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Tlicho Agreement

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Tlicho Agreement LAND CLAIMS AND SELF-GOVERNMENT AGREEMENT AMONG THE TÅÎCHÔ AND THE GOVERNMENT OF THE NORTHWEST TERRITORIES AND THE GOVERNMENT OF CANADA Pronunciation Guide For Terms Used In Agreement Tåîchô tlee-chon (meaning “Dogrib”) Môwhì Gogha Dè Nîîtåèè mon-fwee go-ga de-neat-lay (it is the traditional area of the Tåîchô, described by Chief Monfwi during the signing of Treaty 11 in 1921) Wek’èezhìi way-keh-zi (the “management area” of the Agreement) Behchokö bay-cho-ko (also known as Rae-Edzo) Whatì what-tea (also known as Lac La Martre) Gamètì gam-ma-tea (also known as Rae Lakes) Wekweètì wek-way-tea (also known as Snare Lake) Ezôdzìtì eh-zod-ze-tea (a Tåîchô heritage area) Tåîchô Agreement TABLE OF CONTENTS PREAMBLE ........................................................1 CHAPTER 1 INTERPRETATION 1.1 Definitions ...............................................2 Appendix Part 1 Description of Môwhì Gogha Dè Nîîtåèè ........................ 12 Part 2 Description of Wek’èezhìi ...................................15 Part 3 Illustrative Maps Môwhì Gogha Dè Nîîtåèè ...................................17 Wek’èezhìi ..............................................18 Môwhì Gogha Dè Nîîtåèè, Wek’èezhìi, Tåîchô Lands and Ezôdzìtì .... 19 CHAPTER 2 GENERAL PROVISIONS 2.1 Status of Agreement .......................................20 2.2 Tåîchô Rights and Benefits...................................20 2.3 Status of Tåîchô Lands......................................21 2.4 Inter-Governmental Devolution...............................21 2.5 Treaty 11................................................21 2.6 Certainty................................................21 2.7 Other Aboriginal Peoples ...................................24 2.8 Interpretation.............................................24 2.9 Validity of Agreement......................................25 2.10 Amendment .............................................26 2.11 Consultation on Legislation ..................................28 2.12 Disclosure of Information ...................................28 2.13 Deposit of Agreement ......................................29 2.14 Jurisdiction of Courts ......................................29 2.15 Charter of Rights and Freedoms ..............................30 CHAPTER 3 ENROLMENT 3.1 Eligibility Criteria .........................................31 3.2 Eligibility Committee and Registrar ............................31 3.3 Initial Tåîchô Citizens Register................................32 3.4 Maintenance of Tåîchô Citizens Register after Effective Date ........ 33 3.5 Enrolment Appeal Process after the Effective Date ............... 34 3.6 Costs...................................................35 CHAPTER 4 RATIFICATION PROCESS 4.1 General.................................................36 4.2 Ratification by Tåîchô ......................................36 4.3 Ratification by Government..................................36 4.4 Preliminary Voters List.....................................37 4.5 Appeals.................................................37 4.6 Voters List ..............................................38 4.7 Information Campaign .....................................38 4.8 Tåîchô Ratification Vote ....................................38 i Tåîchô Agreement CHAPTER 5 IMPLEMENTATION 5.1 Implementation Plan.......................................40 5.2 Implementation Committee ..................................40 CHAPTER 6 DISPUTE RESOLUTION 6.1 General.................................................42 6.2 Appointment of Dispute Resolution Administrator ................43 6.3 General Functions of Administrator............................43 6.4 Mediation...............................................44 6.5 Arbitration ..............................................45 6.6 Surface Rights Board ......................................47 6.7 Wek’èezhìi Land and Water Board ............................48 6.8 National Energy Board Act Expropriation.......................49 CHAPTER 7 TÅÎCHÔ GOVERNMENT 7.1 Tåîchô Constitution ........................................50 7.2 General Powers...........................................51 7.3 Delegation...............................................51 7.4 Law Making Powers.......................................52 7.5 Limitations and Conditions..................................55 7.6 Judicial Proceedings .......................................57 7.7 Conflict of Laws..........................................57 7.8 Register of Tåîchô Laws ....................................58 7.9 Coordination of Program and Service Delivery.................. 