNs. As soon as practicable 243 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of Basic Needs Level RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.9.13 Following a Yukon First Nation Final Agreement, a Yukon First Nation and Government may negotiate a Basic Needs Level for a species other than those species where Basic Needs Levels have already been negotiated. CROSS REFERENCED CLAUSES: 16.5.1, 16.5.1.4, 16.5.1.5, 16.9.15, 16.10.3 Responsibility Activities Timing TH, Contact other parties with a request to negotiate a At request of any party Government Basic Needs Level. TH, Respond to request for negotiations. Within a reasonable Government time of the request TH, If parties agree, enter negotiations. As necessary Government 244 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Endeavouring to rehabilitate wildlife populations RESPONSIBLE Government, TH, Fish and Wildlife Management Board (“FWMB”) and PARTY: Dawson District Renewable Resources Council (“RRC”) PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.9.16 In the event that the Total Allowable Harvest is less than a Basic Needs Level or an adjusted Basic Needs Level, Government, the Yukon First Nation, the Board and the affected Council shall endeavour to rehabilitate the population. CROSS REFERENCED CLAUSES: 16.1.1, 16.1.1.1, 27.4.1 Responsibility Activities Timing Government, When a Total Allowable Harvest is less than a As necessary TH, FWMB, Basic Needs Level or adjusted Basic Needs RRC Level, exchange information and cooperatively identify options for rehabilitating the population. Develop a plan. Government, Endeavour to rehabilitate the affected population As required TH, FWMB, in accordance with the plan. RRC Planning Assumptions 1. The initial discussions will identify timelines, budgetary and other resources required and each party’s participation in the development of the plan. 2. The plan will identify each party’s participation in the process of rehabilitating the population. 245 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Exploring ways to improve distribution of surplus meat to Yukon Indian People RESPONSIBLE Government, YFNs PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 16.9.17 Where the primary reason for Harvesting Wildlife is for purposes other than food, Government and Yukon First Nations shall explore methods of acquiring any edible meat which is a by-product of the harvest to assist in satisfying the needs of Yukon Indian People for food. CROSS REFERENCED CLAUSES: 16.5.1.8, 16.8.0 (all) Responsibility Activities Timing TH, Develop and review options for improving At request of the TH Government distribution of surplus meat to Yukon Indian People. TH, If the parties agree on methods, identify and As necessary Government implement the necessary procedures. Planning Assumptions 1. It is the Parties’ understanding that TH will take responsibility for initiating these activities. TH will initiate these activities at their discretion. 2. Government and TH may refer this issue to the RRC for its input. 246 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of basic needs allocations -- Salmon pursuant to Chapter 16 Schedule A 3.9.2, 3.9.3, and 3.9.4 RESPONSIBLE Canada and TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.10.3 In negotiating a basic needs allocation, the affected Yukon First Nation and Government shall consider the following: 16.10.3.1 the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups; 16.10.3.2 the Harvesting patterns of other residents of the Yukon; 16.10.3.3 changing patterns of consumption; 16.10.3.4 the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years; 16.10.3.5 the ability of Salmon stocks within a drainage basin to meet the demands of the Yukon First Nations whose Traditional Territories include that drainage basin; and 16.10.3.6 such other factors as the parties may agree. Chapter 16 Schedule A 3.9.2 If, within three months of the release of the results of the Study, a Yukon First Nation so requests, the Minister and the Yukon First Nation will negotiate with a view to agreeing to make changes to 3.9.1 to balance better the change over time in population of the Yukon First Nation with the factors listed 16.10.3, and each party will consider in negotiations the recommendations of the contractor referred to in 3.6.2 and the factors described in 16.10.3. 3.9.3 If, after one year following the request to negotiate, the parties have not reached agreement, either party may, within a further 30 days, refer any outstanding matter to the dispute resolution process under 26.4.0. 3.9.4 If no agreement is reached under 3.9.2, no reference to dispute resolution is made under 3.9.3, or no agreement is reached within four months following a reference to dispute resolution, the basic needs allocation for the Yukon First Nation shall be as set out in 3.9.1. 247 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN CROSS REFERENCED CLAUSES: 16.10.4, Chapter 16 Schedule A 2.1, 3.2, 3.6.2, 3.9.1, 4.1; 26.4.0 Responsibility Activities Timing TH Request negotiations with a view to agreeing to Within 3 months of the make changes to Chapter 16 Schedule A 3.9.1 to release of the result of balance better the changes over time in the Study population of TH. Canada, TH Negotiate with a view to agreeing to make As soon as practicable changes to Chapter 16 Schedule A 3.9.1 taking into consideration the recommendations of the contractor and the factors described in 16.10.3. If. after one year following the request to negotiate, the parties have not reached an agreement: TH or Canada At discretion, refer any outstanding matters to the Within a further 30 dispute resolution process under 26.4.0. days of one year following the request to negotiate If no agreement is reached under 3.9.2. no reference to dispute resolution is made under 3.9.3, or no agreement is reached within four months following a reference to dispute resolution: Canada Set basic needs allocation for TH as set out in As necessary 3.9.1. Planning Assumption 1. The Department of Fisheries and Oceans will assume the lead role for Canada. 248 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of basic needs allocations -- Salmon pursuant to Chapter 16 Schedule A 4.1 RESPONSIBLE Canada and TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.10.3 In negotiating a basic needs allocation, the affected Yukon First Nation and Government shall consider the following: 16.10.3.1 the historical uses and Harvesting patterns of Yukon Indian People and other aboriginal groups; 16.10.3.2 the Harvesting patterns of other residents of the Yukon; 16.10.3.3 changing patterns of consumption; 16.10.3.4 the statistics prepared by the Department of Fisheries and Oceans for the Indian food fishery within each drainage basin for the past five years; 16.10.3.5 the ability of Salmon stocks within a drainage basin to meet the demands of the Yukon First Nations whose Traditional Territories include that drainage basin; and 16.10.3.6 such other factors as the parties may agree. Chapter 16 Schedule A 4.1 The Minister and a Yukon First Nation, at the request of the Yukon First Nation, may, at any time before the end of the second year of the Study, negotiate a basic needs allocation for Salmon for that Yukon First Nation in accordance with 16.10.3, and thereafter the Study shall no longer include that Yukon First Nation. CROSS REFERENCED CLAUSES: 16.10.4, Chapter 16 Schedule A 2.1, 3.2 3.9.2 Responsibility Activities Timing TH Request entry into basic needs allocation As specified in Chapter negotiations. 16 Schedule A 249 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Review and respond to request. As soon as practicable upon receipt of request Canada and TH Discuss specific arrangements and prepare for As may be agreed negotiations. Canada and TH Negotiate basic needs allocation taking into As may be agreed account factors listed in 16.10.3. Planning Assumption 1. The Department of Fisheries and Oceans will assume the lead role for Canada. 250 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Variation of basic needs allocation for Salmon among YFNs RESPONSIBLE YFNs (as defined in Chapter 16 Schedule A), Canada PARTY: PARTICIPANT/ Salmon Sub-Committee (“SSC”) LIAISON: OBLIGATIONS ADDRESSED: 16.10.5 The basic needs allocation among the Yukon First Nations of Salmon set out in Schedule A - Determination of Basic Needs Allocation for the Drainage Basin of the Yukon River, attached to this chapter, may be varied by agreement in writing of all affected Yukon First Nations and Government. CROSS REFERENCED CLAUSES: 16.7.17.11, 16.7.17.12(f); Chapter 16 Schedule A Responsibility Activities Timing YFNs, or Identify need to vary allocation among affected As necessary, or upon Canada YFNs; notify other parties and SSC. receipt of recommendation of SSC Affected YFNs Attempt to reach agreement on a variation to the As soon as practicable and Canada allocation. Affected YFNs If agreement is reached, confirm agreement in As necessary and Canada writing and implement new allocation. Affected YFNs Notify SSC of new allocation. As soon as practical and Canada Planning Assumptions 1. The parties may seek the recommendations of the SSC to assist in determining the new allocation. 2. The Department of Fisheries and Oceans will assume the lead role for Canada. 251 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Priority of YFNs’ basic needs allocation RESPONSIBLE Canada PARTY: PARTICIPANT/ Salmon Sub-Committee (“SSC”), YFNs LIAISON: OBLIGATIONS ADDRESSED: 16.10.8 Unless the affected Yukon First Nations otherwise agree, the basic needs allocation for a drainage basin shall have priority over all other fisheries in the allocation of the Total Allowable Catch. A basic needs allocation shall not be construed as a guarantee by Government that the allocation will actually be harvested by the Yukon First Nation. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Canada Ensure the basic needs allocation for any drainage After the effective date basin shall have priority over all other fisheries. of Settlement Legislation Canada Seek agreement of affected YFNs to alter As required allocation. Affected YFNs Review proposal and notify Canada of decision. Upon receipt of proposal Canada Alter allocation. If all affected YFNs agree Planning Assumptions 1. Canada shall work with the SSC and YFNs to determine how the priority of the YFNs’ total basic needs allocation for the drainage basin is to be given effect. 2. The Department of Fisheries and Oceans will assume the lead role for Canada. 252 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Distribution of Total Allowable Catch when Total Allowable Catch falls below YFNs’ basic needs allocation for the Yukon River Drainage Basin RESPONSIBLE Canada PARTY: PARTICIPANT/ Salmon Sub-Committee (“SSC”) and affected YFNs LIAISON: OBLIGATIONS ADDRESSED: 16.10.9 Where the Total Allowable Catch is less than what is required to satisfy the basic needs allocations of Yukon First Nations within the Yukon River drainage basin, the Total Allowable Catch shall be distributed among the affected Yukon First Nations on a pro rata basis proportional to their share of the total basic needs allocation for that drainage basin. 16.10.13 Where: 16.10.13.1 a Total Allowable Catch is less than the total basic needs allocation in a season for the affected Yukon First Nations, and it is subsequently determined that the spawning escapement targets for Conservation were greater than was actually required for Conservation in that season; or 16.10.13.2 subject to an agreement entered into pursuant to 16.10.8, Government allocates Salmon to other fisheries which results in there being insufficient Salmon available to a Yukon First Nation to harvest its basic needs allocation for a drainage basin, Government shall, in subsequent years, allocate additional Salmon to the affected Yukon First Nations, in proportion to their share of the total basic needs allocation, from any Salmon which are not required for Conservation for that drainage basin, so that, over a six year period, the Yukon First Nations are allocated, on average, their total basic needs allocation. CROSS REFERENCED CLAUSES: 16.10.8 253 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada If the Total Allowable Catch is less than what is As required once the required to satisfy the basic needs allocation, drainage basin basic distribute the available Total Allowable Catch needs allocation is among the affected YFNs on a pro rata basis established proportional to their share of the total basic needs allocation. Canada If conditions identified in 16.10.13 occur, make Over a period of the necessary increases to each affected YFN’s annual next 6 years allocation in order that after a period of no more than six years each YFN’s average annual basic needs allocation is met. Planning Assumptions 1. The Department of Fisheries and Oceans (“DFO”) will assume the lead role for Canada. 2. Where inaccurate pre-season or in-season Total Allowable Catch determinations result in an inability to meet the basic needs allocation for the drainage basin and other commercial and sport fisheries have harvested Salmon, Government will subsequently adjust the affected YFN’s annual basic needs allocations. The intention would be to provide for that adjustment within the Total Allowable Catch established for the following year if it is reasonable to do so. 3. Where the in-season Total Allowable Catch is less than what is required to satisfy the basic needs allocation of a YFN pursuant to 16.10.9 in any one year for any other reason than those described in 16.10.13, no adjustment of that YFN’s basic needs allocation will be made. 4. Government will make best efforts to refer these issues to the SSC for their consideration and input prior to making a determination pursuant to this clause. 5. A temporary reduction or cancellation of commercial or other fisheries may be required in order to allow Government to allocate the necessary additional fish to the YFN’s basic needs allocation fishery. 6. Precise determinations of spawning escapement cannot be made with existing DFO management practices; therefore, determinations pursuant to 16.10.13.1 may be difficult to assess. In recognition of this difficulty, and consistent with clause 16.10.8 every effort will be made in the setting and allocation of the annual Total Allowable Catch to meet the requirements of the YFN’s basic needs allocations for the drainage basin before allocating Salmon to other users. 254 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Reallocation of a basic needs allocation from a downstream YFN to an upstream YFN RESPONSIBLE Salmon Sub-Committee (“SSC”) PARTY: PARTICIPANT/ Affected YFNs, Canada LIAISON: OBLIGATIONS ADDRESSED: 16.10.14 Where a downstream Yukon First Nation harvests Salmon in excess of its basic needs allocation with the result that an upstream Yukon First Nation does not have available to it sufficient Salmon to meet its basic needs allocation, the Sub-Committee may, in subsequent years, reallocate a portion of the basic needs allocation of the downstream Yukon First Nation to the upstream Yukon First Nation to compensate for the over-harvesting of the downstream Yukon First Nation. CROSS REFERENCED CLAUSES: 16.8.9 Responsibility Activities Timing SSC In cooperation with affected YFNs, identify As required after basic situation in which harvesting in excess of basic needs allocations are needs allocation by a downstream YFN may have established for the resulted in the failure of an upstream YFN to drainage basin in meet its basic needs allocation, question SSC In cooperation with affected YFNs, review As soon as practicable available information. SSC Reallocate a portion of the downstream YFN’s As required allocation to the upstream YFN if appropriate. SSC Notify affected YFNs and implement decision, As required subject to 16.8.9. Planning Assumptions 1. The Department of Fisheries and Oceans (“DFO”) will assume the lead role for Canada. 2. Canada will provide the technical information and support available to it in order to assist the SSC in making a determination pursuant to this clause. 255 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 3. Management information currently available to the DFO may not, in all cases, be adequate to determine conclusively that the over-harvesting by a downstream YFN resulted in the unavailability of sufficient salmon for an upstream YFN to meet its basic needs allocation. 256 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Additional commercial Salmon fishing licences RESPONSIBLE Canada, Yukon First Nations of the Yukon River Drainage Basin PARTY: (“Affected YFNs”) PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.10.15 In accordance with 16.10.16, upon ratification of the Umbrella Final Agreement, Government shall issue a number of new additional Yukon commercial Salmon fishing licences to Yukon First Nations whose Traditional Territories include part of the Yukon River drainage basin. 16.10.16 The number of licences to be issued pursuant to 16.10.15 shall be the number equivalent to 26 percent of the Yukon commercial Salmon fishing licences in effect for the Yukon River drainage basin on the day immediately preceding the date of ratification of the Umbrella Final Agreement. 16.10.16.1 Following ratification of the Umbrella Final Agreement, the Yukon First Nations of the Yukon River drainage basin shall notify Government how the licences to be issued pursuant to 16.10.15 are to be allocated between them. 16.10.16.2 Upon receipt of notification pursuant to 16.10.16.1, Government shall issue, without fee, the licences to the affected Yukon First Nations. 16.10.17 The licences issued pursuant to 16.10.15 are not transferable except to another Yukon First Nation whose Traditional Territory includes part of the Yukon River drainage basin. CROSS REFERENCED CLAUSES: 16.7.17.12, 16.7.17.12 (e), 16.10.20 Responsibility Activities Timing Affected YFNs Determine how licences will be allocated and As soon as practicable notify Canada. Canada Issue licences without fee according to allocation Upon receipt of determined by the YFNs. notification Affected YFNs Inform Canada of any licence transfers agreed to Upon transfer by YFNs. 257 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. Pursuant to 16.7.17.12 (e), the Salmon Sub-Committee may make recommendations to Canada on related new opportunities and proposed management measures for the commercial uses of Salmon. 2. The eight (8) licences to be issued pursuant to 16.10.15 represents 26 percent of the thirty (30) Yukon commercial Salmon fishing licences in effect for the Yukon River drainage basin on May 28, 1993 the day immediately preceding the date of ratification of the Umbrella Final AGREEMENT. 3. The Department of Fisheries and Oceans will assume the lead role for Canada. 258 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Allocation of traplines RESPONSIBLE Yukon, TH, Dawson District Renewable Resources Council (“RRC”) PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.11.3.4 The Renewable Resources Council established for the Traditional Territory of a Yukon First Nation described in 16.11.3 shall establish additional criteria for the process by which the transition to the target set out in 16.11.3 is to be achieved, including transfers of traplines other than those pursuant to 16.11.3.3, which also may be permitted notwithstanding 16.11.3.1. 16.11.10 The Council shall regularly review the use of traplines and make recommendations to the Minister and Yukon First Nations on the assignment and reassignment of all new, vacant and under-utilized traplines pursuant to criteria that it establishes in accordance with 16.6.10.6 and 16.6.10.7, as follows: 16.11.10.1 new and vacant traplines shall be assigned with regard to criteria established by the Council and, to the extent possible, in accordance with 16.11.3; 16.11.10.2 additional criteria for the allocation of Category 1 Traplines may be established by a Yukon First Nation; 16.11.10.6 for Category 1 Traplines, the final allocation authority shall rest with the Yukon First Nation; 16.11.10.7 for Category 2 Traplines, the final allocation authority shall rest with the Minister; CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3; 16.6.10.6, 16.6.10.7, 16.8.0 (all), 16.11.2 (all), 16.11.3 (all), 16.11.10.3, 16.11.10.5, 16.11.10.8 Responsibility Activities Timing RRC Establish trapline allocation criteria in accordance As soon as practicable with 16.6.10.6 and 16.6.10.7 and additional criteria for transition process to reach trapline allocation goal of 16.11.3. Inform TH and Yukon of criteria. 259 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH At discretion, establish additional criteria for the As practicable allocation of Category 1 Traplines. Inform Yukon and RRC of criteria. RRC Make recommendations to Minister and/or TH on After receiving assignment and reassignment of new, vacant and recommendations under-utilized traplines. Minister At discretion, assign or reassign Category 2 After receiving Traplines. recommendations TH At discretion, assign or reassign Category 1 After receiving Traplines. recommendations TH, Minister Notify RRC of decisions regarding assignment of After decision made new, vacant or under-utilized traplines. TH, Yukon, Update respective trapline registers in accordance After decision made RRC with 16.11.10.5. and notification given 260 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Process by which additional traplines may be designated as Category 1 Traplines RESPONSIBLE TH PARTY: PARTICIPANT/ Registered holder, Dawson District Renewable Resources Council LIAISON: (“RRC”), Yukon OBLIGATIONS ADDRESSED: 16.11.8 A trapline shall be designated Category 1 only with the written consent of the registered holder of that trapline. 16.11.9 Where less than 70 percent of the traplines within a Yukon First Nation’s Traditional Territory are designated as Category 1 pursuant to 16.11.7, that Yukon First Nation’s Final Agreement shall set out the process by which additional traplines may be designated as Category 1 Traplines. 16.11.9.1 The process required by 16.11.9 is as follows: (a) all traplines acquired by the Tr’ondëk Hwëch’in pursuant to 16.11.5.1 may be designated Category 1 traplines; (b) the Tr’ondëk Hwëch’in shall provide Government and the Council with proof of the consent required by 16.11.8 and notice that it has designated the trapline to be a Category 1 trapline. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3,6.0; 16.11.3.5, 16.11.5.1, 16.11.6, 16.11.7, 16.11.10.5 Responsibility Activities Timing TH Request written consent of registered holder of As required trapline to designate trapline as Category 1. Registered Grant or deny consent. At discretion holder of trapline TH Provide to Yukon and the RRC proof of consent in As soon as practicable accordance with 16.11.8 and notice that trapline after trapline has been designated as Category 1. designated 261 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Trade and redesignation of Category 1 and 2 Traplines RESPONSIBLE Minister, Dawson District Renewable Resources Council (“RRC”), TH PARTY: PARTICIPANT/ The trappers concerned in a trade of traplines (“Affected Trappers”) LIAISON: OBLIGATIONS ADDRESSED: 16.11 .10.4 upon mutual agreement between the trappers concerned, and with the approval of the Council, the Yukon First Nation and the Minister, a trade may be arranged between Category I and Category 2 Traplines, with consequent re-designation of the status of the traplines; CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3, 6.1 (all); 16.11.6,16.11.7.1,16.11.8, 16.11.9 (all), 16.11.10,16.11.10.5,16.11.10.6,16.11.10.7, 16.11.10.8,26.4.0 (all) Responsibility Activities Timing TH, Minister or Upon mutual agreement reached between As soon as practicable RRC Affected Trappers on trade of Category 1 after being advised by Trapline for Category 2 Trapline, notify other Affected Trappers parties of proposed trade of Category 1 Trapline for Category 2 Trapline. Provide details. TH, Minister, Review proposed trapline trade, and approve or Within reasonable RRC deny proposal. time after receiving proposal TH, Yukon, If approved, redesignate traplines in accordance As soon as practicable RRC with approved trade. TH, Yukon, Update respective trapline registers in accordance As soon as practicable RRC with 16.11.10.5. 262 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Maintenance of register of Category 1 and 2 Traplines RESPONSIBLE Yukon, Dawson District Renewable Resources Council (“RRC”), TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 16.11.10.5 the Yukon and the Council shall maintain a register of Category 1 and Category 2 Traplines, and the Yukon First Nation shall also maintain a register of Category 1 Traplines. CROSS REFERENCED CLAUSES: 2.9.3, Chapter 2 Schedule B 4.1,4.1.3,6.1 (all); 16.ll.7.l,16.ll.8,16.11.9(all),16.11.10,16.11.10.4,16.11.10.6,16.11.10.7,16.11.10.8 Responsibility Activities Timing Yukon Revise Yukon’s trapline concession register to Before or as soon as distinguish between Category 1 and Category 2 practicable following Traplines. Effective Date TH Establish register of Category 1 Traplines. As soon as practicable Yukon Notify RRC and TH of Yukon’s register and As soon as practicable provide copies. after establishment of register TH Notify RRC and Yukon of TH ‘s register and As soon as practicable provide copies. after establishment of register RRC Establish register of Category 1 and Category 2 As soon as practicable Traplines. after receipt of copies of Yukon’s and TH’s registers TH Notify Yukon and RRC if trapline concession Ongoing holders have consented to their traplines being designated as Category 1 Traplines. TH, Yukon, Maintain respective trapline registers. Ongoing RRC 263 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establish a compensation policy for Yukon Indian trappers RESPONSIBLE Canada, Yukon PARTY: PARTICIPANT/ TH, Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 16.11.13 Yukon Indian People holding traplines whose Furbearer Harvesting opportunities will be diminished due to other resource development activities shall be compensated. Government shall establish a process following the Effective Date of the Yukon First Nation’s Final Agreement for compensation, including designation of the Persons responsible for compensation. CROSS REFERENCED CLAUSES: 16.11.13.1 Responsibility Activities Timing Yukon, Canada Develop proposal for compensation process. As soon as practicable Yukon, Canada Provide proposed compensation process to TH and RRC for review and comments. TH, RRC Review proposed compensation process and provide comments to Government. Yukon, Canada Review and consider comments received and finalize compensation process. Yukon, Canada Notify TH, RRC and trappers of compensation process. 264 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Provision of trapper training programs RESPONSIBLE Yukon PARTY: PARTICIPANT/ YFNs, Renewable Resources Councils (“RRCs”) LIAISON: OBLIGATIONS ADDRESSED: 16.13.2 The Yukon shall provide trapper training programs, designed in collaboration with Yukon First Nations and the Councils, for Yukon Indian People as required from time to time, to encourage effective involvement of trappers in the management and development of traplines. Unless the Yukon otherwise decides, these training programs shall be provided for 10 years from the enactment of Settlement Legislation. CROSS REFERENCED CLAUSES: 28.8.3, 28.9.1, 28.9.2 Responsibility Activities Timing Yukon, YFNs, Each assess existing trapper training programs As soon as practicable RRCs and determine whether and to what extent they encourage effective involvement of trappers in the management and development of traplines. Yukon, YFNs At discretion, suggest changes to the content or As necessary or RRC delivery of existing trapper training programs in order to encourage effective involvement of trappers in the management and development of traplines. Yukon, YFNs, In collaboration, redesign the content or delivery Within reasonable time RRCs of trapper training programs in order to encourage after need for change effective involvement of trappers in the identified management and development of traplines. Yukon Provide trapper training for Yukon Indian People For 10 years from as required. enactment of Settlement Legislation, unless otherwise decided 265 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. The trapper training program presently delivered by Yukon will serve as the starting point for the trapper training program required by 16.13.2. 2. In designing trapper training programs, the parties will consider the financial circumstances of Yukon Indian People. 266 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of Forty Mile Caribou Herd Working Group RESPONSIBLE TH, Government PARTY: PARTICIPANT/ LIAISON: OBLIGATIONS ADDRESSED: Chapter 16 Schedule B 1.1 A Working Group shall be established as soon as practicable after the Effective Date of this Agreement to make recommendations to the Minister and to the Tr’ondëk Hwëch’in in relation to the utilization and IMPLEMENTATION of habitat protection measures that may contribute to efforts to promote the growth of the Forty Mile Caribou Herd. 2.1 There shall be six members of the Working Group of whom three shall be nominated by Government and three by the Tr’ondëk Hwëch’in. 2.1 .1 Prior to any appointments being made to the Working Group, the Minister and the Tr’ondëk Hwëch’in shall make reasonable attempts to reach consensus as to the individuals which each nominates to the Working Group. 