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Teslin Tlingit Council Final Agreement

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Teslin Tlingit Council Final Agreement TESLIN TLINGIT COUNCIL FINAL AGREEMENT between THE TESLIN TLINGIT COUNCIL, THE GOVERNMENT OF CANADA, and THE GOVERNMENT OF THE YUKON - 1 - AGREEMENT made this 29th day of May, 1993. AMONG: Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada"); AND The Government of the Yukon as represented by the Government Leader of the Yukon on behalf of the Yukon (hereinafter referred to as "the Yukon"); AND The Teslin Tlingit Council as represented by the Teslin Tlingit Council General Council (hereinafter referred to as the "Teslin Tlingit Council") being the parties to the Teslin Tlingit Council Final Agreement (hereinafter referred to as "this Agreement"). WHEREAS: The Teslin Tlingit Council asserts aboriginal rights, titles and interests with respect to its Traditional Territory; the Teslin Tlingit Council wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land; the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Teslin Tlingit and the land; the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Teslin Tlingit; - 2 - the parties to this Agreement recognize the significant contributions of Teslin Tlingit and the Teslin Tlingit Council to the history and culture of the Yukon and Canada; the parties to this Agreement wish to enhance the ability of the Teslin Tlingit Council and Teslin Tlingit to participate fully in all aspects of the economy of the Yukon; - 3 - the Constitution Act, 1982 recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements; the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Teslin Tlingit Council Traditional Territory; the parties to this Agreement wish to achieve certainty with respect to their relationships with each other; the Teslin Tlingit Council, Canada and the Yukon have authorized their representatives to sign this land claims agreement; NOW THEREFORE, in consideration of the terms, exchange of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following. - 4 - Signed at Whitehorse, Yukon, the 29th day of May,1993. Original signed by Douglas Smarch, Sr. Witness Clan Leader - Daxaweidi Original signed by Matthew Thom Witness Clan Leader - Yanyeidi Original signed by Watson Smarch Witness Clan Leader - Daishetaan Original signed by Frank Jackson Witness Clan Leader - Xooxetaan Original signed by Sam Johnston Witness Clan Leader - Isheketaan Original signed by David Keenan Witness Chief - Teslin Tlingit Council Original signed by The Honourable Tom Siddon Witness Minister of Indian Affairs and Northern Development Original signed by John Ostashek Witness Government Leader of the Yukon - 5 - - 6 - TABLE OF CONTENTS VOLUME 1 PAGE NO: CHAPTER 1 DEFINITIONS 1 CHAPTER 2 GENERAL PROVISIONS 11 2.1.0 The Umbrella Final Agreement 11 2.2.0 Settlement Agreements 11 2.3.0 Amendment 13 2.4.0 Settlement Legislation 16 2.5.0 Certainty 17 2.6.0 Interpretation of Settlement Agreements and Application of Law 18 2.7.0 Access to Information and Privacy 20 2.8.0 Remedies 20 2.9.0 Internal Overlap and Transboundary Agreements 21 2.10.0 Representation and Warranty 21 2.11.0 General 22 2.12.0 Boards 24 Schedule A Ratification of the Teslin Tlingit Council Final Agreement 27 - Definitions 27 - General 27 - Ratification Committee 28 - Ratification Budgets 28 - Initiation of the Ratification Process 28 - Eligible Clan Members List 29 - Information Campaign 29 - Authorization of the Council 30 - Ratification by the Council 31 - Report by Ratification Committee 32 - Signing of the Agreement 32 - Annex - Teslin Tlingit Final Agreement Authorization Form 33 Schedule B Resolution of Overlapping Claims 36 - Definitions 36 - Agreements 36 - Dispute Resolution 37 - Application of this Agreement in an Overlapping Area 38 - Other Yukon First Nation Final Agreements 39 - Traplines 39 - Consultation in the Overlapping Area 40 - i - CHAPTER 3 ELIGIBILITY AND ENROLLMENT 41 3.1.0 Definitions 41 3.2.0 Eligibility Criteria 41 3.3.0 Applications on behalf of Another Person 43 - ii - PAGE NO: 3.4.0 Other Settlements 43 3.5.0 Enrollment Committees 44 3.6.0 Enrollment Commission 46 3.7.0 Judicial Review 49 3.8.0 Budget 50 3.9.0 Dissolution of Enrollment Committees 50 3.10.0 Continuation of Enrollment 51 3.11.0 Dispute Resolution 51 3.12.0 Public Access 53 CHAPTER 4 RESERVES AND LAND SET ASIDE 55 4.1.0 Reserves 55 4.2.0 Land Set Aside 56 4.3.0 Selection of Additional Land 57 4.4.0 Release 59 CHAPTER 5 TENURE AND MANAGEMENT OF SETTLEMENT LAND 61 5.1.0 Definitions 61 5.2.0 General 