58 7.10 Intergovernmental Services Agreements ........................59 7.11 Financing Agreements ......................................60 7.12 General Obligations ........................................62 7.13 International Legal Obligations ...............................63 7.14 Transitional ..............................................64 CHAPTER 8 TÅÎCHÔ COMMUNITY GOVERNMENTS 8.1 Establishment of Tåîchô Community Governments ................65 8.2 Structure of Tåîchô Community Governments....................66 8.3 Delegation...............................................68 8.4 Powers to Enact Laws......................................68 8.5 Inconsistency or Conflict....................................69 8.6 Programs and Services .....................................69 8.7 Expansion of Tåîchô Community Boundaries .....................70 8.8 Dissolution or Relocation ...................................70 8.9 Establishment of New Tåîchô Community Governments........... 70 Appendix Process for Expansion of the Boundary of a Tåîchô Community............ 71 ii Tåîchô Agreement CHAPTER 9 TÅÎCHÔ COMMUNITY LANDS 9.1 Title ...................................................72 9.2 New or Expanded Tåîchô Communities .........................74 9.3 Limits on Alienation of Tåîchô Community Lands................ 74 9.4 Right to Acquire Government Lands...........................75 9.5 Dissolution or Relocation ...................................75 9.6 Contaminated Sites........................................76 9.7 Property Tax Assistance ....................................76 Appendix Part 1 Excluded Parcels..........................................77 Part 2 Existing Interests less than Fee Simple ........................ 79 Part 3 New Leases with Tåîchô Community Governments............... 94 Part 4 Contaminated Sites........................................99 CHAPTER 10 WILDLIFE HARVESTING RIGHTS 10.1 Wildlife Harvesting ......................................100 10.2 Harvesting Methods ......................................100 10.3 Trade and Gifts ..........................................101 10.4 Possession and Transportation ..............................101 10.5 Right of Access .........................................101 10.6 Conflict Between Authorized Use of Land and Harvesting Activities . 102 10.7 Commercial Activities Relating to Wildlife ....................103 10.8 Lease of Crown Land to Tåîchô Government................... 104 10.9 Emergencies ............................................104 CHAPTER 11 WILDLIFE HARVESTING COMPENSATION 11.1 Definitions .............................................105 11.2 General ................................................105 CHAPTER 12 WILDLIFE HARVESTING MANAGEMENT 12.1 General ................................................107 12.2 Structure of Wek’èezhìi Renewable Resources Board ............ 108 12.3 Administration ..........................................109 12.4 Powers of Wek’èezhìi Renewable Resources Board...............110 12.5 Review of Proposed Wildlife Management Actions ...............111 12.6 Total Allowable Harvest Levels and Other Limits ............... 114 12.7 Allocation of Total Allowable Harvest Level by Board ........... 115 12.8 Allocation of Total Allowable Harvest Level by Government ...... 116 12.9 Allocation by Tåîchô Government............................117 12.10 Commercial Activities Relating to Wildlife ....................118 12.11 Management Plans for Migratory Species ......................118 12.12 International and Domestic Arrangements .....................119 12.13 Great Slave Lake .........................................119 12.14 Harmonization of Laws ....................................119 12.15 Wildlife Management Under Future Land Claims Agreements ..... 120 iii Tåîchô Agreement CHAPTER 13 TREES AND FOREST MANAGEMENT 13.1 General ................................................121 13.2 Right to Harvest .........................................122 13.3 Authorization of Commercial Harvesting ......................123 13.4 Forest Management .......................................123 CHAPTER 14 PLANTS 14.1 General ................................................124 14.2 Right to Harvest .........................................125 14.3 Authorization of Commercial Harvesting ......................125 14.4 Management of Plants .....................................126 14.5 Legislation .............................................126 CHAPTER 15 NATIONAL PARKS 15.1 General ................................................127 15.2 Tåîchô Impact and Benefit Plan for National Park Wholly or Partly in Wek’èezhìi .............................................128 15.3 National Park Committee ..................................129 15.4 Interim Management Guidelines .............................130 15.5 Park Management Plan ....................................130 15.6 Wildlife ................................................131
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