2.1.2 In attempting to reach consensus under 2.1 .1, the Minister and the Tr’ondëk Hwëch’in shall consider: (a) any prospective nominee’s familiarity with renewable resources issues and, in particular, with the Forty Mile Caribou Herd; (b) any prospective nominee’s familiarity with and sensitivity to Tr’ondëk Hwëch’in culture and to the aspirations of the Tr’ondëk Hwëch’in relating to the Forty Mile Caribou Herd; (c) the compatibility of proposed nominees; and (d) any other matter to which the Minister and the Tr’ondëk Hwëch’in agree. 2.1.3 If, after having made the reasonable attempts required by 2.1.1, the Minister and the Tr’ondëk Hwëch’in are unable to reach consensus, either may give written notice to the other setting out the names of the individuals whom it intends to nominate to the Working Group and 14 days thereafter may so nominate those individuals. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.3 267 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Minister Make reasonable efforts to reach consensus as to Prior to any the individuals which each nominates to the appointments Working Group. In attempting to reach consensus, consider factors set out in 2.1.2 If consensus is reached: TH, Yukon Nominate those individuals. As soon as practicable If no consensus is reached: TH or Minister At discretion, give written notice to the other As required party setting out the names of the individuals whom it intends to nominate to the Working Group. TH or Minister At discretion, nominate those individuals Not less than 14 days provided for in the written notice. after notice is provided TH, Minister Establish the Working Group comprised of three As soon as practicable members appointed by Government and three after nomination of members appointed by TH. Working Group members 268 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Recommendations to promote the growth of the Forty Mile Caribou Herd RESPONSIBLE TH, Government, Working Group PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), Fish and LIAISON: Wildlife Management Board (“FWMB”) OBLIGATIONS ADDRESSED: Chapter 16 Schedule B 1.1 A Working Group shall be established as soon as practicable after the Effective Date of this Agreement to make recommendations to the Minister and to the Tr’ondëk Hwëch’in in relation to the utilization and IMPLEMENTATION of habitat protection measures that may contribute to efforts to promote the growth of the Forty Mile Caribou Herd. 3.1 Prior to making the recommendations referred to in 1.1, the Working Group shall review: 3.1.1 the present state of caribou habitat, based on existing information, in respect of that area of the Traditional Territory of the Tr’ondëk Hwëch’in over which the Forty Mile Caribou Herd ranges (the “Area”); 3.1.2 how relevant legislation could be used to address habitat protection in the Area including the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3; 3.1.3 how the Development Assessment Process, land use planning process, existing wildlife management plans, existing programs in respect of habitat protection, and such other programs and plans that may be relevant, could be used to address habitat protection in the Area; 3.1.4 any previous work done or studies made regarding maintenance of habitat protection in the Area; 3.1.5 the traditional knowledge of the Tr’ondëk Hwëch’in in relation to the Forty Mile Caribou Herd and its habitat; and 3.1.6 such other matters as the Working Group considers relevant to its mandate under 1.1. 269 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 3.2 Prior to making recommendations referred to in 1.1, the Working Group shall provide the Dawson District Renewable Resources Council and the Yukon Fish and Wildlife Management Board with an opportunity to review its recommendations. 3.3 The Working Group shall make best efforts to make its recommendations to the Minister and the Tr’ondëk Hwëch’in within one year of the date upon which it was established. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3 Responsibility Activities Timing Working Group Review the factors set out in 3.1. Prior to making recommendations referred to in 1.1 Working Group Provide draft recommendations to the RRC and Prior to making FWMB for their review, recommendations to TH and the Minister Working Group After giving full and fair consideration to Best efforts within one comments received from the RRC and FWMB, year of the Working make recommendations to the Minister and to TH Group’s establishment in relation to the utilization and IMPLEMENTATION of habitat protection measures that may contribute to efforts to promote the growth of the Forty Mile Caribou Herd. 270 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Determination of the Available Harvest for moose in TH Traditional Territory RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH, Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: Chapter 16 Schedule C 2.2 In determining the Available Harvest in the Traditional Territory for the purposes of 2.1, Government shall Consult with the Tr’ondëk Hwëch’in and the Council and shall consider scientific research and the special knowledge and experience of Tr’ondëk Huch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3; 16.9.1 (all); Chapter 16 Schedule C 1.0,2.1 Responsibility Activities Timing TH, Yukon Develop arrangements and procedures for During the process of Consultation regarding determination of the establishing a Total Available Harvest in TH Traditional Territory Allowable Harvest for identifying contacts, timelines, general moose information guidelines, and any other information required by TH and Yukon. Yukon Notify TH and RRC regarding Yukon proposal As necessary with respect to determination of the Available Harvest in TH Traditional Territory. TH, RRC Prepare and present views to Yukon. Within reasonable time as identified in the arrangements and procedures for Consultation Yukon Provide full and fair consideration to the views Within reasonable time presented and notify TH and RRC of outcome. as identified in the arrangements and procedures for Consultation 271 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: First right to purchase the improvements upon a Category 2 Trapline RESPONSIBLE TH, Holder of Category 2 Trapline (“Holder”), Yukon PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 16 Schedule D 1.1 The holder of a Category 2 Trapline, upon receipt of a bona fide offer to purchase the improvements upon that trapline, which offer the holder of the trapline is ready and willing to accept, shall communicate, in writing, the terms of that offer to the Tr’ondëk Hwëch’in which shall have the first right to purchase those improvements at the price and upon the terms set out in that offer. 1.2 At the request of the Tr’ondëk Hwëch’in, the holder of the Category 2 Trapline shall provide the Tr’ondëk Hwëch’in with documentary evidence of the bona fide nature of the offer to purchase referred to in 1.1. 1.3 At the request of the Tr’ondëk Hwëch’in, Government shall provide to the Tr’ondëk Hwëch’in all available information relating to a Category 2 Trapline for which there is an offer to purchase as described in 1.1. 1.4 The Tr’ondëk Hwëch’in may exercise the first right to purchase set out in 1.1 at any time during the 30 days following the day on which it receives notice of the offer or the day upon which it is provided with the documentary evidence referred to in 1.2 or the information referred to in 1.3, whichever is later. 1.5 The Tr’ondëk Hwëch’in exercises the first right to purchase set out in 1.1 by notifying the holder of the Category 2 Trapline, in writing, of its intention to exercise that right and to complete the purchase of the improvements upon the trapline within the 60 days following the date upon which it gives notification. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.3; 16.11.5 (all), Chapter 16 Schedule D 1.6, 2.0, 3.0 272 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Holder Upon receipt of a bona fide offer to purchase the As required improvements upon a Category 2 Trapline, which offer the Holder is ready and willing to accept, notify TH in writing of the terms of the offer. Offer TH the first right to purchase those improvements at the price and upon the terms set out in that offer. TH At discretion, request Holder to provide TH with As necessary documentary evidence of the bona fide nature of the offer to purchase. Holder Provide documentary evidence. Upon request of TH TH At discretion, request that Yukon provide TH As necessary with all available information relating to a Category 2 Trapline for which there is an offer to purchase. Yukon Provide all available information. Upon request of TH TH At discretion, exercise the first right to purchase Within 30 days by notifying the holder in writing. following the day it receives notice of the said offer referred to in 1.1, documentary evidence referred to in 1.2, or information referred to in 1.3, whichever is later TH Complete the purchase of the improvements. Within 60 days following the date TH gives notification to Holder 273 TR’ONDËK HWËCH’lN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: First right to acquire available trapping concessions RESPONSIBLE TH, Holder of Category 2 Trapline (“Holder”), Government PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 16 Schedule D 2.1 The Tr’ondëk Hwëch’in shall, in accordance with 2.2 to 2.6 of this schedule, have the first right to acquire trapping concessions which become available in the Traditional Territory of the Tr’ondëk Hwëch’in after the Effective Date of this AGREEMENT. 2.2 Upon a trapping concession becoming available, Government shall give notice in writing to the Tr’ondëk Hwëch’in of that fact and of the terms and conditions upon which that concession might be acquired. 2.3 The Tr’ondëk Hwëch’in may exercise the first right to acquire referred to in 2.1, at any time during the 60 days following the date upon which it received the notice referred to in 2.2, by advising Government in writing of its intention to exercise that right and the name of the qualified and consenting Tr’ondëk Huch’ in to whom the trapping concession is to be granted. 2.4 Within 30 days of receipt of the notice from the Tr’ondëk Hwëch’in referred to in 2.3, Government shall grant the trapping concession to the Tr’ondëk Huch’ in identified by the Tr’ondëk Hwëch’in. 2.5 If the Tr’ondëk Hwëch’in, within the 60 days following its receipt of the notice referred to in 2.2, fails to advise Government that it wishes to exercise the first right to acquire referred to in 2.1, it shall be deemed to have given notice that it will not be exercising that right and after that Government may grant the trapping concession to others. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.3; 16.11.3.5, 16.11.8, 16.11.9; Chapter 16 Schedule D 1.0, 2.6, 2.7, 3.0 274 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Upon a trapping concession becoming available, As required give notice in writing to TH setting out the terms and conditions upon which that concession might be acquired. TH At discretion, advise Yukon in writing of its Within 60 days intention to exercise its first right to acquire the following the date it trapping concession and the name of the qualified receives notice from and consenting Tr’ondëk Huch’in to whom the Yukon trapping concession is to be granted. Yukon Grant trapping concession to the Tr’ondëk Within 30 days of Huch’in identified by TH. receipt of the notice from TH If TH does not exercise its right within 60 days of receipt of notice from Yukon: Yukon At discretion, grant trapping concession to others. As necessary 275 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation on Forest Resources policies and Legislation RESPONSIBLE Government PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”), and other LIAISON: affected Renewable Resources Councils (“RRCs”) OBLIGATIONS ADDRESSED: 17.2.2 The Minister shall Consult with the affected Renewable Resources Councils: 17.2.2.1 prior to establishing a new policy likely to significantly affect Forest Resources Management, allocation or forestry practices; and 17.2.2.2 prior to recommending to Parliament or the Legislative Assembly, as the case may be, Legislation concerning Forest Resources in the Yukon. CROSS REFERENCED CLAUSES: 2.11.8, 17.4.3 Responsibility Activities Timing Government Notify RRC and other affected RRCs of new Prior to establishment policy and/or legislative initiative and provide of a new policy or details. recommendation of Legislation to Parliament or Legislative Assembly RRC and other Prepare and present views. Within reasonable time affected RRCs indicated by Government Government Provide full and fair consideration of views Prior to establishment presented. of a new policy or recommendation of Legislation to Parliament or Legislative Assembly 276 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Non-commercial harvest of Trees on Crown Lands RESPONSIBLE TH and Government PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 17.3.1 Subject to this chapter: 17.3.1.2 each Yukon First Nation shall have the right, during all seasons of the year, to harvest Trees on Crown Land to a maximum of 500 cubic metres per calendar year to provide for non-commercial community purposes; and 17.3.3 For the purposes of 17.3.1, where Legislation referred to in 17.3.2 requires the issuance of a permit or licence, such permit or licence issued to a Yukon Indian Person or a Yukon First Nation, as the case may be, shall be without fee. CROSS REFERENCED CLAUSES: 17.2.2 (all), 17.3.2, 17.3.4 (all), 17.3.6 (all) Responsibility Activities Timing If permit required by Legislation: TH Apply to Government for necessary As required by permit/licence. Legislation Government Issue permit/licence in accordance with Upon application applicable Legislation and subject to restrictions listed in 17.3.4, waiving any fee that might otherwise apply. TH Notify Government of Trees harvested up to a As required by permit limit of 500 cubic metres. or upon request by Government If no permit is required: TH Notify Government of Trees harvested up to a Annually, or as limit of 500 cubic metres. requested by Government 277 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of Forest Resources Management plans in TH Traditional Territory RESPONSIBLE Minister, TH PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 17.5.1 The Minister may prepare, approve and implement plans for Forest Resources Management on Non-Settlement Land. 17.5.2 A Yukon First Nation may prepare, approve and implement plans for Forest Resources Management on its Settlement Land. 17.5.4.1 The Minister, in Consultation with the Tr’ondëk Hwëch’in and the Dawson District Renewable Resources Council, shall determine the timing for the development of Forest Resources Management plans for the Traditional Territory of the Tr’ondëk Hwëch’in. 17.5.4.2 If the Minister considers it necessary to prepare an inventory of Trees on Crown Land in the Traditional Territory of the Tr’ondëk Hwëch’in, the Minister shall first prepare an inventory for: (a) the North Klondike and Klondike River Watershed on Canada Land Inventory class 4 and 5 forest capability, not including the areas of Sunnydale, West Dawson and the south side of the Klondike Valley from Dawson to Henderson’s Corner; (b) the Yukon River corridor comprising all lands below a height of 500 metres above the bank or eight kilometres distance from the bank, whichever is less; (c) the Chandindu River and Thane Creek watersheds; and (d) the McQuesten River watershed, as described in map “Forestry Management Unit, (FMU)” in Appendix B Maps, which forms a separate volume to this AGREEMENT. 17.5.4.3 The Minister shall determine the timing for the preparation of any inventory of Trees on Crown Land in the Traditional Territory of the Tr’ondëk Hwëch’in in Consultation with the Tr’ondëk Hwëch’in. 278 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 17.5.4.4 If Government proposes to undertake any work related to an inventory of Trees on Crown Land in the Traditional Territory of the Tr’ondëk Hwëch’in, it shall Consult with the Tr’ondëk Hwëch’in to determine whether it wishes to participate in such work on a cost sharing basis in order to obtain similar information on land held by the Tr’ondëk Hwëch’in. 17.5.7 The Minister shall consider whether a management inventory of Trees is necessary on Non Settlement Land for the preparation of a Forest Resources Management plan. 17.5.8 If the Minister considers that a management inventory pursuant to 17.5.7 is necessary, the Minister shall complete the inventory before the development of the Forest Resources Management plan. CROSS REFERENCED CLAUSES: 2.11.8; Chapter 2 Schedule B 4.1,4.1.4; 17.4.1 (all), 17.4.2 (all), 17.5.3, 17.5.5 (all), 17.5.6 (all), 17.6.1, 17.6.2 Responsibility Activities Timing Minister, TH Work collaboratively to identify areas of As soon as practicable priority for the development of Forest Resources Management plans. Minister, TH At discretion, request recommendations from As necessary the RRC on the areas of priority for the development of Forest Resources Management plans. RRC Provide recommendations. Within reasonable time indicated by Minister Minister, TH Review recommendations of RRC, and identify After receipt of areas of priority for the development of Forest recommendations Resources Management plans and notify RRC of outcome. 279 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Minister In consultation with TH, determine the need for After identifying areas any management inventory of Trees on Crown of priority for the Land in TH Traditional Territory, development of Forest Resources Management plans and concurrent with TH’s assessment TH In consultation with the Minister, determine the After identifying areas need for any management inventory of Trees of priority for the on TH Settlement Land. development of Forest Resources Management plans and concurrent with the Minister’s assessment Minister In consultation with TH, determine the order in As necessary which any management inventory of trees on Crown Land in TH Traditional Territory will be prepared, taking into consideration the requirements of 17.5.4.2. TH In consultation with the Minister, determine the Concurrent with order in which any management inventory of determination of order Trees on TH Settlement Land will be prepared. of management inventory on Crown Land in TH Traditional Territory Minister Consult with TH on the timing for the As necessary preparation of any inventory of Trees on Crown Land in TH Traditional Territory. Minister Prepare management inventory of Trees on Following Crown Land in TH Traditional Territory. Consultation and in accordance with 17.5.4.2 Minister In Consultation with TH, determine TH As necessary participation in management inventory work on Crown Land in TH Traditional Territory on a cost sharing basis to obtain similar information on land held by the TH. 280 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Minister In Consultation with TH and the RRC, As necessary determine the timing of Forest Resources Management plans in TH Traditional Territory taking into consideration the need for integrated Forest Resources Management plans. Minister In cooperation with TH, develop Forest As necessary Resources Management plans on Non Settlement Land. TH In cooperation with Government, develop As necessary Forest Resources Management plans on TH Settlement Land. Planning Assumptions 1. Forest inventories and Forest Resources Management plans will be undertaken in a manner consistent with TH and Government policies in place from time to time. 2. Government and TH may request additional recommendations from the Dawson District Renewable Resources Council on other issues. 3. It is understood that on this activity sheet, the process associated with “Consultation” is to be performed as follows: a) Government will notify and provide relevant details of the matter to TH; b) TH will prepare and present its views within reasonable time indicated by Government; c) Government will provide full and fair consideration of views presented prior to determining outcome; and d) Government will inform TH of the outcome prior to taking action. 281 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of the order in which Forest Resources Management plans are to be developed RESPONSIBLE Minister, YFNs PARTY: PARTICIPANT/ Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 17.5.3 After Consultation with Yukon First Nations, the Minister shall establish the order in which plans for Forest Resources Management are to be developed. The Minister shall Consult with Yukon First Nations prior to changing the order established. CROSS REFERENCED CLAUSES: 2.11.8, 17.4.1.2 Responsibility Activities Timing Minister Notify YFNs of intention to establish order for As soon as practicable the development of Forest Resources Management plans and provide details. YFNs Prepare and present views. Within reasonable time established by Minister Minister Provide full and fair consideration of views Prior to establishing presented. order Minister Establish order for development of plans. After Consultation Minister To revise order, repeat listed activities. Prior to amending order Planning Assumptions 1. Government will arrange for a meeting of all fourteen YFNs to Consult regarding the establishment of the order for Forest Resources Management plans. 2. Relevant information and proposals will be forwarded to the YFNs within a reasonable time in advance of the meeting. 3. The parties may include the RRC where appropriate. 282 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Work related to an inventory of Trees on Crown Land in TH Traditional Territory RESPONSIBLE Canada PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 17.5.4.5 The Minister shall provide to the Tr’ondëk Hwëch’in the results of any inventory of Trees on Crown Land in the Traditional Territory of the Tr’ondëk Hwëch’in on the same cost recovery basis as such results would be provided to any other Person. CROSS REFERENCED CLAUSES: 2.11.8,17.5.1 Responsibility Activities Timing Canada Provide to TH a list of results of any inventory of As soon as practicable Trees completed on Crown Land in TH Traditional Territory. TH At discretion, request results of any inventory of Trees completed on Crown Land in TH Traditional Territory. Canada Provide to TH results of any inventory of Trees As soon as practicable completed on Crown Land in TH Traditional following request Territory. 283 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Use of pesticides or herbicides by TH on Settlement Land RESPONSIBLE TH PARTY: PARTICIPANT: Government LIAISON: OBLIGATIONS ADDRESSED: 17.7.1 Where Forest Resources are threatened by pests or diseases a Yukon First Nation shall Consult the Minister before applying or permitting the application of pesticides and herbicides on Settlement Land. CROSS REFERENCED CLAUSES: 2.11.8, 17.7.3, 17.7.4, 17.7.5 Responsibility Activities Timing TH Notify Government that use of herbicide(s) or Prior to application of pesticide(s) on Settlement Land is being herbicide(s) or considered. Provide details about nature of pesticide(s) pest/disease, the nature of the herbicide(s) or pesticide(s) being considered, and any other relevant information. Government Prepare and present views. Within reasonable time indicated by TH TH Provide full and fair consideration of views Prior to application presented. TH Notify Government of action taken. As soon as practicable 284 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Use of pesticides or herbicides by Government on Crown Lands within TH Traditional Territory RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 17.7.2 Where Forest Resources are threatened by pests or diseases the Minister shall Consult the affected Yukon First Nation before applying pesticides and herbicides on Crown Land within that Yukon First Nation’s Traditional Territory. CROSS REFERENCED CLAUSES: 2.11.8, 17.7.4, 17.7.5 Responsibility Activities Timing Government Notify TH that use of herbicide(s) or pesticide(s) Prior to application of on Crown Lands within Traditional Territory is herbicide(s) or being considered. Provide details about nature of pesticide(s) pest/disease, the nature of the herbicide(s) or pesticide(s) being considered and any other relevant information. TH Prepare and present views. Within reasonable time indicated by Government Government Provide full and fair consideration of views Prior to application presented. Government Notify TH of action taken. As soon as practicable 285 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Actions taken to control pest or disease problems on Settlement Land RESPONSIBLE TH, Government PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: 17.7.3 Where a pest or disease affects Forest Resources on Settlement Land, Government and the affected Yukon First Nation shall take such action as they may agree to control the problem. CROSS REFERENCED CLAUSES: 17.7.1, 17.7.4, 17.7.5 Responsibility Activities Timing TH or Notify other party that a pest or disease affects As necessary Government Forest Resources on Settlement Land and provide details. TH, Discuss possible actions to control the problem. Prior to taking action Government TH, Take such action as they may agree to control the As required Government problem. 286 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation on forest fire fighting priorities RESPONSIBLE Government PARTY: PARTICIPANT: TH, Dawson District Renewable Resources Council (“RRC”) LIAISON: OBLIGATIONS ADDRESSED: 17.8.2 Government shall Consult with each Yukon First Nation on general priorities for fighting forest fires on that Yukon First Nation’s Settlement Land and on adjacent Non-Settlement Land. CROSS REFERENCED CLAUSES: 17.4.1.5, 17.4.4, 17.8.3 Responsibility Activities Timing Government Notify TH of existing general priorities for forest Prior to March 31 in fire fighting on Settlement Land and adjacent the year following the Non-Settlement Land and provide any relevant Effective Date information. TH Prepare and present views. Within a reasonable time Government Provide full and fair consideration of views Prior to amending presented. priorities Government Set general priorities for TH Settlement Land and After Consultation for adjacent Non-Settlement Land. Notify TH of outcome. TH, At the request of TH, revisit Government’s As required Government general priorities for forest fire fighting. Planning Assumptions 1. The general forest fire fighting priorities of TH may change over time; upon request of TH, Government will consider amending general priorities to reflect the wishes of TH. 2. Government will explore various options available for the interested parties to work collaboratively on the establishment of priorities for fighting forest fires. 3 The parties will involve the RRC as appropriate. 287 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Forest fire fighting on Settlement Land RESPONSIBLE Government, TH PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: 17.8.3 For a period of five years after the Effective Date of a Yukon First Nation Final AGREEMENT, Government shall continue to fight forest fires on that Yukon First Nation’s Settlement Land: 17.8.3.1 in accordance with Government policy from time to time for fighting forest fires on Crown Land in the Yukon; and 17.8.3.2 within the financial and other resources available to Government from time to time for fighting forest fires on Crown Land in the Yukon. 17.8.4 Government may take any action it considers necessary on Settlement Land for control or extinguishment of forest fires. Where practicable, Government shall give notice to the affected Yukon First Nation prior to taking such action. CROSS REFERENCED CLAUSES: 17.8.1, 17.8.2, 17.14.2.11 Responsibility Activities Timing Government, Meet to identify the terms of reference for the Within one year of the TH development of transitional arrangements during Effective Date, or as the five year period following the Effective Date, soon thereafter as the which prepare TH to assume responsibility for parties agree is forest fire suppression on TH Settlement Land. reasonable Government, Jointly develop the transitional arrangements. As soon as practicable TH Government, Implement transitional arrangements. As soon as practicable TH Government Notify TH prior to taking action to fight forest Where practicable fires on Settlement Land. Government Fight forest fires on TH Settlement Land in For a period of five accordance with the transitional arrangements years after Effective and policies in place from time to time and within Date available resources. 288 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The terms of reference for the transitional arrangements may include measures to address training and employment opportunities for Tr’ondëk Huch’in in forest fire suppression activities. 