61 5.3.0 Maps and Descriptions 62 5.4.0 Settlement Land 63 5.5.0 Yukon First Nation Management Powers 64 5.6.0 Administration by Government 65 5.7.0 Disclosure of Government Interests in Settlement Land 67 5.8.0 Beds of Waterbodies 69 5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1 69 5.10.0 Interests in Settlement Land - Entire Interest 70 5.11.0 Land Ceasing to be Settlement Land 72 5.12.0 Reacquisition 72 5.13.0 Deregistration 73 5.14.0 Proposed Site Specific Settlement Land 73 5.15.0 Waterfront Right-of-Way 74 5.16.0 Notations for Hydro-electric and Water Storage Projects 76 CHAPTER 6 ACCESS 77 6.1.0 General 77 6.2.0 Access to Crown Land 79 6.3.0 General Access 81 - iii - 6.4.0 Government Access 83 6.5.0 Military Access 84 6.6.0 Conditions of Access 84 - iv - PAGE NO: CHAPTER 7 EXPROPRIATION 87 7.1.0 Objective 87 7.2.0 Definitions 87 7.3.0 General 87 7.4.0 Procedures for Expropriation 87 7.5.0 Procedures for Compensation 88 7.6.0 Public Hearings 92 7.7.0 Expropriation pursuant to the National Energy Board Act 93 7.8.0 Expropriation for Hydro-electric and Water Storage Projects 93 CHAPTER 8 SURFACE RIGHTS BOARD 95 8.1.0 General 95 8.2.0 Jurisdiction of the Board 96 8.3.0 Powers and Responsibilities of the Board 96 8.4.0 Compensation 98 8.5.0 Legislation 99 CHAPTER 9 SETTLEMENT LAND AMOUNT 101 9.1.0 Objective 101 9.2.0 Yukon Settlement Land Amount 101 9.3.0 Yukon First Nations' Settlement Land Amount 101 9.4.0 Land Negotiation Restrictions 102 9.5.0 Balanced Selection 103 9.6.0 Crown and Settlement Land Exchange 104 Schedule A Allocation of Settlement Land Amount 105 CHAPTER 10 SPECIAL MANAGEMENT AREAS 107 10.1.0 Objective 107 10.2.0 Definitions 107 10.3.0 Establishment of Special Management Areas 107 10.4.0 Rights and Interests of Yukon First Nations 108 10.5.0 Management of Future Special Management Areas 110 10.6.0 Relationship to the Land Use Planning and Development Assessment Processes 111 10.7.0 Fish and Wildlife Management 111 - v - PAGE NO: Schedule A Nisutlin River Delta National Wildlife Area 112 - Objectives 112 - Definitions 112 - Establishment 112 - Fish and Wildlife 113 - Forest Resources 113 - Management of the Area 113 - Management Plan Implementation 114 - Management Plan 114 - Review and Amendments 115 - Site Specifics 115 CHAPTER 11 LAND USE PLANNING 117 11.1.0 Objectives 117 11.2.0 Land Use Planning Process 117 11.3.0 Yukon Land Use Planning Council 119 11.4.0 Regional Land Use Planning Commissions 119 11.5.0 Regional Land Use Plans 122 11.6.0 Approval Process for Land Use Plans 122 11.7.0 Implementation 123 11.8.0 Sub-Regional and District Land Use Plans 124 11.9.0 Funding 124 CHAPTER 12 DEVELOPMENT ASSESSMENT 127 12.1.0 Objective 127 12.2.0 Definitions 128 12.3.0 Development Assessment Legislation 129 12.4.0 Scope 129 12.5.0 Entry Point 131 12.6.0 Designated Office 131 12.7.0 Yukon Development Assessment Board 132 12.8.0 YDAB Powers and Responsibilities 132 12.9.0 Executive Committee Powers 134 12.10.0 Panels of YDAB 137 12.11.0 Panel Powers 137 12.12.0 YDAB Recommendations 138 12.13.0 Determination of the Decision Body 138 12.14.0 Implementation of Decision Document 140 12.15.0 Monitoring and Enforcement 141 12.16.0 Transboundary Impacts 142 12.17.0 Relationship to Land Use Planning 143 12.18.0 Funding 143 12.19.0 Implementation 144 - vi - - vii - PAGE NO: CHAPTER 13 HERITAGE 147 13.1.0 Objectives 147 13.2.0 Definitions 148 13.3.0 Ownership and Management 148 13.4.0 General 150 13.5.0 Yukon Heritage Resources Board 152 13.6.0 National Parks and National Historic Sites 153 13.7.0 Research 153 13.8.0 Heritage Sites 154 13.9.0 Yukon First Nation Burial Sites 157 13.10.0 Documentary Heritage Resources 158 13.11.0 Place Names 158 13.12.0 Economic Opportunities 159 Schedule A Heritage Routes and Sites 161 - Heritage Routes 161 - Heritage Sites 161 CHAPTER 14 WATER MANAGEMENT 163 14.1.0 Objective 163 14.2.0 Definitions 163 14.3.0 General 163 14.4.0 Water Board 164 14.5.0 Water Rights of Yukon First Nations 164 14.6.0 Government's Management Powers 165 14.7.0 Water Rights of Other Parties on Settlement Land 166 14.8.0 Protection of Quantity, Quality and Rate of Flow of Water 167 14.9.0 Protection of Yukon First Nation Traditional Uses on Non-Settlement Land 169 14.10.0 Interjurisdictional Agreements 170 14.11.0 Water Use Disputes 170 14.12.0 Compensation 172 CHAPTER 15 DEFINITION OF BOUNDARIES AND MEASUREMENT OF AREAS OF SETTLEMENT LAND 175 15.1.0 Definitions 175 15.2.0 Administration of Surveys of Settlement Land 176 15.3.0 Settlement Land Committees 177 15.4.0 Selection
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