289 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access to Settlement Land -- Holders of commercial timber permits RESPONSIBLE TH PARTY: PARTICIPANT: Permit holder, Surface Rights Board LIAISON: OBLIGATIONS ADDRESSED: 17.10.2 The holder of a commercial timber permit shall have a right of access to cross and make necessary stops on Settlement Land to reach adjacent land or to reach Settlement Land subject to that commercial timber permit with the consent of the affected Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out terms and conditions. CROSS REFERENCED CLAUSES: 17.10.1, 17.10.5, 17.13.1 Responsibility Activities Timing TH Review application for access from a holder of a Upon application and commercial timber permit. Determine whether prior to access access will be granted. TH Notify applicant of decision in writing. Within a reasonable time TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 290 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access to Settlement Land -- Holders of timber harvesting agreements RESPONSIBLE TH PARTY: PARTICIPANT: Surface Rights Board, AGREEMENT holder LIAISON: OBLIGATIONS ADDRESSED: 17.10.4 The holder of a timber harvesting agreement shall have a right of access to cross and make necessary stops on Settlement Land to reach the adjacent land or to reach Settlement Land subject to the timber harvesting agreement with the consent of the affected Yukon First Nation, or failing consent, with an order of the Surface Rights Board setting out terms and conditions. CROSS REFERENCED CLAUSES: 17.10.3, 17.10.5, 17.13.1 Responsibility Activities Timing TH Review application for access from the holder of Upon receipt of a timber harvesting AGREEMENT. Determine application and prior to whether access will be granted. access TH Notify applicant of decision in writing. Within a reasonable time TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 291 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Notice of public tender for Forest Resources Management or forest protection within TH Traditional Territory RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 17.14.1 Government shall, at the time it publicly invites tenders for Forest Resources Management or forest protection within a Yukon First Nation’s Traditional Territory, provide a written notice of the tender to that Yukon First Nation. CROSS REFERENCED CLAUSES: 22.5.10, 22.6.6 Responsibility Activities Timing Government, Develop contracting arrangements and Within 6 months of TH procedures that will include contacts, timelines, Effective Date or as and information requirements. soon thereafter as the parties agree is reasonable Government Consistent with the arrangements and procedures As contracts are provide written notice to TH of any public tendered tenders for Forest Resources Management or forest protection within TH Traditional Territory. 292 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Contracts associated with Forest Resources Management and silviculture within TH Traditional Territory RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 17.14.2.2 Government shall provide written notice to the Tr’ondëk Hwëch’in of any public tender for contracts associated with Forest Resources Management within the Traditional Territory of the Tr’ondëk Hwëch’in. 17.14.2.3 Government shall include the Tr’ondëk Hwëch’in in any invitational tender for contracts associated with Forest Resources Management within the Traditional Territory of the Tr’ondëk Hwëch’in. 17.14.2.4 The Tr’ondëk Hwëch’in shall have the first opportunity to accept any contract offered by Government, other than by public or invitational tender, associated with silviculture within the Traditional Territory of the Tr’ondëk Hwëch’in upon the same terms and conditions as would be offered to others. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.4; 17.14.1, 17.14.2.1, 17.14.2.5, 17.14.2.6, 17.14.2.7, 17.14.2.12 Responsibility Activities Timing TH, Develop contracting arrangements and Within 6 months of the Government procedures including contacts, timelines, and Effective Date or as information requirements. soon thereafter as the parties agree is reasonable Government Consistent with the arrangements and procedures, As contracts are notify TH of any public or invitational tender for offered contracts associated with Forest Resources Management within TH Traditional Territory being offered by Government. 293 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Consistent with the arrangements and procedures, As contracts are provide TH with the first opportunity to accept offered any contract associated with silviculture within TH Traditional Territory offered by Government other than by public or invitational tender. TH Consistent with the arrangements and procedures, Within timelines provide response to Government whether to specified in accept or reject offer or whether TH will submit a arrangements and proposal. procedures 294 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Criteria for silviculture contracts within TH Traditional Territory RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 17.14.2.8 Government shall include a criterion for employment of Tr’ondëk Huch’in or engagement of Tr’ondëk Hwëch’in Firms in any contract opportunities associated with silviculture in the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.4; 17.14.2.9, 17.14.2.12 Responsibility Activities Timing Government, Jointly develop criteria for employment of Within 6 months of TH Tr’ondëk Huch’in and engagement of TH Firms Effective Date or as and identify the specifics as to how the criteria soon thereafter as the will be included into the contracting process. parties agree is reasonable Government Include a criterion for employment of Tr’ondëk As contract Huch’in or engagement of TH Firms in any opportunities are silviculture contract opportunities in TH identified Traditional Territory. Planning Assumption 1. Government retains ultimate responsibility for contracting associated with silviculture. 295 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Hiring of Tr’ondëk Huch’in to fight forest fires RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 17.14.2.10 Where Government requires Extra Fire Fighters to fight forest fires within the Traditional Territory of the Tr’ondëk Hwëch’in it shall, where practicable, hire Tr’ondëk Huch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.4; 17.14.2.11, 17. 14.2. 12 Responsibility Activities Timing Government, Develop arrangements for Til to provide Extra Within 6 months of TH Fire Fighters to fight forest fires in TH Effective Date or as Traditional Territory. These arrangements will soon thereafter as the include required contacts and timelines. parties agree is reasonable TH Develop and maintain list of Tr’ondëk Huch’in Ongoing available to fight forest fires. This will also list qualifications. Government Notify TH of requirement to hire Extra Fire As necessary Fighters in accordance with arrangements developed. TH Notify Government of available Tr’ondëk As necessary Huch’in in accordance with the arrangements developed. 296 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Identification of economic and employment opportunities associated with fighting forest fires in TH Traditional Territory RESPONSIBLE Government, TH PARTY: PARTICIPANT: None identified LIAISON: OBLIGATIONS ADDRESSED: 17.14.2.11 Government shall, prior to April 1st of each year, Consult with the Tr’ondëk Hwëch’in with a view to identifying economic and employment opportunities for Tr’ondëk Huch’in associated with fighting forest fires in the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.4; 17.8.3, 17.14.2.12 Responsibility Activities Timing Government, Develop arrangements and procedures for Within 6 months of TH Consultation identifying contacts, timelines, and Effective Date or as any other information required by TH and soon thereafter as the Government. parties agree is reasonable Government Notify TH and provide information in In accordance with the accordance with arrangements and procedures. timelines set out in the arrangements and procedures TH Prepare and present views. Within reasonable time as set out in the arrangements and procedures Government Provide full and fair consideration of the views In accordance with presented by TH. Identify economic and timelines set out in employment opportunities for Tr’ondëk Huch’in arrangements and associated with fighting forest fires. Provide procedures outcome to TH. 297 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The Consultation process may be addressed in the transitional arrangements developed pursuant to 17.8.3. 298 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Conflicts between exercise of Mineral Right and exercise of Specified Substances Right RESPONSIBLE TH PARTY: PARTICIPANT: Surface Rights Board, holder of a Mineral Right LIAISON: OBLIGATIONS ADDRESSED: 18.1.2 In the event that there is conflict between the exercise of the Specified Substances Right and the exercise of the Mineral Right, either the Yukon First Nation or the Person having the Mineral Right may apply to the Surface Rights Board. CROSS REFERENCED CLAUSES: 18.1.1, 18.1.3 (all), 18.1.4 Responsibility Activities Timing TH or holder of Contact other party and attempt to resolve dispute When a conflict arises a Mineral Right over conflicting exercise of rights. over exercise of identified rights If agreement is not reached: TH or holder of At discretion, refer dispute to Surface Rights As necessary a Mineral Right Board. TH and holder Prepare for and participate in Surface Rights In accordance with of a Mineral Board process. Surface Rights Board Right rules 299 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Location of alternative Quarries by Government on Non-Settlement Land RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 18.2.4 Where reasonable and practicable to do so, Government shall endeavour to eliminate the use of Quarry sites on Settlement Land by locating an alternative Quarry on Non-Settlement Land. CROSS REFERENCED CLAUSES: 18.2.6, 18.2.6.3, 18.2.6.4, 18.2.7 Responsibility Activities Timing Government Consider whether the use of any existing Quarries As soon as practicable situated on Settlement Land could be eliminated or upon the request of by locating an alternative Quarry on Non- TH Settlement Land. Provide the results of that analysis to TH. TH If TH has concerns regarding the analysis, contact As soon as practicable Government requesting further information, after the analysis is provided Government In response to TH’s inquiry, provide additional As soon as practicable information, following the request Government Where reasonable and practical to do so, As soon as practicable eliminate use of existing Quarries on Settlement Land. Government Communicate results to TH. Following elimination of the use of a Quarry 300 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing If all existing Quarries on Settlement Land have not been eliminated following the initial analysis: Government Consider whether the use of any remaining From time to time, Quarries situated on Settlement Land could be upon the request of TH eliminated by locating an alternative Quarry on Non-Settlement Land. Provide the results of that analysis to TH. TH If TH has concerns regarding the analysis, contact As soon as practicable Government requesting further information, after the analysis is provided Government In response to TH’s inquiry, provide additional As soon as practicable information, following the request Government Communicate results to TH. Following elimination of the use of a Quarry Planning Assumption 1. Government shall notify TH prior to undertaking new projects or activities that may affect the use of existing Quarries on Settlement Land. 301 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Further identification of Quarries on Settlement Land RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 18.2.5 Where Government has not identified adequate Quarries for public purposes before the final land selections have been signed by the negotiators to that Yukon First Nation Final AGREEMENT, that Yukon First Nation Final Agreement shall set out: 18.2.5.1 a time period for further identification of any Quarry on Settlement Land which, unless the parties to that Yukon First Nation Final Agreement otherwise agree, shall be two years from the Effective Date of the Yukon First Nation Final AGREEMENT; 18.2.5.2 the area within the Traditional Territory that is subject to further identification of Quarries on Settlement Land; and (a) The following Parcels of Tr’ondëk Hwëch’in Settlement Land are subject to further identification of Quarries pursuant to 18.2.5.2: (i) Parcel R-14A; (ii) those portions of Parcel R-1 8A lying within one kilometre of the centre line of the 60 metre right-of-way for the road known as the Dawson Road and shown approximately by a dashed line designated as Dawson Road on Territorial Resource Base Maps 115 0/2 and 115 0/7, in Appendix B Maps which forms a separate volume to this AGREEMENT; (iii) those portions of Parcel R-20A lying within one kilometre of the centre line of the 60 metre right of-way for the road known as the Bonanza Road; (iv) those portions of Parcel R-22B lying within one kilometre of the centre line of the 30 metre right-of-way for the road known as the North Fork Road East and shown approximately by a dashed line designated as North Fork Road East on Territorial Resource Base Maps 115 0/15,1150/16,116 B/i, and 116 B/2 in appendix B - Maps, which forms a separate volume to this AGREEMENT; 302 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: (v) those portions of Parcel R-79B lying within one kilometre of the centre line of the right-of-way for the Major Highway known as the Klondike Highway; (vi) those portions of Parcel R-80B lying within one kilometre of the centre line of the 30 metre right-of-way for the road known as the North Fork Road East and shown approximately by a dashed line designated as North Fork Road East on Territorial Resource Base Maps 115 0/15, 115 0/16, 116 B/i and 116 B/2, in Appendix B - Maps, which forms a separate volume to this AGREEMENT; as identified in Appendix A - Settlement Land Descriptions, attached to this AGREEMENT, and in Appendix B - Maps, which forms a separate volume to this AGREEMENT. 18.2.5.3 a process for Consultation with the Yukon First Nation in the further identification of Quarries on Settlement Land. (a) Government shall provide the Tr’ondëk Hwëch’in with a written notice setting out the location of the Quarry on Settlement Land that Government proposes to identify, the information which was used by Government in deciding to propose to identify that Quarry and the public purposes for which the Quarry is required. (b) Within 60 days of receipt of the notice described in (a), the Tr’ondëk Hwëch’in shall provide Government with its views on Government’s proposal to identify that Quarry and may request a meeting with Government to present those views. (c) Government shall, if requested, meet with the Tr’ondëk Hwëch’in to discuss its proposed identification of that Quarry and review the establishment of Quarries on Non Settlement Land. (d) Government shall consider fully and fairly the views presented by the Tr’ondëk Hwëch’in and shall provide, to the Tr’ondëk Hwëch’in, its response in writing to those views and its decision on identification of that Quarry. CROSS REFERENCED CLAUSES: 18.2.3, 26.3.1.3 303 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Identify Quarries on Settlement Land specified in No later than 2 years 18.2.5.2 (a) taking into consideration 18.2.3. from the Effective Date Yukon Provide TH with written notice setting out No later than 2 years location of proposed Quarries, the information from the Effective Date used to identify proposed Quarries, and the public purpose for which the proposed Quarries are required. TH Prepare and present views in writing to Yukon Within 60 days of and, at discretion, request a meeting with Yukon. receipt of notice from Yukon Yukon If TH requests, meet with TH to discuss the As soon as practicable proposed identification of the Quarries and after receiving request review the establishment of Quarries on Non Settlement Land. Yukon Provide full and fair consideration of views After TH presents its presented. Provide TH with written response to views TH views. Yukon Make final decision regarding identification of Within a reasonable Quarries, taking into account the views of TH. period of time Provide TH with written notice of decision. 304 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Yukon use and restoration of specified Quarries on Settlement Land RESPONSIBLE Yukon PARTY: PARTICIPANT: TH, Surface Rights Board LIAISON: OBLIGATIONS ADDRESSED: 18.2.6 Unless otherwise provided in a Yukon First Nation Final AGREEMENT, the following terms and conditions respecting a Quarry on Settlement Land identified under 18.2.2 or 18.2.5 shall apply: 18.2.6.1 Government shall have the exclusive use of Quarries and the right to take any Construction Materials required from such Quarries without the agreement of or compensation for such use or taking to the affected Yukon First Nation; 18.2.6.2 Government shall use a Quarry in accordance with commonly accepted land use standards and shall endeavour to minimize interference with other uses of the Settlement Land; 18.2.6.3 on ending its use of a Quarry, Government shall, if required by the affected Yukon First Nation, restore the Quarry in accordance with commonly accepted land use standards including, as appropriate, clean-up, drainage, erosion control, re-contouring, overburden replacement, and replanting of vegetation so that the Quarry will blend in with the local landscape and vegetation; and 18.2.6.4 where a dispute arises over the use or restoration of a Quarry by Government, either Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board. CROSS REFERENCED CLAUSES: 18.2.2, 18.2.5 (all), 18.2.10 Responsibility Activities Timing Yukon Use Quarry and associated specified substances in As required for public accordance with commonly accepted land use purposes standards, taking reasonable steps to minimize interference with other uses of Settlement Land. Yukon Notify TH of intention to abandon use of Quarry. Prior to ending use TH Review notice and determine if site restoration is Upon receipt of notice appropriate. 305 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN TH Notify Yukon of decision regarding need for site As soon as practicable restoration. Yukon If required by TH, restore Quarry in accordance As appropriate with 18.2.6.3. If dispute arises over use or restoration of Quarry by Yukon: Yukon or TH At discretion, refer any dispute to Surface Rights Within a reasonable Board. period of time Yukon or TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 306 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Government use of other Quarries on Settlement Land RESPONSIBLE Government, TH PARTY: PARTICIPANT: Surface Rights Board LIAISON: OBLIGATIONS ADDRESSED: 18.2.7 Where Government needs a Quarry and no suitable alternative Quarry is available on Non Settlement Land in the surrounding area, a Yukon First Nation shall allow Government to establish and work a Quarry on Settlement Land which has not been identified under 18.2.2 or 18.2.5 and take Construction Materials required for public purposes from the Quarry under such terms and conditions as may be agreed by Government and the affected Yukon First Nation including compensation to that Yukon First Nation for the Construction Materials taken. 18.2.8 If the Yukon First Nation and Government are unable to reach agreement on Government’s need for a Quarry or on whether there is a suitable alternative Quarry or on the terms and conditions for Government’s use of a Quarry under 18.2.7 within 30 days of Government’s request for the use of the Quarry, Government or the affected Yukon First Nation may refer the dispute to the Surface Rights Board. 18.2.9 When the Surface Rights Board determines that Government does not need a Quarry on Settlement Land or that a suitable alternative on Non-Settlement Land is available, the Surface Rights Board shall deny Government the right to work the Quarry. CROSS REFERENCED CLAUSES: 18.2.2, 18.2.4, 18.2.5 (all), 18.2.10 Responsibility Activities Timing Government Notify TH that a Quarry is required for public As necessary purposes and that no suitable Quarry is available on Non-Settlement Land. Government Attempt to reach agreement on need to use Within 30 days of and TH Quarry and on appropriate terms and conditions notification by for Government use. Government 307 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Establish and work Quarry according to terms If agreement is reached and conditions agreed upon. with TH within 30 days OR Government Abandon proposal to use Quarry on Settlement If no AGREEMENT Land. reached with TH within 30 days OR Government or Refer dispute to the Surface Rights Board. If no AGREEMENT TH reached with TH within 30 days Government or If an application is made to the Surface Rights In accordance with TH Board, prepare for and respond to the application. Surface Rights Board rules Planning Assumption 1. The terms and conditions agreed upon between TH and Government pursuant to 18.2.7 may include requirements for restoration of the Quarry. 308 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Government use of Construction Materials from a Quarry on Settlement Land RESPONSIBLE Government PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 18.2.10 Unless Government and the affected Yukon First Nation otherwise agree, Government may use Construction Materials removed from a Quarry on Settlement Land only for public purposes either within the Yukon or no further than 30 kilometres beyond the boundaries of the Yukon. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Government Notify TH of desire to use materials from As required Quarries on Settlement Land for non-public purposes or public purposes more than 30 km beyond Yukon boundaries and seek consent of the TH. TH Consider request and notify Government of Upon request from decision, including proposed terms and Government conditions if applicable. Government Use Quarry as agreed. With consent of TH OR Government Abandon proposal for use. If consent not obtained from TH 309 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access to Settlement Land with the consent of TH for the exercise of Mineral Rights RESPONSIBLE TH PARTY: PARTICIPANT: Surface Rights Board, Person having a New or Existing Mineral Right LIAISON: OBLIGATIONS ADDRESSED: 18.3.3 Any Person having an Existing Mineral Right on Settlement Land who does not have a right of access to Settlement Land under 18.3.1, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that right, to cross and make necessary stops on Settlement Land 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. 18.3.4 Any Person having an Existing Mineral Right on Non-Settlement Land who does not have a right of access to Settlement Land under 18.3.1, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that right, to cross and make necessary stops on Settlement Land 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. 18.4.3 Any Person having a New Mineral Right on Category B or Fee Simple Settlement Land who does not have a right of access under 18.4.1 or 18.4.2, or a right of access included in the right described in 5.4.2, has a right of access, for purposes of exercising that New Mineral Right, to use, cross and make necessary stops on Settlement Land 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. 18.4.4 Any Person having a New Mineral Right on Non-Settlement Land who does not have a right of access under 18.4.1, or a right of access included in a right described in 5.4.2, has a right of access, for purposes of exercising that New Mineral Right, to cross and make necessary stops on Settlement Land 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: 5.4.2 (all), 18.3.1 (all), 18.3.5 (all), 18.3.6, 18.4.1 (all), 18.4.2, 18.4.5 (all), 18.5.0 (all) 310 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Receive request for access to Settlement Land As required prior to from holder of a Mineral Right. Determine access whether or not access will be granted. TH Notify holder of a Mineral Right of decision. Within a reasonable time TH If an application is made to the Surface Rights In accordance with Board, prepare for and respond to the application. Surface Rights Board rules 311 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Property Tax Assistance RESPONSIBLE Canada PARTY: PARTICIPANT: Yukon, TH, taxation authority LIAISON: OBLIGATIONS ADDRESSED: 20.7.1 During a 10-year transitional period beginning with the year following the year in which a Yukon First Nation Final Agreement is signed, Canada shall assist that Yukon First Nation with the payment of Property Taxes on any Settlement Land of that Yukon First Nation that are subject to Property Taxes while owned by that Yukon First Nation, net of any homeowner’s grants. The assistance shall be 100 percent in year one, decreasing by 10 percentage points per year, to 10 percent in year 10. During such time, Canada shall have the same rights in respect of any assessment of taxes as a property owner. 21.2.2 Any residence of a Yukon Indian Person which is occupied as a personal residence on Fee Simple Settlement Land, and which otherwise meets the criteria, shall be deemed to be owner-occupied for the purposes of any homeowner’s grant programs available from time to time, notwithstanding that title to the lands on which the residence is situated, is held by a Yukon First Nation or Yukon First Nation Corporation. CROSS REFERENCED CLAUSES: 21.2.1, 21.2.3, 21.2.5, 21.5.1, THSGA 14.9, 14.10 The Parties have agreed that the ten-year period during which property taxation assistance will be provided by Canada will commence on the Effective Date of the THFA. It was further confirmed that the Parties would support a proposal to amend the Umbrella Final Agreement to reflect the approach outlined on this activity sheet for implementing the Property Tax Assistance provisions. It is understood that an amendment will be put forward for consideration at a time in the future when it becomes necessary for the parties to the Umbrella Final Agreement to consider other amendments to the Umbrella Final AGREEMENT. The activities which follow immediately below are organized in two groupings: the first, for what will occur during the year of the Effective Date and the second, for what will occur in subsequent years. In the year of the Effective Date 312 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Provide taxation authority and TH with a list of No later than 90 days TH properties subject to property tax for the year after the Effective Date of the Effective Date or portion thereof, showing estimated taxes. Yukon Provide TH with application form for any Yukon No later than 90 days homeowner’s grant, requesting information after the Effective Date concerning occupancy of residential properties on Fee Simple Settlement Land for that taxation year. TH If applying for Yukon homeowner’s grant, return No later than 180 days completed application form to taxation authority after Effective Date or when paying taxes. Pay taxes to taxation July 2, whichever is the authority net of any eligible Yukon homeowner’s later grant for eligible properties. AND In subsequent years for which the property taxation assistance regime applies: Responsibility Activities Timing Taxation Each year, provide TH with an application form By May 15 of each authority for any Yukon homeowner’s grant (attached to year the tax notice), requesting information concerning occupancy of residential properties on Fee Simple Settlement Land for that taxation year. TH If applying for Yukon homeowner’s grant, return By July 2 of each year completed application form to taxation authority when paying taxes to receive the homeowner’s grant for eligible properties as a deduction from the tax bill; OR 313 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Return completed application form to Yukon, to By February 15 of the receive the homeowner’s grant for eligible year following the year properties as a refund after the taxes have been for which the paid. application for homeowner’s grant is being made TH Pay taxes to taxation authority. By July 2 of each year Yukon If the Yukon homeowner’s grant was not Annually, within a deducted from TH’s tax bill at the time the taxes reasonable time were paid by TH, pay to TH the amount of the following receipt of Yukon homeowner’s grant for which TH is TH’s homeowner’s eligible, grant application form. Further activities for implementing this obligation are set out immediately below, again in two groupings: the first, for what will occur if the Effective Date falls on January 1 and the second, for what will occur if the Effective Date falls on January 2 or a later date during the year. If the Effective Date falls on January 1: Responsibility Activities Timing Canada Prepare a multi-year funding arrangement with TB As soon as practicable to reimburse property taxes less homeowners grant after Effective Date received, and forward the multi-year funding arrangement to the TH. TH Return signed multi-year funding arrangement to As soon as practicable Canada. after signing multi-year funding arrangement TH Provide to Canada evidence of the amounts of As soon as practicable property taxes paid and homeowner’s grants after both the property received by TH for each calendar year. taxes are paid and the homeowner’s grant is received by TH, in the year of the Effective Date and each subsequent year for nine years 314 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Canada Following receipt of information from TH about Annually, as soon as the amount of property taxes paid and practicable after receipt homeowner’s grant received by TH in a calendar of information from TH year, calculate the amount of the assistance to be paid. Canada Pay to TH the calculated amount of assistance As soon as practicable pursuant to the multi-year funding arrangement. OR If the Effective Date falls on a day between January 2 and December 31 inclusive: Responsibility Activities Timing Canada Prepare a multi-year funding arrangement with TH As soon as practicable to reimburse property taxes less homeowners grant after Effective Date received, and forward the multi-year funding arrangement to the TH. TH Return signed multi-year funding arrangement to As soon as practicable Canada. after signing multi-year funding arrangement TH Provide to Canada evidence of the amounts of As soon as practicable property taxes paid and homeowner’s grants after both the property received by TH for each calendar year. taxes are paid and the homeowner’s grant is received by TH, in the year of the Effective Date and each subsequent year for ten years Canada Following receipt of information from TH about Annually, as soon as the amount of property taxes paid and practicable after receipt homeowner’s grant received by TH in a calendar of information from TH year, calculate the amount of the assistance to be paid using the applicable formula set out in the planning assumptions section of this activity plan. Canada Pay to TH the amount of assistance stipulated in As soon as practicable the multi-year funding arrangement. 315 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. The May 15 and July 2nd dates referenced in the timing for activities above are deadlines established in the current Assessment and Taxation Act, R.S.Y. 1986, c. 10, for the issuance of tax notices and payment of taxes, respectively. Similarly, the February 15 date referenced is the deadline established in the current Home Owners Grant Act, R.S.Y. 1986, c. 84, for filing applications for Yukon homeowner’s grants in respect of the preceding taxation year. These dates may be subject to change from time to time. 2. Yukon shall develop an application form to be used by Yukon First Nations in respect of any homeowner’s grant programs. 3. Yukon will provide a list of all fee simple properties on TH Settlement Land when the application form for the homeowner’s grant is sent to the TH. As part of the process of applying for the homeowner’s grant, TH will sign a declaration concerning eligibility of properties for the homeowner’s grant. 4. Formulas for Calculation of Property Taxation Assistance: If the Effective Date of the THFA falls on a day other than January 1, the following formulas will be used to calculate the amount of assistance to be paid for each of the ten years for which property taxation assistance is to be paid. The amount of property taxation assistance provided for each of the ten years will be in respect of portions of two calendar years, calculated as follows: X= the number of days in the calendar year from January 1 up to and including the day prior to the Effective Date or the anniversary thereof Y = the number of days remaining in the calendar year, from the Effective Date or anniversary thereof to December31, inclusive; and, T = the amount of the property taxes paid by TH for that taxation year minus the homeowner’s grant received by TH for that year. Assistance YEAR 1: (T x Y/365)x 100% = YEAR2: (TxX/365)x 100%+(TxY/365)x90%= YEAR3: (TxX/365)x 90%+(TxY/365)x80%= YEAR4: (Tx X/365)x 80%+(Tx Y/365)x 70%= YEAR5: (TxX/365)x 70%+(TxY/365)x60%= YEAR 6: (TxX/365)x 60%+(TxY/365)x 50%= YEAR7: (TxX/365)x 50%+(TxY/365)x40%= YEAR 8: (Tx X/365)x 40%+(TxY/365)x30%= YEAR9: (Tx X/365)x 30%+(TxY/365)x 20%= YEAR 10: (TxX/365)x 20%+(TxY/365)x l0%= YEAR11: (TxX/365)xl0%= 316 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Property assessment and taxation of Fee Simple Settlement Land RESPONSIBLE Yukon PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 21.2.1 Fee Simple Settlement Land shall be subject to Laws of General Application respecting Property Taxes, and Government and a Yukon First Nation may agree in a self-government agreement negotiated pursuant to Chapter 24- Yukon Indian Self-Government that Fee Simple Settlement Land is also subject to the power of the Yukon First Nation to levy and collect fees for the use or occupation of Settlement Land, including property taxes. CROSS REFERENCED CLAUSES: 20.7.1,21.1.0,21.2.3,21.2.5 (all); THSGA 14.9 Responsibility Activities Timing Yukon, TH For the first assessment roll prepared following the Prior to finalization of Effective Date, discuss and attempt to reach assessment roll AGREEMENT on tax classifications and assessed values for TH Fee Simple Settlement Land. 317 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Action by taxing authority for non-payment of Property Taxes for Fee Simple Settlement Land RESPONSIBLE Yukon or other taxing authority (“Taxing Authority”) PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 2 1.3.1 Notwithstanding Laws of General Application, Settlement Land held by a Yukon First Nation or any Yukon First Nation Corporation shall not be subject to attachment, seizure or sale for non-payment of Property Taxes. If Property Taxes owing on such Settlement Land remain unpaid for more than two years, the taxing authority may withdraw the delivery of any or all services to such Settlement Land until the outstanding Property Taxes have been paid. 21.3.2 Unless the parties to a Yukon First Nation Final Agreement otherwise agree, if the Property Taxes remain unpaid on Settlement Land six months after the withdrawal of any Local Government Services under 21.3.1, the taxing authority may attach the assets of that Yukon First Nation or any Yukon First Nation Corporation of that Yukon First Nation in addition to all other remedies including the filing of a lien or other instrument against such Settlement Land. CROSS REFERENCED CLAUSES: 21.2.1; THSGA 14.9,14.11 Responsibility Activities Timing Taxing Provide TH or any TH corporation with initial If property taxes are Authority notice, using double registered mail, of the owing on Fee Simple possible withdrawal of delivery of any or all Settlement Land for services to such Fee Simple Settlement Land if more than 18 months taxes are not paid within six months of date of notice. Taxing Notify TH or any TH corporation by way of If taxes remain unpaid Authority double registered letter that services may be withdrawn by a specified date (six months after issuance of initial notice) if taxes are not paid by that date. Taxing Provide notice to TH if Taxing Authority decides If taxes remain unpaid Authority to attach the assets of TH or any TH Corporation six months after the owing the taxes, and/or to initiate other remedies. withdrawal of any Local Government Services 318 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Action by Yukon or Municipality for non-payment by TH for Local Government Services RESPONSIBLE Yukon or Municipality PARTY: PARTICIPANT: TH LIAISON: OBLIGATIONS ADDRESSED: 21.3.3 Unless the parties to a Yukon First Nation Final Agreement otherwise agree, it arrears under any agreement negotiated between the Yukon First Nation and Government for the provision of Local Government Services on Settlement Land remain unpaid for a period of six months, Government may withdraw any or all such services to such land until the outstanding arrears have been paid. 2 1.3.4Unless the parties to a Yukon First Nation Final Agreement otherwise agree, if the arrears remain unpaid six months after the withdrawal of services under 21.3.3, Government may, without the consent of the Yukon First Nation or any Yukon First Nation Corporation, refer the matter to the dispute resolution process under 26.3.0. CROSS REFERENCED CLAUSES: 21.1.0 (all), 26.3.0 (all) Responsibility Activities Timing Yukon or Provide TH with initial notice using double If payment for such Municipality registered mail, of the possible withdrawal of services remains unpaid delivery of Local Government Services on for a period of four Settlement Land if payment not made within two months months of date of notice. Yukon or Notify TH by way of double registered mail, that 30 days after initial Municipality services may be withdrawn by a specified date if notice if arrears are still payment not received. outstanding Yukon or At discretion, refer the matter to dispute resolution If arrears remain unpaid Municipality process under 26.3.0. 6 months after withdrawal of services 319 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Rates for user-pay Local Government Services for TH and any corporation owned or controlled by TH RESPONSIBLE TH, City of Dawson PARTY: PARTICIPANT: Yukon LIAISON: OBLIGATIONS ADDRESSED: 21.4.1.1 Unless otherwise agreed between the Tr’ondëk Hwëch’in and the City of Dawson, the Tr’ondëk Hwëch’in and any corporation owned or controlled by the Tr’ondëk Hwëch’in shall pay the same rates for user-pay Local Government Services in respect of Settlement Land within the Community Boundary as are paid by property owners of the City of Dawson. 21.4.1.2 For greater certainty, any residence of a Yukon Indian Person which is occupied as a personal residence on Tr’ondëk Hwëch’in Settlement Land within the Community Boundary and which otherwise meets the appropriate criteria shall be deemed to be owner-occupied for the purpose of determining the appropriate rates to be paid for user-pay Local Government Services notwithstanding that the land on which the residence is situated is owned by the Tr’ondëk Hwëch’in or a corporation owned or controlled by the Tr’ondëk Hwëch’in. 21.4.1.3 Any residence of a Yukon Indian Person which is occupied as a personal residence on Tr’ondëk Hwëch’in Fee Simple Settlement Land, and which otherwise meets the criteria, shall be deemed to be owner occupied for the purposes of any programs providing rebates of charges for user-pay Local Government Services for which property owners of the City of Dawson are eligible, notwithstanding that title to the lands on which the residence is situated is held by the Tr’ondëk Hwëch’in or a corporation owned or controlled by the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: THSGA 26.0 (all) Responsibility Activities Timing TH, City of At the request of either party, attempt to reach agreement At discretion Dawson on the rates to be paid for Local Government Services by TH or any corporation owned or controlled by TH. City of Dawson If no AGREEMENT, ensure rates for user-pay Local After Effective Government Services which are billed to TH or any Date corporation owned or controlled by TH are the same as would be paid by property owners in the City of Dawson. 320 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Payment of outstanding Property Taxes on TH Settlement Land situated inside the Community Boundary of the City of Dawson RESPONSIBLE TH PARTY: PARTICIPANT/ City of Dawson LIAISON: OBLIGATIONS ADDRESSED: 21.6.1.2 The Tr’ondëk Hwëch’in shall pay Property Taxes outstanding as of the Effective Date of this Agreement on Tr’ondëk Hwëch’in Settlement Land situated inside the Community Boundary of the City of Dawson. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH Pay outstanding Property Taxes on TH Settlement Within 30 days of the Land situated inside the Community Boundary of Effective Date the City of Dawson. 321 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of an economic development opportunities plan RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 22.3.1 As soon as practicable after the completion of the IMPLEMENTATION plan for a Yukon First Nation Final AGREEMENT, the parties to each Yukon First Nation Final Agreement shall develop a plan for Yukon Indian People to take advantage of economic development opportunities generated by that Settlement AGREEMENT, which plan may be completed either before or after a Yukon First Nation Final AGREEMENT. 22.3.2 The plans shall include recommendations to: 22.3 .2.1 maximize opportunities for training and identify the experience that Yukon Indian People will require to take advantage of the economic opportunities generated by Settlement Agreements; 22.3.2.2 maximize the use of available financial and technical resources; and 22.3.2.3 identify the funding requirements and measures necessary to stimulate community level economic activity. 22.3.2.4 identify opportunities for Tr’ondëk Huch’in in harvesting activities and opportunities for the Tr’ondëk Hwëch’in to make investments in the areas described in 22.3.3.4 CROSS REFERENCED CLAUSES: 15.7.1.2, 22.3.3.4, THFA IMPLEMENTATION Plan 15.7.1.1 Activity Sheet Responsibility Activities Timing TH Notify Canada and Yukon of intention to After the Effective establish tripartite planning group to prepare an Date economic development opportunities plan. 322 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Parties Establish planning group, develop workplan As soon as practicable including timelines and identify resources upon receipt of notice required to complete the economic development opportunities plan. Parties Identify Government programs that may be Concurrent with accessed to assist TH to participate in this development of the planning process. workplan Planning group Develop the economic development In accordance with opportunities plan taking into account all factors timelines set out in the listed. workplan Planning group Present draft of the economic development In accordance with opportunities plan and associated timelines set out in the recommendations to the Parties. workplan Parties Review draft of the economic development In accordance with opportunities plan and associated timelines set out in the recommendations and submit comments to the workplan planning group. Planning group Incorporate the comments of the Parties and In accordance with present final draft of the economic development timelines set out in the opportunities plan and associated workplan recommendations to the Parties for approval. Parties Approve the economic development In accordance with opportunities plan and associated timelines set out in the recommendations. workplan Planning Assumptions 1. The economic development opportunities plan will take into account existing economic development priorities of the TH. 323 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 2. The workplan may include provision for public participation. 3. Nothing in the economic development opportunities plan shall be construed to impose an obligation on Government or TH to implement the recommendations of the economic development opportunities plan. 324 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Facilitating of training and professional development of Yukon Indian People so they will have access to public service employment opportunities RESPONSIBLE TH, Yukon, Canada PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 22.4.1 Where public service employment opportunities exist, Government shall assist in facilitating training and professional development of Yukon Indian People so that they will have access to such employment opportunities, with particular emphasis on increasing over a reasonable period of time the number of Yukon Indian People in technical, managerial and professional positions within the public service. CROSS REFERENCED CLAUSES: 22.2.2, 22.9.1; Chapter 22 Schedule A Part 11.0; 28.3.3,28.3.3.5, 28.9.1 Responsibility Activities Timing Government, Exchange information regarding TH training Within six months after TH needs and priorities, and regarding the options the Effective Date or as available whereby Government can assist in soon thereafter as the facilitating training and professional development parties agree is of Yukon Indian People. Establish arrangements reasonable to take advantage of any viable options. Planning Assumptions 1. The parties understand that the Government employment plan required pursuant to Chapter 22 Schedule A Part I 1.0 will be the primary mechanism to address how the obligation set out in 22.4.1 will be met. The activities set out above are intended to be interim arrangements for the period prior to completion of the government employment plan. 2. The options to be explored for Government to assist in facilitating training and professional development of Yukon Indian People may include secondments, 325 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN identification of spaces in Government training programs, mentoring and/or job shadowing, such as are applicable to the training need being addressed and are available from time to time. 3. The activities set out above will be carried out by Canada and Yukon in separate processes with TH. 4. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 326 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Explore ways of making apprenticeship programs more flexible and promote greater participation by Yukon Indian People RESPONSIBLE TH, Yukon PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 22.4.2 The Yukon and Yukon First Nations jointly shall explore ways to make apprenticeship programs more flexible, and to promote greater participation by Yukon Indian People in such programs, and shall examine other means of providing training for employment. CROSS REFERENCED CLAUSES: 22.2.2, 22.9.1, Chapter 22 Schedule A Part 11.0; 28.3.3.5 Responsibility Activities Timing TH, Yukon Develop a workplan, including contacts, At the request of TH timelines and information requirements to enable and within 6 months of the parties to explore ways to make the Effective Date or as apprenticeship programs more flexible. soon thereafter as the parties agree is reasonable TH, Yukon Assess employment opportunities within the As established in the trades sector. workplan TH, Yukon Contact trade unions to encourage their As established in the participation in the review of apprenticeship workplan programs. TH, Yukon Review existing apprenticeship training programs As established in the to assess their effectiveness in promoting greater workplan participation by Yukon Indian People. 327 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, Yukon As may be required, and to the extent practicable, Following review and modify existing programs or develop new within two years of programs to assist in achieving the goal of greater Effective Date participation. TH, Yukon Provide for a regular review of effectiveness of Ongoing apprenticeship training programs. Planning Assumptions 1. The activities set out above may be carried out in coordination with other YFNs as they carry out the same or similar activities, in order to avoid duplication of efforts. 2. Trade unions establish training programs and apprenticeship opportunities and they should be encouraged to participate in the review and planning processes. 3. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 328 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Notice of tenders to TH by the Yukon RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.5.1 The Yukon, at the time it publicly invites tenders, shall provide written notice to those Yukon First Nations who have indicated a wish to be advised of public tenders. Where bidders’ lists or similar methods are used, the Yukon shall notify those Yukon First Nations who have indicated their interest in contracting and their ability to supply the tendered goods or services. CROSS REFERENCED CLAUSES: 22.2.2, 22.5.2, 22.5.6, 22.5.7, 22.5.8 Responsibility Activities Timing TH Advise Yukon that TH wishes to be notified of At discretion public tenders and of their interest in receiving contract information. Yukon Provide available public information with respect As soon as practicable to public tenders and contracting. after notification TH If interested in contracting, provide information At discretion regarding ability to supply goods and services, for inclusion on bidders’ or source lists. Yukon Provide written notice of public tenders to TH if At the time Yukon they have indicated a wish to be advised of public publicly invites tenders tenders. Yukon Where the above-noted bidders’ lists or similar At the time Yukon methods are used, notify TH if it is on such lists, invites tenders 329 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. Additions to the source lists made between release periods can be accessed by TH through the Yukon’s Contract Administration Branch. 2. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 330 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Information on non-public contracts RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.5.3 The Yukon shall provide information on a regular basis to Yukon First Nations on contracts awarded which were not advertised for public tender. CROSS REFERENCED CLAUSES: 22.2.2 Responsibility Activities Timing Yukon Supply TH with a copy of the list of contracts as As soon as practicable tabled annually in the Legislature. after annual tabling Planning Assumptions 1. If lists of contracts are generated on a more frequent basis, Yukon will provide as available. 2. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 331 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Inclusion of TH on federal contract lists RESPONSIBLE Canada PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.5.4 For contracts to be awarded in the Yukon, Canada undertakes to include on contract lists those qualified Yukon First Nations who have indicated an interest in contracting. 22.5.5 A Yukon First Nation may request information from a federal contracting authority on contracts awarded in the Yukon. Where such information is publicly available, the authority shall make all reasonable efforts to provide the requested information. CROSS REFERENCED CLAUSES: 22.2.2,22.5.6 Responsibility Activities Timing TH Advise Canada if TH is interested in being At discretion included on contract lists in Yukon. Canada Provide information with respect to contracting As soon as practicable and qualifications that may be required, including after TH request the standing offer agreements process. TH Notify Canada of qualifications and other At discretion relevant information when indicating on which contract list TH wishes to be included. Canada Notify TH if TH included on specific contract At request of TH lists. Canada Provide publicly available information with As soon as practicable respect to contracts that have been awarded in after TH request Yukon. 332 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 333 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Access to Government contracting and registration RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.5.6 At the request of Yukon Indian People, Government shall provide information on how to access Government supply and services contracts and standing offers, and how to register on lists or inventories which Government uses for contracting. 22.5.7 Where practicable, provision of information in 22.5.6 shall be through seminars and workshops. 22.5.8 Government shall ensure that Yukon Indian People and Yukon First Nations’ corporations are advised on how to access Government contracting, and that such individuals and businesses are given full opportunity to be registered on any lists or inventories Government uses for contracting purposes. CROSS REFERENCED CLAUSES: 22.2.2, 22.5.1, 22.5.4 Responsibility Activities Timing Government Provide information to Tr’ondëk Huch’in and/or At request of Tr’ondëk TH corporations regarding access to contracts, Huch’in and/or TH standing offer agreements and how to register on corporations lists or inventories. Government Provide this information through seminars/ Where practicable workshops. Planning Assumptions 1. For the purposes of this clause, Tr’ondëk Huch’in may by represented by TH. 2. When seminars/workshops are arranged, there may be an initial consultation process between TH and Government with respect to the content and delivery of the information. 334 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 3. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 335 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Structuring contracts to a manageable size RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.5.10 The Yukon shall, where reasonable, make best efforts to structure contracts, on both Settlement Land and Non-Settlement Land, so that they are of a size manageable by small businesses. CROSS REFERENCED CLAUSES: 22.2.2, 22.5.3 Responsibility Activities Timing Yukon Where reasonable, make best efforts to Ongoing structure contracts so that they are of a size manageable by small business. TH Based on contracting information provided At discretion under 22.5.3, and if TH has concerns that a particular contract does not meet the objectives of 22.5.10, contact Yukon identifying concerns and requesting further information. Yukon In response to TH’s inquiry as to why As soon as practicable contract in question was not structured of a after TH identifies size manageable by small businesses, respond concerns to TH concerns and provide additional information. Planning Assumption 1. The Parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 336 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Assisting Yukon Indian People to invest in public corporations RESPONSIBLE Government PARTY: PARTICIPANT/ TH, Yukon Indian People LIAISON: OBLIGATIONS ADDRESSED: 22.6.1 Subject to 22.2.0, Government shall assist Yukon Indian People to make investments in public corporations. CROSS REFERENCED CLAUSES: 22.2.0, 22.6.5, 22.6.6 Responsibility Activities Timing Government Provide list of public corporations and At request of TH information as may be available respecting existing investment opportunities. TH, Yukon Request assistance from Government. When interested in Indian People making investments in public corporations Government Consider request and identify options for Within a reasonable practicable form(s) of assistance. period of time following the request TH, Yukon Review the options and attempt to reach Indian People, AGREEMENT on the assistance to be provided. Government Government Provide assistance as agreed upon. Planning Assumptions 1. For the purposes of this clause, Yukon Indian People may be represented by a YFN or by a corporate entity established either by an individual YFN or by YFNs collectively. 2. Activities under this clause may be cross-referenced with input from regional economic development plans pursuant to Chapter 22 Schedule A Part I 3.0. 3. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 337 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Participation of TH corporations with Yukon Development Corporation RESPONSIBLE Yukon Development Corporation, TH corporations PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 22.6.4 Yukon First Nation corporations may participate with the Yukon Development Corporation in economic opportunities, and such participation may include, but is not limited to, joint ventures, partnerships and equity participation in subsidiary corporations. CROSS REFERENCED CLAUSES: 22.2.2, 22.6.6, Chapter 22 Schedule A Part I 5.0 Responsibility Activities Timing TH corporations At discretion, discuss participation of TH After Effective Date and Yukon corporations and Yukon Development Development Corporation in economic opportunities such Corporation as joint ventures, partnerships and equity participation in subsidiary corporations. TH corporations or At discretion, propose participation in When the opportunity Yukon specific economic opportunities. arises Development Corporation TH corporations or At discretion, review proposal. Respond to Within a reasonable Yukon initiating party; accept or decline proposal. time period Development Corporation TH corporations Proceed with joint participation in economic If proposal accepted by and Yukon opportunity. both parties Development Corporation 338 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 339 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: TH participation in acquisition or disposal of Yukon Development Corporation business ventures RESPONSIBLE Yukon Development Corporation PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.6.5 Yukon First Nations shall be offered an opportunity to participate in all ventures where the Yukon Development Corporation seeks public participation in the acquisition or disposal of a business venture. CROSS REFERENCED CLAUSES: 22.2.2, 22.6.1, 22.6.6 Responsibility Activities Timing Yukon Where the Yukon Development Corporation In sufficient time to Development seeks public participation in the acquisition or enable TH to fully Corporation disposal of a business venture, notify TH of consider the opportunity to participate and provide relevant opportunity information. TH At discretion, research feasibility of participation After notification of in acquisition or disposal of business venture, business opportunity TH At discretion, participate in acquisition or As appropriate disposal of business venture with the Yukon Development Corporation. Planning Assumption 1. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 340 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment of procedures for joint capital planning RESPONSIBLE TH, Government PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: 22.6.6 Government and Yukon First Nations shall establish, to the extent practicable, procedures for joint capital planning. CROSS REFERENCED CLAUSES: 22.5.0 (all), 22.6.1, 22.6.4, 22.6.5; Chapter 22 Schedule A Part I 2.0 (all), 4.0 (all), 5.0 (all), 7.0 (all) Responsibility Activities Timing TH, Designate senior officials to meet to establish At the request of one of Government procedures, to the extent practicable, for joint the Parties capital projects planning for departments, agencies, crown corporations and TH. TH, Discuss common interests and mutual priorities. Government TH, As agreed, establish procedures including As practicable Government negotiations, studies, sharing of information, review of procedures. TH, Designate senior officials to meet to establish At the request of one of Government procedures, to the extent practicable, for joint the Parties public finance for departments, agencies, crown corporations and TH. TH, Discuss common interests and mutual priorities. Government TH, As agreed, establish procedures including As practicable Government negotiations, studies, sharing of information, and review of procedures. 341 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. 22.6.6 is to be used as a single window process for facilitating cooperation between the Parties in meeting the intentions of various provisions of the AGREEMENT. This should be a high priority for the Parties. The first bilateral discussion deals with procedures for public works and infrastructure developments for Government and YFNs. The second bilateral discussion relates to planning for public finance for Governments and YFNs. While related, they should be addressed separately. 2. There shall be two separate processes -- one for Yukon and one for Canada. 342 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Review of Yukon Economic Strategy RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 22.7.2 The Yukon shall ensure that at least one-quarter of the delegates invited to attend the annual review of the Yukon Economic Strategy are Yukon Indian People or their representatives. CROSS REFERENCED CLAUSES: 22.2.2 Responsibility Activities Timing Yukon Notify YFNs of review of Yukon Economic As required Strategy. Request names of delegates. TH Provide Yukon with names of delegates. As required Yukon Invite delegates and ensure that at least one As required quarter of total delegates are Yukon Indian People or their representatives. Planning Assumptions 1. The requirements of this clause shall be a criterion in the normal process of arranging the review of the Yukon Economic Strategy. 2. The parties acknowledge that this activity will be carried out within existing budgets of Government. Nothing in Chapter 22, however, restricts Government from allocating additional funds to carry out this activity. 343 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Development of plan regarding representative public service RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 1.1 Government shall develop and implement a plan which will include measures designed to attain the goals of: 1.1.1 a representative public service located in the Yukon, taking into account the aboriginal/non-aboriginal and gender make-up of the population of the Yukon; and 1.1.2 a representative public service located within the Traditional Territory of the Tr’ondëk Hwëch’in that reflects the aboriginal/non-aboriginal make-up of the population of the Yukon. 1.2 Government shall Consult with the Tr’ondëk Hwëch’in in developing the plan. 1.3 The plan shall be prepared within two years of the Effective Date of this AGREEMENT. 1.5 The plan shall provide for periodic review. 1.6 The plan may provide for: 1.6.1 training; 1.6.2 public information; 1.6.3 counselling; 1.6.4 work place support; 1.6.5 targeted recruiting; 1.6.6 the designation of positions to be held by aboriginal people; 1.6.7 preferences in hiring; 344 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 1.6.8 measures to manage the effect of the Government plan on the ability of the Tr’ondëk Hwëch’in to recruit and retain qualified employees; and 1.6.9 such other measures as may reasonably contribute to achieving the goal of a representative public service. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; 22.4.1,22.4.2; Chapter 22 Schedule A Part I 1.4, 1.7 (all) Responsibility Activities Timing Government Initiate and develop a proposal for a plan As soon as practicable designed to attain the above stated goals. Notify after Effective Date, in TH of intention to develop plan, provide details sufficient time to allow of proposal and arrange for meeting of parties. the plan to be completed within 2 years of the Effective Date TH, Discuss proposal for plan and develop outline of Within a reasonable Government plan. time following notification to TH Government Develop a draft plan and forward to TH. As soon as practicable TH Prepare and present its views. Within a reasonable period of time Government Complete the plan, providing full and fair Within 2 years of the consideration of views presented. Effective Date Planning Assumptions 1. It is understood that TH’s primary interests will be in the Traditional Territory and therefore the initial steps in the plan should focus on TH Traditional Territory. 2. Both Governments will be undertaking their own plans, with appropriate coordination between the two Governments. 345 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consolidation of plan regarding representative public service RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part 1 1.4 Government may consolidate the plan, after Consultation with the Tr’ondëk Hwëch’in, with any other similar plan required by another Yukon First Nation Final AGREEMENT, provided the consolidation does not adversely affect the benefits of Tr’ondëk Huch’in set out in the plan. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part I 1.1 Responsibility Activities Timing Government Notify TH of desire to consolidate the plan with If Government intends other plans. Provide details and request to consolidate the plan comments. TH Prepare and present views, considering whether Within a reasonable the consolidation will adversely affect benefits of time period Tr’ondëk Huch’in set out in the plan. Government Provide full and fair consideration of views presented. Government, Determine whether the consolidation would Following Consultation TH adversely affect the benefits to Tr’ondëk Huch’in set out in the plan. Government At discretion, and if it is determined that there are Following Consultation no adverse effects to TH, consolidate the plans. Planning Assumptions 1. This activity may be initiated at the request of TH. 2. Both Governments will be undertaking their own plans pursuant to Chapter ‘22 Schedule A Part 1 1.1. 346 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Review of public service job descriptions RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 1.7 Government shall review job descriptions and other requirements for public service positions to ensure that: 1.7.1 implicit or explicit cultural bias is eliminated in the hiring and promotional process; and 1.7.2 employment requirements are reasonable relative to the work, and free of standards and requirements that unfairly reduce the opportunities for Tr’ondëk Huch’in and other residents of the Traditional Territory of the Tr’ondëk Hwëch’in to obtain employment and to receive promotions. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part I 1.1 (all) Responsibility Activities Timing Government Review job descriptions in the public service for After Effective Date employees in the Yukon. Notify TH when review completed. Government Make available to TH the conclusions of the At request of TH review, including information with respect to the approach followed in making any changes to job descriptions or other requirements for public service positions. Planning Assumption 1. It is anticipated that when reviewing job descriptions, Government will consider relevant information gathered during the development of the plan under Chapter 22 Schedule A Part 1.1. 347 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of a Project agreement where Yukon has jurisdiction to issue a Decision Document RESPONSIBLE Yukon, TH, Project proponent, Canada PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 2.2 Where the Yukon has the jurisdiction to issue a Decision Document for a Project in the Traditional Territory of the Tr’ondëk Hwëch’in which is reviewed by a panel of YDAB, the Yukon Minister may require in the Decision Document that the Project proponent, the Tr’ondëk Hwëch’in and the Yukon negotiate a Project AGREEMENT. 2.3 Project agreements referred to in 2.2 may include: 2.3.1 employment opportunities for Tr’ondëk Huch’in; 2.3.2 business opportunities for the Tr’ondëk Hwëch’in or for Tr’ondëk Huch’in, including contracts and the provision of goods and services; 2.3.3 investment opportunities for the Tr’ondëk Hwëch’in, including equity purchase; and 2.3.4 other measures to mitigate negative socio-economic effects of the Project on the Tr’ondëk Hwëch’in or Tr’ondëk Huch’in. 2.4 The provisions in 2.2 shall expire on January 1, 2020, unless the parties to this Agreement agree to extend the period of the application of 2.2. CROSS REFERENCED CLAUSES: 2.11.8; Chapter 2 Schedule B 4.1, 4.1.5; Chapter 22 Schedule A Part I 2.1 Responsibility Activities Timing Yukon At discretion of the Yukon Minister, where Until Jan. 1, 2020, Yukon has jurisdiction to issue a Decision unless the parties agree Document reviewed by a panel of YDAB, to extend the period of include a provision in Decision Document to the application of 2.2 require TH, Yukon and the proponent to negotiate a Project AGREEMENT. 348 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon, TH, Negotiate Project AGREEMENT. If required by Decision Project Document proponent Canada, Yukon, Enter agreement to extend period of application If agreed to by Parties TH of 2.2. Planning Assumptions 1. In developing government information or forms to be provided to prospective developers, Government will consider including information that encourages developers to discuss their projects with affected YFNs during the initial planning stages and prior to any reviews by a panel of YDAB. 2. Yukon will consult with TH before requiring in a Decision Document that the proponent, TH and Yukon negotiate a Project AGREEMENT. 349 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of a Project agreement where TH has jurisdiction to issue a Decision Document RESPONSIBLE TH, Project proponent PARTY: PARTICIPANT/ Yukon LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part 1 2.5 Subject to 12.13.4, where the Tr’ondëk Hwëch’in has jurisdiction to issue a Decision Document for a Project in the Traditional Territory of the Tr’ondëk Hwëch’in which is reviewed by a panel of YDAB, the Tr’ondëk Hwëch’in may require in the Decision Document that the Project proponent and the Tr’ondëk Hwëch’in negotiate a Project AGREEMENT. 2.6 Project agreements referred to in 2.5 may include: 2.6.1 employment opportunities for Tr’ondëk Huch’in; 2.6.2 business opportunities for the Tr’ondëk Hwëch’in or Tr’ondëk Huch’in including contracts and the provision of goods and services; 2.6.3 investment opportunities for the Tr’ondëk Hwëch’in including equity purchase; and 2.6.4 other measures to mitigate negative socio-economic effects of the project on the Tr’ondëk Hwëch’in or Tr’ondëk Huch’in. 2.7 At the request of the Tr’ondëk Hwëch’in and the Project proponent, the Yukon may agree to be a party to the negotiation of a Project AGREEMENT. CROSS REFERENCED CLAUSES: 2.11.8; Chapter 2 Schedule B, 4.1,4.1.5; 12.13.4, Chapter 22 Schedule A Part I 2.1 Responsibility Activities Timing TH At discretion of the TH, where TH has As required jurisdiction to issue a Decision Document reviewed by a panel of YDAB, include a provision in Decision Document to require TH, and the proponent to negotiate a Project AGREEMENT. 350 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH, proponent At discretion, forward request to Yukon to be a Prior to the party to the negotiations. Provide details, commencement of negotiations Yukon Respond to request. As soon as practicable after receipt of request If Yukon agrees to be a party to the negotiations: TH, Yukon, Negotiate Project AGREEMENT. As necessary proponent OR If Yukon decides not to be a party to the negotiations: TH, proponent Negotiate Project AGREEMENT. As necessary 351 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Preparation of a regional economic development plan for TH Traditional Territory RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ City of Dawson, commercial and industrial interests, other residents of LIAISON: TH Traditional Territory OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 3.1 No later than two years after the Effective Date of this AGREEMENT, Government and the Tr’ondëk Hwëch’in shall jointly undertake the preparation of a regional economic development plan for the Traditional Territory of the Tr’ondëk Hwëch’in. 3.2 Government and the Tr’ondëk Hwëch’in shall provide the opportunity to involve the City of Dawson, existing commercial and industrial interests within the Traditional Territory of the Tr’ondëk Hwëch’in, and other residents of the Traditional Territory of the Tr’ondëk Hwëch’in in the preparation of the regional economic development plan. 3.3 The regional economic development plan shall: 3.3.1 examine the state of the economy in the Traditional Territory of the Tr’ondëk Hwëch’in; 3.3.2 assess the potential for development in the areas of communication, culture, transportation, agriculture, energy, renewable and nonrenewable resources and tourism in the Traditional Territory of the Tr’ondëk Hwëch’in; 3.3.3 recommend appropriate types of economic development activities which are consistent with the principles of Sustainable Development; 3.3.4 recommend priorities for economic development in the Traditional Territory of the Tr’ondëk Hwëch’in; 352 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 3.3.5 recommend measures to integrate the Tr’ondëk Hwëch’in economic development opportunities plan required pursuant to 22.3.1 with the regional economic development plan for the Traditional Territory of the Tr’ondëk Hwëch’in; 3.3.6 recommend measures to integrate the regional economic development plan with other relevant economic plans and strategies, including any economic plans and strategies prepared by or on behalf of Government; 3.3.7 recommend actions which Government and the Tr’ondëk Hwëch’in should take to implement the regional economic development plan; 3.3.8 recommend whether limits or other restrictions are required for commercial activities within the scope of Part II of this schedule, and if limits or other restrictions are required, recommend what those limits or restrictions should be; 3.3.9 provide for periodic review and evaluation of the regional economic development plan; and 3.3.10 recommend a process of amendment for the regional economic development plan. 3.4 Nothing in 3.1, 3.2, and 3.3 shall be construed to impose on Government or the Tr’ondëk Hwëch’in an obligation to implement the recommendations of the regional economic development plan. 3.5 Nothing in the regional economic development plan shall be construed to: 3.5.1 prevent the Tr’ondëk Hwëch’in or Tr’ondëk Huch’in from accessing or making use of economic development programs of general application available to a Yukon resident or a Canadian citizen; or 3.5.2 restrict access by Tr’ondëk Huch’in to any other employment or training position available outside the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 22.3.1, Chapter 22 Schedule A Part I 4.1,4.2; Chapter 22 Schedule A Part II 353 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Notify Canada and Yukon of intention to After the Effective establish tripartite planning group to prepare a Date and in sufficient regional economic development plan for TH time to commence Traditional Territory, preparation of the regional economic development plan within two years of the Effective Date Parties Establish planning group, develop workplan As soon as practicable including timelines and identify resources after receipt of notice required to complete the regional economic development plan. Parties Provide opportunity to involve the City of Concurrent with Dawson, existing commercial and industrial development of the interests within TH Traditional Territory and workplan other residents of TH Traditional Territory in the preparation of the regional economic development plan. Parties Identify Government programs that may be Concurrent with accessed to assist TH to participate in this development of the planning process. workplan Planning group Develop the regional economic development plan In accordance with taking into account all factors listed. timelines set out in the workplan Planning group Present draft of the regional economic In accordance with development plan and associated timelines set out in the recommendations to the Parties. workplan Parties Review draft of the regional economic In accordance with development plan and associated timelines set out in the recommendations and submit comments to the workplan planning group. Planning group Incorporate the comments of the Parties and In accordance with present final draft of the regional economic timelines set out in the development plan and associated workplan recommendations to the Parties for approval. Parties Approve the regional economic development plan In accordance with and associated recommendations. timelines set out in the workplan 354 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumptions 1. The regional economic development plan will take into account existing economic development priorities of the TH. 2. Nothing in the regional economic development plan shall be construed to impose an obligation on Government or TH to implement the recommendations of the regional economic development plan. 355 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of economic development agreements RESPONSIBLE Government, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 4.1 Government may enter into economic development agreements with the Tr’ondëk Hwëch’in which provide: 4.1 .1 technical and financial assistance for economic development purposes to residents of the Traditional Territory of the Tr’ondëk Hwëch’in and to organizations, businesses and corporations owned by those residents, the Tr’ondëk Huch’in or the Tr’ondëk Hwëch’in; 4.1.2 for the participation of the Tr’ondëk Hwëch’in in the planning, management, administration and decision making of those programs and services; and 4.1.3 for measures to implement recommendations of the regional economic development plan. 4.2 Government and the Tr’ondëk Hwëch’in shall take into consideration the regional economic development plan developed pursuant to 3.0, if completed, when negotiating an economic development agreement referred to in 4.1. 4.3 Economic development agreements referred to in 4.1: 4.3.1 shall describe the purposes for which technical and financial assistance may be used; 4.3.2 may provide for a financial contribution by the Tr’ondëk Hwëch’in, consistent with the ability of the Tr’ondëk Hwëch’in to contribute; and 4.3.3 may provide for a financial contribution by Government for the purposes of the agreements. 4.4 The Tr’ondëk Hwëch’in shall nominate no less than one third of the members of any joint planning, management, advisory, or decision making body established pursuant to an economic development agreement referred to in 4.1. 356 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; 22.6.6, Chapter 22 Schedule A Part I 3.0 Responsibility Activities Timing Government, At discretion of any Party, initiate request to After the Effective TH negotiate economic development agreements. Date Government, Assess need to negotiate economic development TH AGREEMENT. Government, Respond to request to enter negotiations. Within a reasonable TH period of time Government, If agreed, negotiate economic development As required TH agreements taking into consideration regional economic development plan developed pursuant to 3.0, if plan completed. TH, Nominate members of any joint planning, As required pursuant to Government management, advisory or decision making body the economic established pursuant to an economic development development AGREEMENT. AGREEMENT 357 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Negotiation of terms and conditions for acquiring interest in a Project RESPONSIBLE TH, Proponent PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.2 The Tr’ondëk Hwëch’in shall have the option to acquire up to 25 percent of the interest of a Proponent in a Project. 5.4 Subject to 5.5 and 5.6, and after notice has been given under 5.7.2, the Proponent and the Tr’ondëk Hwëch’in, at the request of the Tr’ondëk Hwëch’in, shall negotiate the terms and conditions of the Tr’ondëk Hwëch’in acquiring its interest in a Project. 5.5 At any time at least 270 days after notice has been given under 5.7.2, the Proponent may provide in writing to the Tr’ondëk Hwëch’in an offer setting out all the proposed terms and conditions of the Tr’ondëk Hwëch’in acquiring its interest pursuant to 5.2 in the Project. 5.6 The offer referred to in 5.5 shall be open for acceptance by the Tr’ondëk Hwëch’in for 30 days, and, failing acceptance of the offer, the option described in 5.2 shall lapse, and the Proponent shall have no further obligation to the Tr’ondëk Hwëch’in under 5.0 for that Project. 5.7 The Proponent shall, as soon as practicable: 5.7.1 give notice to the Tr’ondëk Hwëch’in of completion of all studies of and investigations into the feasibility of a Project and make those studies available to the Tr’ondëk Hwëch’in; and 5.7.2 give notice to the Tr’ondëk Hwëch’in of receipt of all regulatory approvals required to start construction of a Project. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 22.6.6; Chapter 22 Schedule A Part 1 5.1, 5.3 (all), 5.8, 5.9, 5.11 (all) 358 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Proponent Notify TH about any proposed Projects within Annually and TH Traditional Territory, preferably at least six months prior to offering an option to TH Proponent Provide general information with respect to At request of TH and proposed Projects. within a reasonable period of time after request Proponent Provide notice to TH of completion of all studies As soon as practicable and investigations into the feasibility of a Project. Proponent Make studies available to TH. At request of TH Proponent Provide notice to TH of receipt of all regulatory As soon as practicable approvals, after receipt of regulatory approvals TH, Proponent Enter into negotiations regarding terms and After Proponent conditions of acquiring an interest in the Project. provides above notice, and after request by TH Proponent Provide to TH a written offer setting out terms At least 270 days after and conditions for acquiring an interest in the notice of receipt of all Project. regulatory approvals has been given to TH TH At discretion, accept offer. Within 30 days of written offer Planning Assumption 1. If both parties agree to do so, the Proponent and TH may enter into discussions prior to the receipt of all regulatory approvals concerning acquisition of an interest in a Project by the TH. 359 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Offer to purchase TH interest in a Project RESPONSIBLE TH PARTY: PARTICIPANT/ Proponent LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.9 Unless otherwise agreed by all the parties owning an interest in a Project, the Tr’ondëk Hwëch’in, upon receipt of a bona fide offer to purchase all or a portion of the interest it acquired in the Project pursuant to 5.2, which offer it is ready and willing to accept, shall communicate, in writing, the terms of the offer to the Proponent, which shall have the first right to purchase that interest or portion thereof at the price and on the terms set out in the offer. 5.10 The Proponent may exercise the first right to purchase set out in 5.9 at any time during 30 days from the date on which it receives notice of the bona fide offer, by advising the Tr’ondëk Hwëch’in in writing of its intention to exercise the right and to complete the purchase of the interest or portion thereof within the following 100 days. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 22.6.6, Chapter 22, Schedule A Part I 5.1, 5.2 Responsibility Activities Timing Unless otherwise agreed by all the parties owning an interest in a Project: TH Upon receipt of a bona fide offer to purchase TH As necessary interest, if willing to accept the offer, communicate terms of the offer to the Proponent in writing. Proponent Advise TH in writing of its intention to exercise Within 30 days after Proponent’s first right to purchase, if Proponent receipt of the notice of decides to exercise this right. terms of offer Proponent Complete purchase of interest or portion. Within 100 days after giving notice of intention to buy the TH interest 360 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Acquisition by TH of an interest in a project in accordance with Chapter 22 Schedule A Part I 5.12 RESPONSIBLE TH, Yukon, its agency or corporation (“Yukon”) PARTY: PARTICIPANT/ Proponent LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.12 Nothing in 5.0 shall be construed to prevent the Tr’ondëk Hwëch’in and the Yukon, its agencies and corporations from entering into an agreement whereby the Tr’ondëk Hwëch’in acquires an interest in an addition to, or improvement of, a non-renewable resource development or hydro-electric project or infrastructure not existing at the Effective Date of this AGREEMENT. 5.12.1 Unless the Tr’ondëk Hwëch’in and the Yukon, its agency or corporation otherwise agree, the terms and conditions upon which the Tr’ondëk Hwëch’in acquires an interest in an addition to, or improvement of, a non-renewable resource development or hydro-electric project or infrastructure not existing at the Effective Date of this Agreement shall be no less favourable than the terms and conditions applying to all parties, including the Proponent, acquiring any interest in that addition to, or improvement of, a non-renewable resource development or hydro electric project or infrastructure. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 22.6.6 Responsibility Activities Timing TH, Yukon At discretion, negotiate agreement whereby TH As necessary acquires an interest in a project referred to in Chapter 22 Schedule A Part I 5.12. 361 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Construction or development of North Fork Hydro Project RESPONSIBLE Yukon, its agency or corporation (“Yukon”) PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.13.1 If the Yukon, or an agency or corporation of the Yukon, decides to proceed with the North Fork Hydro Project, it shall invite the Tr’ondëk Hwëch’in to make a proposal to build or develop the North Fork Hydro Project, and all such proposals received shall be assessed according to criteria included in the request for proposals. 5.13.2 For greater certainty, the Yukon, or an agency or corporation of the Yukon, may develop or build the North Fork Hydro Project by proposal, bid or tender. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part 15.14,5.15 Responsibility Activities Timing If Yukon decides to proceed with North For Hydro Project: Yukon, TH Develop contracting arrangements and At least 6 months prior procedures that will include contacts, timelines, to construction of and information requirements. North Fork Hydro Project or as soon thereafter as the parties agree is reasonable Yukon Develop the request for proposals for the North As necessary Fork Hydro Project and request proposal from TH. TH At discretion, submit proposal. Within a reasonable time following request for proposals 362 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Assess proposal according to criteria set out in Within a reasonable the request for proposals. period of time following receipt of proposal 363 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Notice of public and invitational tenders for contracts associated with the construction of the North Fork Hydro Project. RESPONSIBLE Yukon, its agency or corporation (“Yukon”) PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.14 If the Yukon, or an agency or corporation of the Yukon, decides to proceed with the North Fork Hydro Project, it shall provide the Tr’ondëk Hwëch’in with written notice of any public tenders for contracts associated with the construction of the North Fork Hydro Project. 5.14.1 Any failure to provide written notice pursuant to 5.14 shall not affect the public tender process or the contract awards resulting therefrom. 5.15 If the Yukon or an agency or corporation of the Yukon decides to proceed with the North Fork Hydro Project, it shall include the Tr’ondëk Hwëch’in in any invitational tender for contracts associated with the construction of the North Fork Hydro Site. 5.15.1 Any failure to include the Tr’ondëk Hwëch’in in any invitational tender for contracts pursuant to 5.15 shall not affect the invitational tender process or the contract awards resulting therefrom. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part I 5.13 Responsibility Activities Timing If Yukon decides to proceed with North Fork Hydro Project: Yukon, TH Develop contracting arrangements and At least 6 months prior procedures that will include contacts, timelines, to construction of and information requirements. North Fork Hydro Project or as soon thereafter as the parties 364 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Yukon Consistent with the arrangements and procedures As contracts are provide written notice to TH of public and tendered invitational tenders for contracts associated with the construction of the North Fork Hydro Project. 365 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Criteria for public and invitational tenders for contracts associated with the construction of the North Fork Hydro Project. RESPONSIBLE Yukon, its agency or corporation (“Yukon”) PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 5.16 In evaluating any competitive proposal, bid or tender made by the Tr’ondëk Hwëch’in pursuant to the written notice referred to in 5.14 or the invitational tender referred to in 5.15, the Yukon or its agency or corporation shall include among the factors for consideration, Tr’ondëk Huch’in employment, and the Tr’ondëk Hwëch’in and Tr’ondëk Huch’in ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part I 5.14, 5.15, 5.17 Responsibility Activities Timing Yukon, TH Jointly develop criteria to meet the requirements At least 6 months prior of Chapter 22 Schedule A Part I 5.16 and identify to construction of the specifics as to how the criteria will be North Fork Hydro included in the contracting process. Project or as soon thereafter as the parties agree is reasonable Yukon In any public or invitational tenders for contracts As contract associated with the construction of the North opportunities are Fork Hydro Project, include criteria to meet the identified requirements of Chapter 22 Schedule A Part I 5.16. Planning Assumption 1. Yukon retains ultimate responsibility for contracting associated with construction of the North Fork Hydro Project. 366 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Inclusion of criteria for special aboriginal or local knowledge RESPONSIBLE Boards in 2.12.1, Designated Office (12.2.0) PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 6.1 The Boards referred to in 2.12.1 and the Designated Office defined in 12.2.0 shall consider the inclusion of criteria for special aboriginal or local knowledge when establishing specifications for contract opportunities and job descriptions for any employment activities which a Board or a Designated Office may have. 6.2 Nothing in 6.1 shall be construed to mean that a criterion for employment of Tr’ondëk Huch’in shall be the determining criterion in awarding any contract. CROSS REFERENCED CLAUSES: 2.12.1; Chapter 2 Schedule B, 4.1,4.1.5; 12.2.0 (all); UFA IMPLEMENTATION Plan, Annex B, Part I, Board Services and Facilities Responsibility Activities Timing Boards listed in When establishing specifications for contract As necessary 2.12.1, opportunities and job descriptions, consider the Designated inclusion of criteria for special aboriginal or local Office under knowledge. 12.2.0 367 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Agreements to give effect to Chapter 22 RESPONSIBLE Canada, Yukon, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 7.1 The parties to this Agreement may enter into agreements to give effect to recommendations in plans described in this chapter or to otherwise achieve the objectives of 22.1.0. 7.2 An agreement referred to in 7.1 shall state whether, and if so, to what extent, the agreement is binding on the parties to the AGREEMENT. 7.3 Nothing in this Agreement shall be construed to limit the ability of the Tr’ondëk Hwëch’in and the Yukon to make recommendations to, and enter into agreements with, each other respecting the establishment of measures, policies, and programs with the objective of furthering the economic development of resources within the Traditional Territory of the Tr’ondëk Hwëch’in, in a manner which is consistent with the culture, values and identity of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 22.1.0 (all) Responsibility Activities Timing Canada, TH, or Submit request to the other parties to enter into As necessary Yukon agreements to give effect to Chapter 22. Provide details. Other parties Determine whether to accept request of initiating As soon as practicable party. Provide outcome to initiating party. after receipt of request Canada, TH, Proceed with discussions toward the development If the Parties agree to Yukon of agreements. proceed 368 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right of first refusal of TH to operate the Yukon River Campground (“Campground”) RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 8.1 In 8.0, “Campground” means the area known as the Yukon River Campground as shown approximately on Placer Sheet 116 B/3c, dated July 16, 1998, in Appendix B - Maps, which forms a separate volume to this AGREEMENT, and which is operated by the Yukon as a place for camping by the public. 8.2 If the Yukon decides to offer to another Person the opportunity to operate the Campground, it shall first offer the opportunity to operate the Campground to the Tr’ondëk Hwëch’in in the following manner: 8.2.1 the Yukon shall provide written notice to the Tr’ondëk Hwëch’in setting out the criteria which must be met in the operation of the Campground and shall invite the Tr’ondëk Hwëch’in to meet those criteria in its operation of the Campground; 8.2.2 if the Tr’ondëk Hwëch’in does not accept, in writing, the invitation referred to in 8.2.1 within 60 days of its receipt, it shall be deemed to have declined the offer and the Yukon may offer the opportunity to operate the Campground to other Persons upon the same terms and conditions as offered to the Tr’ondëk Hwëch’in; 8.2.3 if no other Person accepts the public offer referred to in 8.2.2, the Yukon may invite the Tr’ondëk Hwëch’in to meet new criteria in its operation of the Campground but in accordance with the procedure set out in 8.2.1 and 8.2.2. 8.3 For greater certainty, nothing in 8.0 shall be construed to prevent the Tr’ondëk Hwëch’in from operating additional campgrounds accepted through an offer to the public. 369 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5 Responsibility Activities Timing Yukon, TH Develop contracting arrangements and Within 6 months of procedures that will include contacts, timelines, Effective Date or as and information requirements. soon thereafter as the parties agree is reasonable Yukon If the Yukon decides to offer to another Person As necessary the opportunity to operate the Campground, provide TH with written notice of opportunity setting out the criteria which must be met in the operation of the Campground. TH Determine whether to exercise its right of first Within 60 days of refusal to operate the Campground in accordance receipt of notice of with the criteria. If accepting offer of opportunity opportunity to operate the Campground, provide Yukon with written acceptance. Yukon If TH does not exercise its right of first refusal to As appropriate operate the Campground in accordance with the criteria, at discretion, offer the opportunity to other Persons upon the same terms and conditions as offered to TH. Planning Assumptions 1. If Yukon decides to offer the opportunity to operate the Campground upon new terms and conditions, this cycle of activities shall repeat. 2. Yukon retains ultimate responsibility for contracting associated with the operation of the Campground. 370 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right of TH to purchase Dome Expansion Area (the “Area”) Lots RESPONSIBLE TH, Developer PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part I 9.1 In 9.0, the following definitions shall apply. “Area” means the lands identified as the Dome Expansion Area on Placer Sheet 116 B/3c in Appendix B - Maps, which forms a separate volume to this AGREEMENT. “Developer” means the Yukon or any party to whom the Yukon has granted the right to subdivide the Area into lots for sale to the public. “Total” means the total number of lots into which the Area is subdivided. 9.2 If the Developer subdivides the Area into lots for sale to the public, it shall provide written notice to the Tr’ondëk Hwëch’in identifying each lot in the Area, setting out the price and the other terms and conditions upon which each lot is being offered to the public and the number of lots which would constitute 30 percent of the Total and inviting the Tr’ondëk Hwëch’in to purchase up to and including that number of lots at the prices and upon the terms and conditions set out therein. 9.3 If the Tr’ondëk Hwëch’in wishes to purchase up to and including 30 percent of the Total, it shall within 30 days of receiving the notice referred to in 9.2, accept, in writing, the Developer’s invitation, failing which acceptance it shall be deemed to have declined the offer set out in 9.2 and the Developer shall have no further obligation to the Tr’ondëk Hwëch’in under 9.0. 9.4 The Tr’ondëk Hwëch’in shall select the lots which it may purchase under 9.2 as follows: (a) the Tr’ondëk Hwëch’in shall first select one lot, and 371 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: (b) the Developer shall then select one lot, and this process shall be repeated until the Tr’ondëk Hwëch’in has selected the number of lots it intends to purchase, which number of lots shall not exceed 30 percent of the Total. 9.4.1 For greater certainty, the Developer may offer for sale to the public all lots in the Area which the Tr’ondëk Hwëch’in does not identify under 9.4. 9.5 If the Tr’ondëk Hwëch’in declines the offer set out in 9.2 or purchases fewer than the number of lots in the Area which it has a first right to purchase under 9.2 and the total remaining lots in the Area are not purchased by the public, the Developer may invite the Tr’ondëk Hwëch’in to purchase the lesser of: (a) the number of lots which would bring the Tr’ondëk Hwëch’in’s ownership of the lots in the Area to 30 percent of the Total, or (b) the number of lots remaining at new prices and upon new terms and conditions but in accordance with the procedure set out in 9.2, 9.3 and 9.4. 9.6 If the Developer chooses to initially offer for sale to the public fewer lots than the number into which he intends to subdivide the Area and then to periodically offer for sale to the public additional lots in the Area, the provisions of 9.2, 9.3, 9.4 and 9.5 shall apply each time the Developer offers those lots for sale. 9.7 Nothing in 9.0 shall be construed to prevent the Tr’ondëk Hwëch’in from acquiring additional lots in the Area through any offer to the public. REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; Responsibility Activities Timing Developer If subdividing the Area into lots for sale to the As necessary public, notify TH in writing providing the price, the terms and conditions upon which each lot is being offered, and other relevant details. 372 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Determine whether to exercise its right to first Within 30 days after purchase up to and including 30 percent of the receipt of notice Total. If exercising its right of purchase, notify Developer of the decision in writing. TH, Developer Select lots in accordance with 9.4. As necessary Developer At discretion, offer remaining lots to public. As necessary If TH declines offer or purchases less than 30 percent of total and if all remaining lots are not purchased by the public: Developer At discretion, invite TH in writing to purchase As necessary the remaining lots in accordance with 9.5 providing the new price and other terms and conditions upon which each lot is being offered. TH Determine whether to exercise its right to first Within 30 days after purchase up to and including 30 percent of the receipt of notice Total or the number of the lots remaining, whichever is the lesser. If exercising its right of purchase, notify Developer of the decision in writing. TH, Developer Select lots in accordance with 9.4. As necessary Developer At discretion, offer remaining lots to public. As necessary Planning Assumption 1. This cycle of activities shall apply each time the Developer offers these lots for sale to the public until TH acquires 30 percent of the total. 373 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right to acquire new licences or permits in the commercial freshwater fishing industry RESPONSIBLE Yukon, TH PARTY: PARTICIPANT/ None identified LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 1.1 The Tr’ondëk Hwëch’in shall have a right of first refusal to acquire licences or permits in respect of commercial freshwater fishing in the Traditional Territory of the Tr’ondëk Hwëch’in as follows: 1.1.1 Government shall offer to the Tr’ondëk Hwëch’in any new licences or permits in respect of commercial freshwater fishing until the Tr’ondëk Hwëch’in and Tr’ondëk Hwëch’in Firms together have been allocated 25 percent of the commercial freshwater fish quota in the Traditional Territory of the Tr’ondëk Hwëch’in. 4.7 The Tr’ondëk Hwëch’in shall apply to Government within one year of the offer of a licence or permit referred to in 1.0, 2.0 and 3.0, failing which the right of first refusal for that licence or permit shall lapse. 4.8 A licence or permit in respect of which a right of first refusal has lapsed under 4.7 shall not be considered a licence or permit offered to the Tr’ondëk Hwëch’in under 1.0, 2.0 or 3.0. 4.9 When the Tr’ondëk Hwëch’in applies for a licence or permit in accordance with 4.7 and satisfies the requirements that otherwise apply to obtaining such a licence or permit, Government shall issue that licence or permit to the Tr’ondëk Hwëch’in. 4.10 A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the number of licences or permits required to be offered to the Tr’ondëk Hwëch’in pursuant to 1.0, 2.0 and 3.0. 4.11 Nothing in 1.0, 2.0 or 3.0 shall be construed to obligate Government to replace a licence or permit obtained by the Tr’ondëk Hwëch’in pursuant to these provisions where the Tr’ondëk Hwëch’in has sold or assigned that licence or permit. 374 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 4.12 Nothing in 1.0, 2.0 and 3.0 shall be construed to prevent the Tr’ondëk Hwëch’in or a Tr’ondëk Hwëch’in Firm from acquiring additional licences or permits through the normal regulatory process. 4.13 The rights of first refusal referred to in 1.1, 2.1 and 3.1 shall expire on January 1, 2020, unless the parties to this Agreement agree to extend the application of those provisions. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part II 4.2,4.4 (all), 4.6 Responsibility Activities Timing Yukon, TH Determine whether TH and TH Firms together After the Effective have been allocated 25 percent of the commercial Date, prior to any new freshwater fishing quota in TH Traditional licences or permits Territory. being issued Prior to January 1. 2020. if the 25 percent allocation has not been met: Yukon Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered Yukon Offer to TH any new licence or permit, When new licences or providing information about the requirements permits are offered that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within one year new licence or permit. following offer of licence or permit Yukon If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period 375 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right to acquire new licences or permits in the commercial wilderness adventure travel industry RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 2.1 If Government places a limit upon the number of licences or permits to be issued in respect of a sector of the commercial wilderness adventure travel industry in the Traditional Territory of the Tr’ondëk Hwëch’in, the Tr’ondëk Hwëch’in shall have a right of first refusal to acquire a portion of those licences or permits as follows: 2.1.1 in the first year that Government places the limit, Government shall offer to the Tr’ondëk Hwëch’in in respect of its Traditional Territory: 2.1.1.1 25 percent of the licences or permits to be issued, less the number of licences or permits required to allow existing operations which are held by Tr’ondëk Hwëch’in Firms to operate at their then existing level, or 2.1.1.2 the number of licences or permits that remain after the then existing operations in the Traditional Territory of the Tr’ondëk Hwëch’in have been issued the licences or permits that are required to allow them to operate at their then existing level, whichever is less; and 2.1.2 in the second year, and in each year thereafter, Government shall offer to the Tr’ondëk Hwëch’in any new licences or permits issued from time to time until the Tr’ondëk Hwëch’in and Tr’ondëk Hwëch’in Firms together have been issued 25 percent of the licences or permits issued from time to time. 376 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 4.7 The Tr’ondëk Hwëch’in shall apply to Government within one year of the offer of a licence or permit referred to in 1.0, 2.0 and 3.0, failing which the right of first refusal for that licence or permit shall lapse. 4.8 A licence or permit in respect of which a right of first refusal has lapsed under 4.7 shall not be considered a licence or permit offered to the Tr’ondëk Hwëch’in under 1.0, 2.0 or 3.0. 4.9 When the Tr’ondëk Hwëch’in applies for a licence or permit in accordance with 4.7 and satisfies the requirements that otherwise apply to obtaining such a licence or permit, Government shall issue that licence or permit to the Tr’ondëk Hwëch’in. 4.10 A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the number of licences or permits required to be offered to the Tr’ondëk Hwëch’in pursuant to 1.0, 2.0 and 3.0. 4.11 Nothing in 1.0, 2.0 or 3.0 shall be construed to obligate Government to replace a licence or permit obtained by the Tr’ondëk Hwëch’in pursuant to these provisions where the Tr’ondëk Hwëch’in has sold or assigned that licence or permit. 4.12 Nothing in 1.0, 2.0 and 3.0 shall be construed to prevent the Tr’ondëk Hwëch’in or a Tr’ondëk Hwëch’in Firm from acquiring additional licences or permits through the normal regulatory process. 4.13 The rights of first refusal referred to in 1.1, 2.1 and 3.1 shall expire on January 1, 2020, unless the parties to this Agreement agree to extend the application of those provisions. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; Chapter 22 Schedule A Part II 4.2, 4.4 (all), 4.6 Responsibility Activities Timing If Government intends to place a limit on the number of licences or permits to be issued in respect of a sector of the commercial wilderness travel adventure industry in TH Traditional Territory: 377 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government, Determine whether TH and TH Firms together After the Effective TH have been allocated 25 percent of the commercial Date, prior to any new wilderness adventure travel industry licences or licences or permits permits in TH Traditional Territory. being issued In the first year that Government places a limit and prior to Jan. 1. 2020. if the 25 percent allocation has not been met: Government Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered Government Offer to TH any new licence or permit, following When new licences or the formula set out in 2.1.1.1 and 2.1.1.2, permits are offered providing information about the requirements that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within one year new licence or permit. following offer of licence or permit Government If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period In the second and subsequent years that Government places a limit and prior to January 1. 2020. if the 25 percent allocation has not been met: Government Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered 378 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing Government Offer to TH any new licence or permit, issued When new licences or from time to time, until TH and TH Firms permits are offered together have been issued 25 percent of the licences or permits, providing information about the requirements that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within one year new licence or permit. following offer of licence or permit Government If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period 379 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right to acquire new licences or permits in the commercial freshwater sports fishing industry RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 3.1 If Government places a limit upon the number of licences or permits to be issued in respect of a sector of the commercial freshwater sports fishing industry in the Traditional Territory of the Tr’ondëk Hwëch’in, the Tr’ondëk Hwëch’in shall have a right of first refusal to acquire a portion of those licences or permits as follows: 3.1.1 in the first year that Government places the limit, Government shall offer to the Tr’ondëk Hwëch’in in respect of its Traditional Territory: 3.1.1.1 25 percent of the licences or permits to be issued, less the number of licences or permits required to allow existing operations which are held by Tr’ondëk Hwëch’in Firms to operate at their then existing level, or 3.1.1.2 the number of licences or permits that remain after the then existing operations in the Traditional Territory of the Tr’ondëk Hwëch’in have been issued the licences or permits that are required to allow them to operate at their then existing level, whichever is less; and 3.1.2 in the second year, and in each year thereafter, Government shall offer to the Tr’ondëk Hwëch’in any new licences or permits issued from time to time until the Tr’ondëk Hwëch’in and Tr’ondëk Hwëch’in Firms together have been issued 25 percent of the licences or permits issued from time to time. 4.7 The Tr’ondëk Hwëch’in shall apply to Government within one year of the offer of a licence or permit referred to in 1.0, 2.0 and 3.0, failing which the right of first refusal for that licence or permit shall lapse. 380 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 4.8 A licence or permit in respect of which a right of first refusal has lapsed under 4.7 shall not be considered a licence or permit offered to the Tr’ondëk Hwëch’in under 1.0, 2.0 or 3.0. 4.9 When the Tr’ondëk Hwëch’in applies for a licence or permit in accordance with 4.7 and satisfies the requirements that otherwise apply to obtaining such a licence or permit, government shall issue that licence or permit to the Tr’ondëk Hwëch’in. 4.10 A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculation of the number of licences or permits required to be offered to the Tr’ondëk Hwëch’in pursuant to 1.0, 2.0 and 3.0. 4.11 Nothing in 1.0, 2.0 or 3.0 shall be construed to obligate Government to replace a licence or permit obtained by the Tr’ondëk Hwëch’in pursuant to these provisions where the Tr’ondëk Hwëch’in has sold or assigned that licence or permit. 4.12 Nothing in 1.0, 2.0 and 3.0 shall be construed to prevent the Tr’ondëk Hwëch’in or a Tr’ondëk Hwëch’in Firm from acquiring additional licences or permits through the normal regulatory process. 4.13 The rights of first refusal referred to in 1.1, 2.1 and 3.1 shall expire on January 1, 2020, unless the parties to this Agreement agree to extend the application of those provisions. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; 16.5.4, Chapter 22 Schedule A Part II 4.2, 4.4 (all), 4.6 Responsibility Activities Timing If Government intends to place a limit on the number of licences or permits to be issued in respect of a sector of the commercial freshwater sports fishing industry in TH Traditional Territory: Yukon, TH Determine whether TH and TH Firms together After the Effective have been allocated 25 percent of the commercial Date, prior to any new freshwater sports fishing quota in TH Traditional licences or permits Territory, being issued 381 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing In the first year that Yukon places a limit and prior to Jan. 1. 2020. if the 25 percent allocation has not been met: Yukon Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered Yukon Offer to TH any new licence or permit, following When new licences or the formula set out in 3.1.1.1 and 3.1.1.2, permits are offered providing information about the requirements that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within one year new licence or permit. following offer of licence or permit Yukon If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period In the second and subsequent years that Yukon places a limit and prior to January 1. 2020. if the 25 percent allocation has not been met: Yukon Notify TH of decision to offer new licences or If new licences or permits. permits are to be offered Yukon Offer to TH any new licence or permit, issued When new licences or from time to time, until TH and Ill Firms permits are offered together have been issued 25 percent of the licences or permits, providing information about the requirements that otherwise apply to obtaining a licence or permit. TH At discretion, accept the offer by applying for the Within one year new licence or permit. following offer of licence or permit Yukon If TH applies and satisfies the applicable Within a reasonable requirements, issue licence or permit. time period 382 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment or amendment of licensing or permitting regimes regarding industries described in Chapter 22 Schedule A Part II, 1.0, 2.0 and 3.0 RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 4.1 Government shall Consult with the Tr’ondëk Hwëch’in when deciding to establish a licensing or permitting regime or when deciding to amend an existing licensing or permitting regime in respect of the industries referred to in 1.0, 2.0 and 3.0 in the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; 16.6.9, 16.6.10, 16.6.10.10; Chapter 22 Schedule A Part 111.0 (all), 2.0 (all), 3.0 (all), 4.4 (all) Responsibility Activities Timing Government Notify TH when Government is considering Prior to making a whether to establish or amend a licensing or decision to establish or permitting regime. Provide details to TH. amend a licensing or permitting regime TH Prepare and present views on proposed Within a reasonable establishment or amendment of a licensing or time indicated by permitting regime. Government Government Provide full and fair consideration of views presented. Government Make decision whether to establish or amend the After Consultation with licensing or permitting regime. TH Government Communicate decision to TH. Following decision Planning Assumption 1. Government may consider establishment or amendment of licensing or permitting regimes and the placement or variation of a limit on the number of licences or permits, as set out by this clause, as a result of recommendations from the Renewable Resources Council pursuant to 16.6.9 and 16.6.10.10. 383 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Establishment or variance of limits applicable to industries described in Chapter 22 Schedule A, Part II, 1.0, 2.0 and 3.0 RESPONSIBLE Government PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 4.2 Government shall Consult with the Tr’ondëk Hwëch’in when deciding to place a limit or vary an existing limit upon the number of licences or permits to be issued in respect of the industries referred to in 1.0, 2.0 and 3.0 in the Traditional Territory of the Tr’ondëk Hwëch’in. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1, 4.1.5; 16.6.9, 16.6.10, 16.6.10.10; Chapter 22 Schedule A Part 111.0 (all), 2.0 (all), 3.0 (all), 4.3 (all), 4.4 (all) Responsibility Activities Timing Government Notify TH when Government is considering Prior to making a establishing or varying a limit on the number of decision to impose a permits and licences. Provide details to TH. limit or to vary existing limits on licences or permits TH Prepare and present views on proposed limit or Within a reasonable variance of existing limits, period of time indicated by Government Government Provide full and fair consideration of views presented. Government Make decision whether to impose limits or vary After Consultation with existing limits. Communicate decision to TH. TH Planning Assumption 1. Government may consider establishing or varying a limit, as set out by this clause, as a result of recommendations from the Renewable Resources Council pursuant to 16.6.9 and 16.6.10.10. 384 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: TH recommendations regarding establishment or amendments to a licensing or permitting regime and placement or variation of a limit regarding industries described in Chapter 22 Schedule A Part II, 1.0, 2.0 and 3.0 RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 4.4 The Tr’ondëk Hwëch’in may, in writing, giving reasons, recommend to the Minister: 4.4.1 the establishment of or amendment to a licensing or permitting regime in respect of the industries referred to in 1.0, 2.0 and 3.0; and 4.4.2 the placement of or variation of a limit upon the number of licences or permits to be issued in respect of the industries referred to in 1.0, 2.0 and 3.0. 4.5 The Minister shall, within 90 days of receipt of a recommendation from the Tr’ondëk Hwëch’in pursuant to 4.4, respond in writing to the Tr’ondëk Hwëch’in, giving reasons for any decision made in respect of that recommendation. CROSS REFERENCED CLAUSES: 2.11.8, Chapter 2 Schedule B 4.1,4.1.5; 16.6.9, 16.6.10, 16.6.10.10; Chapter 22 Schedule A Part 111.0 (all), 2.0 (all), 3.0 (all), 4.1, 4.2, 4.3 Responsibility Activities Timing TH Provide written recommendations to the Minister As necessary on the establishment or amendment to a licensing or permitting regime, or placement or variation of a limit on the number of licences or permits. Government Respond in writing to TH, giving reasons Within 90 days after regarding any decision made in respect of the receipt of written recommendations. recommendations 385 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Planning Assumption 1. Government may consider establishment or amendment of licensing or permitting regimes and the placement or variation of a limit on the number of licences or permits, as set out by this clause, as a result of recommendations from the Renewable Resources Council pursuant to 16.6.9 and 16.6.10.10. 386 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Joint ventures or other arrangements regarding use of a permit or licence for commercial freshwater fishing, commercial wilderness travel or commercial freshwater sports fishing RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 4.6 The Tr’ondëk Hwëch’in may enter into joint ventures or other arrangements with other persons to use the licences or permits issued to the Tr’ondëk Hwëch’in pursuant to 1.0, 2.0 or 3.0. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; Chapter 22 Schedule A Part II 4.9, 4.11 Responsibility Activities Timing TH At discretion, enter into joint ventures or other As necessary arrangements. Planning Assumption 1. Any requirement for notification to Government by TH will be addressed in the licence or permit requirements. 387 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Right to acquire outfitting concessions RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Chapter 22 Schedule A Part II 5.1 The Tr’ondëk Hwëch’in shall have the first right to acquire the next outfitting concession which becomes available in the Traditional Territory of the Tr’ondëk Hwëch’in after the Effective Date of this AGREEMENT. 5.1.1 Upon that outfitting concession becoming available, Government shall give notice in writing to the Tr’ondëk Hwëch’in of that fact and of the terms and conditions upon which that concession might be acquired. 5.1.2 The Tr’ondëk Hwëch’in may exercise the first right to acquire referred to in 5.1, at any time during the 90 days following the date upon which it received the notice referred to in 5.1.1, by advising Government in writing of its intention to exercise that right. 5.1.3 If the Tr’ondëk Hwëch’in fails, within the 90 days following its receipt of the notice referred to in 5.1.1, to advise Government that it wishes to exercise the first right to acquire referred to in 5.1, it shall be deemed to have given notice that it will not be exercising that right. 5.2 For the purposes of 5.0, an outfitting concession becomes available only in the following circumstances: 5.2.1 Government decides to grant a concession in respect of an area, the greatest part of which has never been the subject of any outfitting concession; 5.2.2 Government decides to grant one or more additional concessions in respect of an area which was previously the subject of only one concession; 5.2.2.1 for greater certainty, the realignment of the existing boundaries of two or more adjacent outfitting areas does not result in a new concession becoming available for the purposes of 5.0; 388 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN OBLIGATIONS ADDRESSED: 5.2.3 Government decides to grant a concession in respect of an area, the previous concession in respect of which Government has revoked or refused to renew because of the concession holder’s failure to comply with the Laws of General Application; or 5.2.4 Government decides to grant a concession in respect of an area, the previous concession in respect of which Government has revoked or refused to renew because it was then of the opinion that to do so was necessary for the conservation of wildlife in the area or protection of the public interest. 5.3 The first right to acquire referred to in 5.1 shall expire on January 1, 2020, unless the parties to this Agreement agree to extend the application of this provision. CROSS REFERENCED CLAUSES: Chapter 2 Schedule B 4.1,4.1.5; 16.5.4 Responsibility Activities Timing Yukon Provide notice in writing to TH that an outfitting When the first concession is available and any applicable terms outfitting concession and conditions. becomes available pursuant to 5.2 after the Effective Date and prior to January 1, 2020, unless the Parties agree to extend the application of 5.1 TH Advise Yukon, in writing, of its intention to Within 90 days of exercise its first right to acquire the outfitting receipt of notice from concession. Yukon Yukon Issue outfitting concession to TH. Following receipt of written notice from TH 389 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Calculation of Resource Royalty payments RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH, other YFNs LIAISON: OBLIGATIONS ADDRESSED: 23.2.1 In the event that Canada transfers to the Yukon the authority to receive or to levy and collect royalties in respect of the production of a Resource, the following arrangements shall apply: 23.2.1.1 the Yukon shall, subject to 23.2.2, pay to the Yukon First Nations, annually, an amount equal to, (a) 50 percent of the first two million dollars of any amount by which the Crown Royalty exceeds the Yukon First Nation Royalty, in respect of that year, and (b) 10 percent of any additional amount by which the Crown Royalty exceeds the Yukon First Nation Royalty in respect of that year. 23.2.2 Subject to 23.2.5, the amount due to Yukon First Nations pursuant to 23.2.1 in any year shall not exceed the amount which, if distributed equally among all Yukon Indian People, would result in an average per capita income for Yukon Indian People equal to the Canadian average per capita income. 23.2.4 The amounts due pursuant to 23.2.1 shall be prorated among Yukon First Nations on the same basis as Schedule A - Apportionment of the 1989 Aggregate Value, attached to Chapter 19- Financial Compensation. 23.2.5 The amounts referred to in 23.2.4 shall, in each year, be payable only to those Yukon First Nations who have entered into a Yukon First Nation Final AGREEMENT during or prior to that year. The amounts allocated to Yukon First Nations which have not entered into Yukon First Nation Final Agreements shall not be payable and shall remain vested in the Yukon. 23.2.6 In the event that, following payment, there is determined to have been an overpayment or underpayment to a Yukon First Nation in any year, such variance may be adjusted for in the payment in the following year. CROSS REFERENCED CLAUSES: 23.1.0, 23.2.8, 23.3.1 390 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Provide information to Yukon with respect to the Annually, after production amount on which a Royalty has been devolution of authority paid on Category A Settlement Land and the to Yukon to receive or reasonable costs of collection of TH Royalty. to levy and collect royalties in respect of the production of a Resource Yukon, TH, Review proposals for calculations of the amount Annually other YFNs payable as set out in 23.2.1.1, 23.2.2 and 23.2.4. Yukon Pay amount due to TH and include information Annually, following regarding basis for calculation. first activity Yukon If there has been an overpayment or under Annually payment to TH, adjust payment in following year. Planning Assumptions 1. “All Yukon Indian People” for the purpose of the calculation required in clause 23.2.2 refers to the total number of Yukon Indian People whose names appear on the official enrollment list published prior to the date the payments are due. 2. Canadian average per capita income for any given year will be that published by Statistics Canada for the year preceding the year in which the royalty payments are paid. 3. The Parties will work co-operatively to establish a mechanism for calculating the information required pursuant to 23.2.2. 391 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Granting of fee simple interest within TH Traditional Territory RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: 23.2.3 The Yukon shall Consult with a Yukon First Nation before granting a fee simple interest within that Yukon First Nation’s Traditional Territory in any Resource. CROSS REFERENCED CLAUSES: 23.1.0 Responsibility Activities Timing Yukon Notify TH of application for fee simple interest in Upon receipt of any Resource within TH Traditional Territory. application for a fee Provide details to TH. simple interest in any Resource TH Prepare and present views. Within reasonable time period indicated by Yukon Yukon Provide full and fair consideration to views Before granting the presented. interest Yukon Communicate outcome to TI-I. As soon as practicable Planning Assumption 1. As of Effective Date, Yukon does not grant fee simple interests in any Resource. 392 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Changes to fiscal regime which would affect the Crown royalty regime RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH, other YFNs LIAISON: OBLIGATIONS ADDRESSED: 23.2.7 While the parties to the Umbrella Final Agreement acknowledge that nothing in the Umbrella Final Agreement constitutes any commitment to shared management of the Resources between Government and Yukon First Nations, the Yukon shall Consult with Yukon First Nations before making changes to the fiscal regime which would change the Crown Royalty regime. CROSS REFERENCED CLAUSES: 23.1.0, 23.2.1.1 Responsibility Activities Timing Yukon Notify YFNs of proposal to make changes to the Within a reasonable fiscal regime which would change the Crown period of time in Royalty regime. Provide details, advance, when proposing a change TH Prepare and present views. Within reasonable time period indicated by Yukon Yukon Provide full and fair consideration to views Prior to making presented. amendments to fiscal regime Yukon Communicate decision to TH. Following decision 393 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Change of location of route, road or highway RESPONSIBLE Yukon PARTY: PARTICIPANT/ Settlement Land Committee (“SLC”) LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions 3.2.5 Government, prior to or during the survey of a boundary of a Parcel which is described as a route, road, highway, or right-of-way for a route, road or highway, may, with the consent of the Settlement Land Committee, change the location of that route, road or highway, or right-of-way for a route, road or highway and the boundary of the Parcel shall change accordingly; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Government Seek consent of SLC if proposing to change Prior to or during the route, road, highway or right-of-way for a route, survey of a boundary road or highway that serves as a boundary of a of a Parcel which is Parcel. Provide SLC with details of proposed described as a route, change. road, highway or a right-of-way for a route, road or highway SLC In accordance with SLC arrangements and Within reasonable procedures, consider request for consent. Notify period of time Government of decision. 394 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Rehabilitation of Settlement Land used as a haul road RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions 3.2.6 Government, upon ending its use of a haul road used as part of a Quarrying Right, shall, at the request of the Tr’ondëk Hwëch’in, rehabilitate Settlement Land used as part of that haul road; 3.2.6.1 Where a dispute arises over the rehabilitation by Government of Settlement Land used by Government as a haul road as part of a Quarrying Right, either Government or the Tr’ondëk Hwëch’in may refer the dispute to the Surface Rights Board. CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Notify TH of its intention to end use of a haul After decision made to road used as part of a Quarrying Right. end use of haul road TH Determine if rehabilitation of Settlement Land Following receipt of used as part of the haul road is appropriate. notice TH Notify Yukon of decision regarding need for Within a reasonable rehabilitation of Settlement Land used as part of time indicated by the haul road. Yukon Yukon If requested by TH, rehabilitate Settlement Land Within a reasonable that was used as part of the haul road. time following the TH request If dispute arises over rehabilitation of Settlement Land used as part of the haul road Yukon or TH At discretion, refer dispute to the Surface Rights As necessary Board. 395 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Alteration to Settlement Land to which a Specified Access Right applies RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions 3.2.7 Government has the right for the purposes of maintaining a road, route or right-of-way to which a Specified Access Right applies, to significantly alter Settlement Land to which that Specified Access Right applies with the consent of the Tr’ondëk Hwëch’in, or, failing consent, an order of the Surface Rights Board setting out terms and conditions of such significant alteration; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon If, during the maintenance of a road, route or As necessary right-of-way to which a Specified Access Right applies, it appears necessary to significantly alter TH Settlement Land to which a Specified Access Right applies, notify TH of necessary alterations and provide details. TH Review information provided by Yukon relating Within a reasonable to the alteration of the TH Settlement Land in period of time question to which a Specified Access Right following the applies. Grant or deny consent to alter that TH notification Settlement Land. If consent denied: Yukon At discretion, refer the issue to the Surface Within reasonable Rights Board to set out terms and conditions period of time applicable to such significant alteration. Yukon, TH Prepare for and participate in Surface Rights In accordance with Board process. Surface Rights Board rules 396 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Government closure of all or any portion of a Realigned Roadway RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions 3.2.9 Government may, following Consultation with the Tr’ondëk Hwëch’in, close all or any portion of a Realigned Roadway in which case the Specified Access Right shall no longer apply to the closed Realigned Roadway or any portion thereof, as the case may be; CROSS REFERENCED CLAUSES: Appendix A - Description of Settlement Land 3.2.8 Responsibility Activities Timing Yukon Develop arrangements and procedures When contemplating identifying contacts, timelines, general the closure of all or information guidelines and any other information any portion of a required by the parties to ensure Consultation Realigned Roadway consistent with the AGREEMENT. Yukon Notify TH and provide details of proposal to Prior to initiating the close all or any portion of a Realigned Roadway. process to close all or any portion of a Realigned Roadway TH Prepare and present views. Within a reasonable time period as set out in the arrangements and procedures Yukon Provide full and fair consideration of views After TH views presented by TH. Notify TH of outcome. presented to Yukon 397 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Removal of titles from the register in the Land Titles Office RESPONSIBLE TH PARTY: PARTICIPANT/ Government LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Description of Settlement Land 3.3 Where a Parcel description provides that the Integral Parcel Process shall apply to one or more lots included in the Parcel for which a fee simple title is registered in the Land Titles Office, the following shall apply: 3.3.1 as soon as practicable after the Effective Date of this AGREEMENT, the Tr’ondëk Hwëch’in shall take all necessary steps to remove from the register in the Land Titles office the title to a specified lot and Government shall take all necessary steps to assist the Tr’ondëk Hwëch’in to that end; 3.3.2 the Tr’ondëk Hwëch’in shall not seek to register any instrument against or otherwise deal with the title to a specified lot so long as it is still registered in the Land Titles Office; and 3.3.3 the inclusion of a specified lot in the Parcel shall not be construed as an admission by Government that any aboriginal claims, rights, titles or interests in and to the specified lots which were abrogated by the prior grant by the Crown of fee simple title are or could be revived or recreated; CROSS REFERENCED CLAUSES: Appendix A - Settlement Land Descriptions R-1A, R-14A, R-20A, R 22B, R-58B, R-64B, R-68B, R-69B, R-74B, R-84B, S-SOB, S-99B, S1O4FSID, S-155B, S-21 1B/D, C-7B, C-17B, C-78FS/D, C-79FSID, C-8OFS/D, C81FSID, C-82FS, C-84FSID Responsibility Activities Timing Government Identify process for removal of titles from the Upon request of TH Land Titles Office. Identify where Government can assist TH in this process. 398 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Responsibility Activities Timing TH Take all necessary steps to remove from the As soon as practicable register in the Land Titles Office, the titles to required Lots. Government Assist TH in removing the titles to required Lots. As necessary Planning Assumptions 1. The Integral Parcel Process applies to the following parcels as of Effective Date: R-1A, R-14A, R-20A, R-22B, R-58B, R-64B, R-74B, S-SOB, S-lS5B, S-211B/D, C-7B. 2. The Integral Parcel Process affects the following parcels if, within 24 months of the Effective Date, a specified reduction of the municipal boundary of the City of Dawson occurs: R-20A, R-58B, R-68B, R-69B, R-84B, S-99B, S-1O4FS/D, C-17B, C-78FS/D, C79FSID, C 8OFS/D, C-81FSID, C-82FS, C-84FSID. 399 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Closure of portions of the right-of-way for the Stewart Crossing Dawson Road RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions R-l4A subject to the following Special Conditions: the Yukon shall close those portions of the right-of-way for the Stewart Crossing-Dawson Road shown on Plan 55530 CLSR, 31429 LTO lying within Parcel R-14A; C-14B subject to the following Special Conditions: the Yukon shall close those portions of the right-of-way for the Stewart Crossing-Dawson Road shown on Plan 55530 CLSR, 31429 LTO lying within Parcel C-i 4B; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Close above noted portions of the right-of-way As soon as practicable for the Stewart Crossing-Dawson Road. Yukon Notify TH of closure of the portions of the After the portions of right-of-way for the Stewart Crossing-Dawson the right-of-way for Road. the Stewart Crossing Dawson Road have been closed 400 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Closure of portions of the right-of-way for the Mayo-Dawson Road RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions R-14A subject to the following Special Conditions: the Yukon shall close those portions of the right-of-way for the Mayo Dawson Road lying within Parcel R-14A; R-79B subject to the following Special Conditions: the Yukon shall close those portions of the right-of-way for the Mayo -Dawson Road shown on Plan 38059 CLSR lying within Parcel R-79B; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Close above-noted portions of the right-of-way As soon as practicable for the Mayo-Dawson Road. Yukon Notify TH of closure of the portions of the After the portions of right-of-way for the Mayo-Dawson Road. the right-of-way for the Mayo-Dawson Road have been closed 401 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Closure of a portion of the right-of-way for the Old Top of the World Highway RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions ] S-12B subject to the following Special Condition: the Yukon shall close that portion of the right-of-way for the Old Top of the World Highway lying within Parcel S-l2Bl; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Close that portion of the right-of-way for the Old As soon as practicable Top of the World Highway lying within Parcel S-12B1. Yukon Notify TH of closure of that portion of the After the portion of the right-of-way for the Old Top of the World right-of-way for the Highway. Old Top of the World Highway has been closed 402 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Consultation with Yukon on Existing Heritage Resources RESPONSIBLE TH PARTY: PARTICIPANT/ Yukon LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions S-93B subject to the following Special Conditions: the existing Heritage Resources located on the Parcel shall not be disturbed prior to Consultation with the Heritage Branch of the Yukon; CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing TH Notify Yukon of proposed disturbance of the Within reasonable existing Heritage Resources situated on Parcel period of time prior to S-93B. disturbance Yukon Prepare and present views to TH. Within reasonable period of time indicated by TH TH Provide full and fair consideration of views Within a reasonable presented by Yukon. Notify Yukon of outcome. period of time 403 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Closure of portions of the right-of-way for the Old Dempster Highway RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions S-124B subject to the following Special Condition: the Yukon shall close those portions of the right-of-way for the Old Dempster Highway lying within Parcel S-124B, S-143B subject to the following Special Condition: the Yukon shall close those portions of the right-of-way for the Old Dempster Highway lying within Parcel S-143B1, S-202B subject to the following Special Conditions: the Yukon shall close those portions of the right-of-way for the Old Dempster Highway lying within Parcel S-2O2Bl, S-204B subject to the following Special Condition: the Yukon shall close those portions of the right-of-way for the Old Dempster Highway lying within Parcel S-2O4Bl, CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Close those portions of the right-of-way for the As soon as practicable Old Dempster Highway lying within Parcels S-124B, S-l43B1, S-202B1, and S-204B1. Yukon Notify TH of closure of the portions of the After the portions of right-of-way for the Old Dempster Highway. the right-of-way for the Old Dempster Highway have been closed 404 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Narrowing of right-of- way for the Old Top of the World Highway RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions S-186B subject to the following Special Condition: the Yukon shall narrow, to 30 metres, that portion of the right-of-way for the Old Top of the World Highway shown approximately by a dashed line designated as Old Top of the World Highway on Territorial Resource Base Map 116 C/l lying within Parcel S-186B1, CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Narrow that portion of the right-of-way for the As soon as practicable Old Top of the World Highway shown approximately by a dashed line designated as Old Top of the World Highway on Territorial Resource Base Map 116 C/l lying within Parcel S-l86Bl. Yukon Notify TH of narrowing of the portion of the After the portion of the right-of-way for the Old Top of the World right-of-way for the Highway. Old Top of the World Highway has been narrowed 405 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN PROJECT: Closure of portions of the right-of-way for the Hunker Road RESPONSIBLE Yukon PARTY: PARTICIPANT/ TH LIAISON: OBLIGATIONS ADDRESSED: Appendix A - Settlement Land Descriptions C-3B subject to the following Special Condition: the Yukon shall close those portions of the right-of-way for the Hunker Road shown on Plan 10354 CLSR lying within Parcel C-3B, C-42B subject to the following Special Condition: the Yukon shall close those portions of the right-of-way for the Hunker Road shown on Plan 10354 CLSR lying within Parcel C-42B, CROSS REFERENCED CLAUSES: None identified Responsibility Activities Timing Yukon Close above-noted portions of the right-of-way As soon as practicable for the Hunker Road. Yukon Notify TH of closure of the portions of the After the portions of right-of-way for the Hunker Road. the right-of-way for the Hunker Road have been closed 406 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ANNEX B -- COMMISSIONS, COUNCILS AND COMMITTEES Application This Annex applies as provided herein to the: Regional Land Use Planning Commission Settlement Land Committee Dawson District Renewable Resources Council hereinafter called the “Boards”. Contents This Annex has five parts: Part 1 - General Provisions Part 2 - Board Training and Cross-Cultural Orientation and Education Part 3 - Arrangements for the Provision of Aboriginal Language Services to the Boards Part 4- Board Mandates and Activities Part 5 - Board Budgets and Related Arrangements. These parts, as they apply, are to be read together. Their provisions reflect the agreement of the Parties with respect to the establishment and operation of the Boards, and the related arrangements and activities which the Parties expect to perform in those connections. 407 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Part 1 - General Provisions Initial Nominations and Appointments: Dawson District Renewable Resources Council Each party has a right to nominate Dawson District Renewable Resources Council (“RRC”) members as provided by the THFA in paragraph 2.12.2, 16.6.2 (all), 16.6.4 (all) and 16.6.5 (all). The process of nomination and appointment will require each party to identify, recruit and select nominees in an effective manner. The procedures and criteria to be used in that respect are within the discretion of the nominating party. To establish the initial complement of RRC members, each party should commence its procedures to identify prospective nominees upon ratification of the THFA by all Parties. The Minister will request nominations pursuant to THFA 2.12.2.2 as soon as practicable after the date of signing by the Parties. Nominations, including a statement of the initial term for which a particular nomination may be made (THFA 16.6.5.1, 16.6.5.2), shall be forwarded to the Minister within the time provided by THFA 2.12.2.2. The Minister will appoint the nominees in sufficient time for the RRC to be in place as indicated in Part 4 of this Annex. To facilitate these procedures, each party should confirm that its proposed nominees are ready to serve on the RRC prior to submitting its nominations to the Minister. If a nominee declines an appointment, the Minister and the nominating party should take steps as soon as practicable to ensure that a new nominee is identified and appointed. Initial Nominations and Appointments: Regional Land Use Planning Commission and Settlement Land Committee The initial nominations and appointments for the Regional Land Use Planning Commission (“RLUPC”) and Settlement Land Committee (“SLC”) will be made as provided in Part 4 of this Annex.. 408 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN On-Going Process for Nominations and Appointments: Dawson District Renewable Resources Council and Regional Land Use Planning Commission 1. Replacement of Board Members Upon termination of the initial appointments, the Parties should follow the procedures outlined in THFA 2.12.2.2 to 2.12.2.4 and above, in respect of the initial appointments, to ensure that repeat or replacement nominations are submitted and appointments take effect in a timely manner. The Parties should use best efforts to avoid vacancies arising on the Boards due to failures in the nominating or appointing process. If a vacancy during term arises on a Board, the Parties should follow the same procedures to ensure that a replacement nominee is appointed at the earliest practicable date for a term consistent with the provisions of THFA 2.12.2.11. 2. Removal for Cause The authority to remove a Board member lies with the appointing Minister. It is acknowledged that the Minister will choose whether to exercise that authority on the basis of any relevant information which the Minister may receive. However, the Minister should act to remove a Board member only after consultation with the nominating party, subject to requirements for confidentiality. A replacement for the member removed should be nominated and appointed as soon as practicable. Where a Board chooses to specify grounds for the removal of a member pursuant to THFA 2.12.2.7, that Board should communicate those grounds in writing to the nominating parties and the Minister as soon as those grounds have been adopted by the Board. 3. Resignation of a Member A Board may wish to establish rules or procedures concerning the resignation of Board members. It is recommended that Board members who wish to resign during their term be required to communicate their resignation in writing to the Board, and that the Board immediately advise the Minister of the resignation. A replacement for the member who resigned should be nominated and appointed as soon as practicable. Organization of the Board The RRC and RLUPC, within the first 60 days after being established by appointments, should convene at least one meeting. The initial meeting of the Board should be convened by the members with such organizational assistance from the appointing Minister or Minister’s representative as may be required to complete the necessary arrangements. 409 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN At its initial meeting or as soon as practicable thereafter, each Board should address: (a) the selection or nomination of a Chair and/or Vice-Chair, as the THFA may provide in respect of that Board; (b) any rules and procedures which it may require pursuant to THFA 2.12.2.7 and 2.12.2.10; (c) the Board budget and the completion of related financial arrangements; (d) any organizational and policy matters, and arrangements with respect to support services and facilities required for the discharge of its mandate under the THFA; and (e) any arrangements required with respect to the training and cross-cultural orientation and education of Board members. Board Services and Facilities It is expected that the RRC and RLUPC will arrange for the support services and facilities they require. The Boards may co-operate in these arrangements, as they may find convenient. In determining their arrangements, the Boards should consider the training and economic opportunities which may be made available to Yukon First Nations, and the specific provisions of the THFA. 410 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Part 2 - Board Training and Cross-Cultural Orientation and Education Part 2 applies to the Dawson District Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee (“SLC”). For the purposes of THFA 2.12.2.9, 28.3.5, 28.3.7 and the SLC, Board training should include: 1. training in Board procedures and functions; 2. training directed to improve Board members’ ability to carry out their responsibilities in the field or fields within the mandate of the Board; 3. familiarization with the provisions of the THFA; and 4. cross-cultural orientation and education. 1. Board procedures and functions This training should reflect both internal Board needs and needs of the Board in relation to public process. It should enable a Board to develop the internal rules it may require and to develop its approach and organization for decision-making. This latter area may include matters of policy development, planning, prioritization, time management and financial management. The timing of the different aspects of this training may vary from Board to Board. It is strongly recommended that each Board assess and take steps, including budget provisions, to address its training requirements in these areas as soon as practicable after the Board is established. These requirements should be reassessed and addressed accordingly within 90 days after the termination of the initial appointments, for the benefit of the replacement nominees. The Board’s previous training activities should be considered by subsequent members when assessing their training needs and the means by which those needs may be addressed. Refresher training or specific needs for procedural advice during the term of a Board should be left for each Board to address as it deems necessary. 411 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 2. Training related to Board Mandate Each Board should assess and take the steps necessary, including budget provisions, to address the training needs of its members which will enable them to improve their ability to carry out their responsibilities in the field or fields within the Board’s mandate. It is recommended that this occur as soon as practicable in the first year of each Board’s term and at least annually thereafter. The specific program or initiatives to be taken in this area should be left to each Board to decide and arrange as it may require. 3. Familiarization with the THFA The Parties have an interest in ensuring that the members of each Board understand the purposes of the Board under the THFA. The Parties also have an interest in ensuring that this understanding is achieved through appropriate, balanced procedures. As provided in THFA 28.3.7, the Parties should jointly inform each Board about relevant provisions of the THFA and THFA Plan. This information program should be carried out in a co-operative, co ordinated way. It should be completed as soon as is practicable after the Board is established, at a time convenient to the Board and the Parties. Each party should designate representatives who will participate in this program. The designated participants should include persons who will facilitate the program generally, as well as persons who have actual knowledge of the negotiations and considerations which led to the provisions of the agreements in each area. 4. Cross-Cultural Orientation and Education On-going cross-cultural awareness and sensitivity is important for the effective working of the Boards. It is strongly recommended that each Board consider and take the steps necessary, including budget provisions, to ensure that its members have the benefit of cross-cultural orientation and education. This should be considered and addressed as soon as practicable in the term of each Board, and thereafter as may be required. It is expected that cross-cultural orientation and education will relate to the mandate of each Board and address cultural values, attitudes, strengths and differences in ways that enable the members of each Board, as a cross-cultural group, to work well together to fulfil their mandate. 412 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Part 3 -Aboriginal Language Services This Part applies to the Dawson District Renewable Resources Council, Regional Land Use Planning Commission and Settlement Land Committee. The Boards should be able to conduct their proceedings in aboriginal languages when appropriate. Aboriginal language services in Yukon are currently the subject of a multi-year agreement between Canada and Yukon. It is expected that aboriginal language services will be available to the Boards pursuant to such agreements as may be in place from time to time or through contracting with individuals or organizations for the services desired. It is expected that all best efforts will be made to ensure that the language services the Boards may require will be available to them at the earliest practicable date. 413 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Part 4- Board Mandates and Activities The following provisions address the mandate, the expected activities, and the relevant specific arrangements, in respect of each of the Boards. REGIONAL LAND USE PLANNING COMMISSION Mandate The Regional Land Use Planning Commission (“RLUPC”) shall develop a regional land use plan and shall recommend it to Government and TH for approval. Organizational Structure Canada, TH and any other affected Yukon First Nations may agree to establish the RLUPC at any time after the Effective Date of the THFA. The RLUPC shall have no less than six (6) members. Canada shall consult with Yukon prior to nominating its members, and TH shall nominate its members as soon as practicable after agreement to establish the RLUPC. The nominations shall be selected in accordance with THFA 11.4.2 (all) and 11.4.3. Appointments will be made by the Minister of Indian Affairs and Northern Development (“the Minister”). The members of the RLUPC may choose a Chair from amongst its members. The provisions of 2.12.2 shall apply to the RLUPC. Operations The RLUPC shall convene a meeting as soon as practicable after it is established. The RLUPC shall prepare an annual budget, after Consultation with TH and any other affected Yukon First Nation, and shall submit that budget to the Yukon Land Use Planning Council (“Council”) (THFA 11.9.1). The Council shall review the budget, and, after Consultation with the RLUPC, shall propose the budget to the Minister for the preparation of regional land use plans. The budget approval process will respect the 414 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN discretion for the allocation of funds available to the RLUPCs pursuant to Part 2 Schedule 1 of the UFA IMPLEMENTATION Plan. Canada shall pay the approved expenses of the RLUPC to the Council from the amounts described in Part 2 of Schedule 1, preferably by way of a multi-year contribution AGREEMENT. The Council shall pay the approved expenses to the RLUPC, preferably by way of a multi-year contribution AGREEMENT. The RLUPC may establish a local office. Within the approved budget, the RLUPC may engage and contract technical or special experts for assistance and may establish a secretariat to assist it in carrying out its functions (THFA 11.4.5.1). Activities The RLUPC shall prepare and recommend a regional land use plan to Government and the affected Yukon First Nations within a time frame established by Government and the affected Yukon First Nations (THFA 11.4.4). In carrying out its obligations under THFA 11.4.4, the RLUPC shall undertake the activities described in THFA 11.2.0, 11.4.5.3 to 11.4.5.9, 11.5.1, 11.6.1,11.6.3,11.6.5 and Chapter 10 Schedule A 13.2. The RLUPC may undertake the activities described in THFA 11.4.5.1 and 11.4.5.10. The RLUPC may carry out activities associated with THFA 11.4.5.10 with a reduced number of members. SETTLEMENT LAND COMMITTEE Mandate and Activities Each Settlement Land Committee (“SLC”) shall be responsible for: — the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement Land; — determining priorities for the survey of all Settlement Land; — indicating to the Surveyor General portions of boundaries, if any, of those Special Management Areas which should be considered for definition by survey in order to better serve the mutual interests of TH and the public; — receiving requests relating to the use and enjoyment of Proposed Site Specific Settlement Land by Yukon Indian People; and — determining whether it is practicable to give effect to such requests and recommending to Canada or the Yukon, as the case may be, that it take such steps as the SLC considers appropriate. 415 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Guidelines — Interim use of Site Specific Settlement Land; — a report of “...requests relating to the use and enjoyment of Proposed Site Specific Settlement Land...” will be kept by the SLC; — “...the identification and selection of Site Specific Settlement Land out of Proposed Site Specific Settlement...” will primarily be the responsibility of TH as the entire Proposed Site Specific Parcel will have been agreed to by all Parties. The other members of the SLC will have only to ensure that the selected area is within the Proposed Site Specific Parcel and that it is adequately defined for survey purposes; — it is not intended that the SLC act as a substitute for “land use planners”. The SLC will only be responsible for making recommendations concerning requests to “occupy” the land but will not be required to approve specific uses in the event that the land is developed; and — any other activities contained in the THFA. Organizational Structure The SLC shall be established no later than one month after the signing of the THFA. The representatives to the SLC shall be appointed as follows: Canada Representative The Department of Indian Affairs and Northern Development will appoint one person to represent the Department when the Settlement Land being dealt with was formerly under federal administration. The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Department. The position will be filled by the same person for the life of the SLC where possible. Yukon Representative Yukon will appoint one person to represent Yukon when the Settlement Land being dealt with was formerly under Yukon administration. 416 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN The representative will be experienced in land issues, including survey requirements, and will have the authority to speak on behalf of the Yukon. The position will be filled by the same person for the life of the SLC where possible. TH Representatives TH will appoint two persons to represent TH for all land selections negotiated by TH. The representatives will be experienced in land issues, including survey requirements. The positions will be filled by the same persons for the life of the SLC, where possible. Chair The Chair for the SLC will be appointed by the Surveyor General for Canada. The Surveyor General may decide not to appoint the same person for all SLCs. The position of Chair will be filled by the same person for the life of the SLC where possible. The Chair will be an experienced Canada Lands Surveyor with authority to speak on behalf of the Legal Surveys Division of Natural Resources Canada (“NRCan”). NRCan will employ, to the extent possible, local personnel to record and document all decisions made at SLC meetings. Operations The SLC will operate as follows: Decision Making All decisions will be made by consensus, and, in the event that a decision cannot be reached, the problem will be referred to the Dispute Resolution process as described in section 26.3.0 of the THFA. The Chair will decide at what point there is an impasse on any particular decision. Meetings Meetings will be called by the Chair, and will normally occur two to three times each year. Normally, there will be one meeting in the winter, to establish and review priorities, and one in the spring to review and approve survey reports and plans. Other 417 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN meetings may occur as needed. Meetings will be held in Dawson unless reasons arise that make it more reasonable to meet elsewhere. Regardless, all members of the SLC will be consulted regarding the proposed location of the meeting. Funding has been provided by Canada to TH to enable its nominees to participate in the SLC proceedings. Meeting facilities will be provided by TH when the meetings are held in Dawson. Chair Responsibilities — To ensure that the SLC is in place as soon as is practicable following the signing of the THFA; — To hold the first meeting as soon as practicable, as the parties agree; — To ensure that detailed information regarding land selections which has been prepared by the negotiators is made available for all meetings; — To ensure that necessary support information is made available by Government and TH land administrators for all meetings; — To ensure that records of decisions for all meetings are recorded and distributed to participants; — To present (at the plan approval stage) the surveyor’s report to the SLC. TH shall indicate the process by which TH consent will be secured; — To make every effort to reduce the number of decisions which are forwarded to the Dispute Resolution Board; and — In collaboration with the SLC members, to alter guidelines and procedures to reflect the needs of the TH. Subject to any amendment of the Plan by the Parties, Canada shall pay to TH $38,229 (1997 constant dollars) as its share of the amount identified for SLCs. DAWSON DISTRICT RENEWABLE RESOURCES COUNCIL Mandate In TH Traditional Territory, the Dawson District Renewable Resources Council (“RRC”) shall be established as of the Effective Date, as a primary instrument for local renewable resources management in the Traditional Territory as set out in the THFA 16.6.1, 16.6.1.1. 418 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN The RRC acting in the public interest may make recommendations to the Minister, the TH, the Fish and Wildlife Management Board and the Salmon Sub-Committee on any matter related to Fish and Wildlife (THFA 16.6.9). The RRC may make recommendations pursuant to THFA 16.6.10. The RRC may make recommendations to the Minister and TH with respect to Forest Resources Management on Settlement Land and Non-Settlement Land within the Traditional Territory, including: — the coordination of Forest Resources Management throughout the Yukon and in TH Traditional Territory; — the need for, and the content and timing of, Forest Resources inventories and management plans; — the policies, programs and Legislation which affect Forest Resources; — proposals for Forest Resources research; — forest fire suppression plans, including the human, technical and financial resources required, the definition and establishment of priority zones for fire fighting and procedures for the monitoring, periodic review and amendment of the plans; — the allocation and use of Forest Resources for commercial purposes, including the terms and conditions of tenure, standards of operation, rates of harvest and means of access to Forest Resources; — employment opportunities and training requirements in Forest Resources Management and commercial Forest Resources harvesting; — measures for the control of forest pests and diseases; and — other matters relating to the protection and management of Forest Resources -THFA 17.4.0 (all). Organizational Structure The RRC shall be comprised of six members and shall be established as of the Effective Date of the THFA (THFA 16.6.2). The Minister of Renewable Resources shall nominate three persons to the RRC (THFA 16.6.2). TH shall nominate three persons to the RRC (THFA 16.6.2). 419 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN The Minister and TH may each nominate one additional member as an alternate member to the RRC (THFA 16.6.2.1, 16.6.2.2). An alternate member of the RRC may only receive remuneration and travel expenses in the absence of a member nominated by the party which nominated the alternate (THFA 16.6.2.3). An alternate member of the RRC may only vote in the absence of a member nominated by the party which nominated the alternate (THFA 16.6.2.3). RRC members shall be resident within TH Traditional Territory and shall have lived in the Traditional Territory for at least one year immediately prior to their appointment and shall have long term familiarity with renewable resources in the Traditional Territory (THFA 16.6.4, 16.6.4.1, 16.6.4.2). When nominating individuals for appointment to the RRC, the Minister of Renewable Resources and TH shall make reasonable attempts to reach a consensus as to the respective individuals to be nominated (THFA 16.6.4.3, 16.6.4.4 (all), 16.6.4.5). The Minister of Renewable Resources shall appoint the nominees to the RRC (THFA 2.12.2.3, 2.12.2.4). With the consent of the Minister of Renewable Resources and the TH, the RRC may merge with other Renewable Resources Councils to establish a regional Council with the same powers and responsibilities as a Renewable Resources Council (THFA 16.6.12). Appointments to the RRC shall be for three years, except for the initial appointments. For the initial appointments one TH nominee and one Minister’s nominee shall be appointed for one year, one Til nominee and one Minister’s nominee shall be appointed for two years, and one TH nominee and one Minister’s nominee shall be appointed for three years (THFA 16.6.5.1). All appointments of the alternate members shall be for a three year term (THFA 16.6.5.2). All appointments to the RRC shall be during good behaviour (THFA 16.6.5). Operations The RRC shall determine its own procedures for selecting its chairperson from its membership (THFA 16.6.3). The Minister of Renewable Resources shall appoint the chairperson selected by the RRC (THFA 16.6.3). In the event that the RRC fails to select a chairperson within 30 days of the position being vacant, the Minister shall appoint a chairperson from the membership of the RRC after 420 TR’ONDËK HWËCH’lN FINAL AGREEMENT IMPLEMENTATION PLAN Consultation with the RRC (THFA 16.6.3.1). The RRC shall make provisions for public involvement in the development of its decisions and its recommendations (THFA 16.6.6). The RRC shall prepare an annual budget, subject to review and approval by Government, pursuant to THFA 16.6.7. The budget shall be in accordance with Government guidelines (THFA 16.6.7 (all)). Activities The RRC shall undertake activities as may be found in: — Chapter 10, in particular, 10.3.3 and 10.5.5, Schedule A 5.4, 6.5; — Chapterl6,inparticular,16.3.14.1,16.5.1.4,16.5.1.10,16.5.1.12,16.5.1.15, 16.6.0 (all), 16.7.7.1, 16.7.12.7, 16.7.12.8, 16.7.12.9, 16.7.12.10, 16.7.14, 16.7.15, 16.7.17.12(d), 16.8.0 (all), 16.9.1.5, 16.9.2, 16.9.4, 16.9.8, 16.9.16, 16.11.2, 16.11.3.4, 16.11.9.1, 16.11.10 (all), 16.13.2, 16.13.3, Schedule B 4.2, Schedule C 3.2; and, — Chapter 17, in particular, clauses 17.2.2 and 17.4.0 (all), 17.5.4.1. Further information concerning activities associated with the RRC can be found in THFA Plan Annex A for the referenced clauses including but not limited to: 10.3.3, 10.5.5; 16.6.2.1,16.6.4.3,16.6.15,16.9.1.3(a), 16.9.1.5, 16.9.16, 16.11.3.4, 16.11.9.1, 16.11.10.5, 16.13.2; and, 17.2.2, 17.5.4.1. 421 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Dawson District Renewable Resources Council Year 1 Budget All amounts expressed in 1997 constant dollars: Administration $26,623 Meetings $42,598 Support $11058 $80,279 Multi-Year Forecast All amounts expressed in 1997 constant dollars: Year 1 Year 2 Year 3 $80,279 $80,279 $80,279 422 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Part 5- Budget Procedures and Financial Arrangements 1. The recommended first annual budget and a multi-year financial forecast for the Dawson District Renewable Resources Council (“RRC”) is attached to the description of the Board in Part 4 of Annex B. Annual budgets prepared by the RRC in subsequent years will provide greater detail than that provided in the Year 1 Budget to better reflect the operational requirements of the RRC. 2. It is understood that the allocation for the RRC set out in this Plan is stated as 1997 constant dollars. 3. If the Minister requests the RRC or Regional Land Use Planning Commission to perform an activity that is not part of the Board’s approved budget for a given year, the Board may request additional funding and the Minister shall consider the request. 423 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ANNEX C -- INFORMATION STRATEGY General Requirements 1. 28.3 .2.4 specifies that an information strategy be included in the THFA Plan to enhance community and general public awareness of the THFA and implementation plans. 2. The following guidelines apply to this information strategy: (a) To the extent possible, the TH strategy will be consistent and will utilize information developed as part of the UFA Information Strategy. (b) Information distribution will be coordinated by the Parties. The Parties may agree to focus on specific information areas. (c) Those areas of the agreements which require TH to maintain public registers, publish reports, etc. are deemed to be covered in the activity sheets in Annex A and are not considered as part of this strategy. (d) It is assumed that the various local boards and committees, described in Annex B, will carry on their own information programs. (e) The Parties will carry out their responsibilities in this information strategy within their existing resources and programs, exploring cost-effective options to communicate information about the THFA, and, to the extent practicable, taking advantage of opportunities to coordinate their efforts and avoid duplication. Integration with UFA Strategy 3. The TH strategy shall concentrate on those areas of the THFA not covered in the materials produced under the UFA Information Strategy. 4. To the extent practicable, the Parties intend to utilize the UFA Land Claim Briefing Book and to develop inserts or additions to expand on THFA provisions. 5. Where appropriate, TH may develop material in conjunction with or in addition to the CYI inserts in the central newsletter referenced in the UFA Information Strategy, and/or may use CYI information and TH information in local publications. 424 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN Utilization of Ratification Information 6. Whenever possible, information developed as part of the TH ratification process shall be utilized. This includes publications, audio tapes and videos. General Division of Responsibilities under this Information Strategy 7. Government will have primary responsibility for informing the general public with regard to the provisions of the THFA, THSGA and specific areas set out in paragraph 13. 8. TH and Government will share responsibility for informing the local community of the provisions of the THFA, THSGA and specific areas set out in paragraph 13. 9. TH will have primary responsibility for informing TH citizens of the provisions of the THFA, THSGA and specific areas set out in paragraph 13. 10. TH and Government will coordinate information and activities that relate specifically to issues within TH Traditional Territory arising from the THFA by sharing advance drafts of communications materials. Government is not expected to share advance drafts of materials that relate to territory wide issues in the THFA. 11. Upon request, and to the extent possible, Government will provide to TH, publications and other written materials prepared by Government, for distribution by TH. 12. Government will make best efforts to provide interpreter services to TH people and language services programs as may be in place from time to time. 13. The following table summarizes areas of the THFA and THSGA in which it is anticipated that information may be required from time to time. This list is not meant to be exhaustive but to serve as an initial guide in scoping the effort. 425 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN POTENTIAL AREAS FOR INFORMATION DISTRIBUTION Chapter/Clause Area of Concern Note/Comment 2.2.0 (all) and Continuation of rights THSGA 3.0 (all) 2.9.3.1 Administration of overlap Note 1 3.10.0 (all) Continued enrollment 5.3.0 (all) Maps and land descriptions Note 1 Chapter 6 Access information (terms, trespass) Note 1 Chapter 10 Special Management Area use and Co-ordinate with management RRC Chapter 13 Heritage sites (location, terms, accidental Co-ordinate with discovery) RRC Note 1 Chapter 14 Traditional Use Chapter 15 Identification of Site Specifics Note 1 Chapter 16 General management Co-ordinate with RRC Chapter 17 Access, use Chapter 18 Specified Substances vs. mineral use Chapter 20 Settlement Corporation information Chapter 21 Land taxation Chapter 22 Economic development and employment opportunities Chapter 24 TH as legal entity [THSGA 9.0 (all)], delegation of power [THSGA 12.0 (all)], law and justice applications [THSGA 13.0 (all)], tax laws and status [THSGA 14.0 (all), 15.0(all)] 28.0 Training plan Note 1: Canada will provide to TH, upon request and to the extent practicable, maps and legal descriptions of Settlement Land described in 5.3.1. Note 2: Upon request, Canada will provide to Tr’ondëk Huch’in and TH, information pursuant to 22.5.5 and 22.5.6. Note 3: Programs transferred under THSGA 17.0 (all) are assumed to carry their own information strategy and are not covered here. Exceptions are current Department of Indian Affairs and Northern Development programs which may require consideration under this plan. 426 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ANNEX I) -- ECONOMIC PLANNING 1.0 Economic Planning 1.1 For the purpose of the THFA Plan, TH and Government agree that economic activity by TH as a result of economic and employment opportunities arising from the THFA will benefit from a cooperative approach towards implementation of the THFA. 1.2 TH and Government agree that economic and employment planning are best achieved when the following principles are considered: 1.2.1 effective communication regarding current programs, policies, initiatives and other matters to assist in the accessing of economic opportunities; 1.2.2 development of effective intergovernmental relationships between the Parties; 1.2.3 effective utilization of existing Government programs and other resources to assist in economic planning; and 1.2.4 cooperation between TH and Government in the monitoring, review, evaluation and modification of their own economic development programs, policies and initiatives. 1.3 The following will be helpful to accomplish the planning provisions and objectives of the THFA and are consistent with the principles in 1.1 and 1.2: 1.3.1 Early establishment of the relationship between the Parties to ensure understanding and application of the economic and employment provisions of the THFA; 1.3.2 Coordination of activities necessary to putting economic and employment planning provisions into effect; and 1.3.3 Review and identification of existing Government programs, services, finances and other resources which can be accessed or modified consistent with Government policy from time to time, to enable planning and implementation of THFA Chapter 22. 427 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN ANNEX E -- COORDINATION OF THFA AND THSGA IMPLEMENTATION General Requirements 1. THFA 28.3.2.6. requires the Implementation Plan to specify means for coordination of the implementation of the THFA and THSGA. 2. THSGA 23.5 specifies coordination of the THFA and THSGA Implementation Plans to the extent practicable. Responsibilities 3. The TH government and its administrative structure, as established through the TH constitution adopted under the THSGA, shall be recognized as the agency responsible for the implementation, on behalf of the TH, of both agreements. 4. Canada and Yukon each agree that, to the extent practicable, consistent processes, practices and interpretations shall be utilized in the implementation of both the THFA and THSGA, when dealing with the TH. Further, should any conflict arise within either government in this regard, it shall be resolved internally and TH shall not be required to deal with such conflicts. Specific Areas of Implementation Coordination 5. All funds flowing to TH for implementation shall be transferred to TH through the financial transfer agreement process described in THSGA 16.0 (all). 6. The Dispute Resolution process of THFA Chapter 26 shall be used to resolve all THSGA disputes as described in THSGA 24.0 (all). 7. The THFA Plan general review process described in paragraph 6.1 of the THFA Plan and in THSGA 6.6.3 and 6.6.4 may be carried out simultaneously and in a coordinated fashion. Further, these reviews may be timed in such a way as to provide input to the negotiations to a new THFTA as specified by THSGA 16.3.6 and 16.12. 8. The information strategy carried out pursuant to the THFA Plan (Annex C) shall consider the THFA, the THFA Plan, THSGA and the THSGA Plan. 428 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 9. The training needs for TH shall be integrated into a single plan which will take into account the training requirements of the THFA, the THFA Plan, THSGA and the THSGA Plan. Other Potential Areas Requiring Coordination 10. While cross references between agreements have been provided on appropriate activity sheets, there are some implicit areas which may require coordination as well. To further specify these areas, the following table has been provided. POTENTIAL AREAS REQUIRING IMPLEMENTATION COORDINATION (may include but are not limited to:) REFERENCED CLAUSE AREA OF CONCERN (THFA) (THSGA) Definitions Definitions Consistent application 2 3 Rights of citizens and beneficiaries as Yukon Indian People 2.3.6 21.1 THFA amendments published in TH law register 2.7.1 16.4.2 Disclosure of information 2.11 .4.1 Self-Government Legal entity Legislation 5 25 Compatible land use regarding Appendix A Settlement Land and adjacent Non-Settlement Land 5 28 TH laws on Part 2, Appendix B Settlement Lands 19 16.8 THFTA calculation regarding compensation 20 15.2, 15.3.5 Tax status of settlement corporations 20.6 14 Income tax 20.7.1 14.1 Property taxation assistance 2 1.2.1 14.9 Property Taxes 21.2.3 14.9 Property Taxes 21.2.4 14.6 Property Taxes 21.2.5.1 14.9, 14.10, 14.11, Property Taxes 14.12 21.3 14.11, 14.12 Property taxes 429 TR’ONDËK HWËCH’IN FINAL AGREEMENT IMPLEMENTATION PLAN 21.2.4 26 Local Government Service Agreements 21.3 26 Local Government Service Agreements 21.426Local Government Service Agreements 24.10.1 5.2 Amendment of Self-Government Legislation THFA 8.2.1, 8.3 Inconsistency and conflict