Environment and Climate Change Canada Canadian Wildlife Service – Northern Region 3rd Floor, 5019 52nd Street Yellowknife, NT X1A 1T5

September 21, 2020 via Distribution List

Environment and Climate Change Canada Mackenzie Valley Resource Management Act Preliminary Screening Proposal to Establish the Edéhzhíe Dehcho Protected Area as a National Wildlife Area under the Canada Wildlife Act

Please be advised that Environment and Climate Change Canada, the designated authority for establishment and management of protected areas under the Canada Wildlife Act, is undertaking a preliminary screening as required under section 124(2) of the Mackenzie Valley Resource Management Act (MVRMA) for the proposed designation of the Edéhzhíe Dehcho Protected Area as a National Wildlife Area (NWA).

The enclosed screening package includes: 1. A description of the proposed Edéhzhíe NWA including the following information:  a summary of the proposed enabling legislation and timelines;  boundary location and map;  ecological, cultural and socio-economic values;  proposed governance structure;  visitor access and use, prohibited and allowable activities without a permit;  resource rights;  infrastructure;  consultations; and  information pertaining to a Strategic Environmental Assessment produced under the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. 2. Letters of support from the Edéhzhíe Management Board, the Dehcho First Nations and the Tłı̨chǫ Government; 3. The Dehcho First Nations Assembly Resolution declaring Edéhzhíe a Dehcho Protected Area 4. The Edéhzhíe Establishment Agreement 5. The Dehcho First Nations and Government of the Northwest Territories Joint News Release: Agreement on Protection for the Subsurface of Edéhzhíe has been achieved 6. The Edéhzhíe Candidate Protected Area Working Group’s Final Recommendations Report

Please review the enclosed information and, based on your local knowledge, interest in and/or use of the area, advise as to whether there might be any significant impacts on the environment or significant public concerns with the designation of the Edéhzhíe Dehcho Protected Area as a NWA.

Please provide your input and comments to [email protected] on or before Friday, October 23, 2020.

If you have any questions regarding the above proposal, please contact Emily Nichol at (867) 444-9452 or by email at [email protected].

Sincerely,

Bruce MacDonald Director, Canadian Wildlife Service – Northern Region Environment and Climate Change Canada

Attachments: Preliminary Screening Summary of Development Letters of Support from the Edéhzhíe Management Board, the Dehcho First Nations and the Tłı̨chǫ Government Dehcho First Nations Assembly Resolution Declaring Edéhzhíe a Dehcho Protected Area The Edéhzhíe Establishment Agreement Dehcho First Nations and Government of the Northwest Territories Joint News Release: Agreement on Protection for the Subsurface of Edéhzhíe has been achieved The Edéhzhíe Candidate Protected Area Working Group’s Final Recommendations Report

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Environment and Climate Change Canada Mackenzie Valley Resource Management Act Preliminary Screening Proposal to Establish the Edéhzhíe Dehcho Protected Area as a National Wildlife Area under the Canada Wildlife Act – Distribution List

Mackenzie Valley Environmental Impact Review Chief Stanley Sanguez Board Jean Marie River First Nation [email protected] [email protected]

Mark Cliffe-Phillips Chief Maurice Moses Executive Director, Mackenzie Valley Pehdzhe Ki First Nation Environmental Impact Review Board [email protected] [email protected] Chief Dolphus Jumbo Heidi Wiebe Sambaa K’e First Nation Interim Board Chair, Edéhzhíe Management [email protected] Board [email protected] Chief Peter Marcellais Nahanni Butte Dene Band Grand Chief Gladys Norwegian Fax: 867-602-2910 Dehcho First Nations [email protected] Chief Kenneth Cayen West Point First Nation Patrick Scott [email protected] Executive Director, Dehcho First Nations [email protected] Chief Lloyd Chicot Ka’a’gee Tu First Nation Chief Joachim Bonnetrouge [email protected] Deh Gáh Got’ie First Nation [email protected] Grand Chief George Mackenzie Tłı̨chǫ Government Clifford McLeod [email protected] President, Fort Providence Métis Council [email protected] Michael Birlea A/Director, Department of Culture and Lands Chief Gerald Antoine Protection, Tłı̨chǫ Government Liidlii Kue First Nation [email protected] [email protected] Garry Bailey Daniel Peterson President, Northwest Territories Metis Nation Fort Simpson Métis [email protected] [email protected]

Orlena Modeste Graham Irvine Executive Director, Sahtu Secretariat Regional Environmental Assessment Specialist, Incorporated Health Canada [email protected] [email protected]

James Thorbourne Michael Rybansky Interim Chief Operating Officer, Gwich’in Tribal Environmental Assessment Specialist, Health Council Canada [email protected] [email protected]

Joachim Bonnetrouge Rob Johnstone Chair, Dehcho Land Use Planning Committee Deputy Director, Explosives Safety and Security [email protected] Branch, Natural Resources Canada (NRCan) [email protected] Amy Amos Executive Director, Gwich’in Renewable Adam Downing Resources Board Regional Senior Environmental Supervisor, [email protected] Technical and Environmental Services, Transport Canada Sahtú Renewable Resources Board [email protected] [email protected] Lorraine Seale Adrian Paradis Director, Securities and Project Assessment, Senior Project Manager, Canadian Northern Government of the Northwest Territories Economic Development Agency [email protected] [email protected] Julian Kanigan Kim Pawley Director, CAM, Environment and Natural Manager, Environmental Assessment, Land Use Resources, Government of the Northwest Planning and Conservation, Crown-Indigenous Territories Relations and Northern Affairs Canada (CIRNAC) julian_kanigan@gov,nt.ca [email protected] Kris Brekke Michael Roesch Executive Director, Canadian Parks and Manager, Resource and Land Management, Wilderness Society (CPAWS) – Northwest Crown-Indigenous Relations and Northern Territories Chapter Affairs Canada (CIRNAC) [email protected] [email protected] Barret Lenoir Alasdair Beattie Ducks Unlimited Canada Team Leader, Fish and Fish Habitat Protection, [email protected] Fisheries and Oceans Canada (DFO) [email protected] Dawn Tremblay Interim Executive Director, Ecology North [email protected]

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NWT Wildlife Federation Tom Hoefer [email protected] Executive Director, NWT & Nunavut Chamber of Mines Lisa Worthington [email protected] World Wildlife Fund [email protected] Vanessa Stratton Canadian Association of Petroleum Producers Shelagh Montgomery [email protected] Executive Director, Mackenzie Valley Land and Water Board Renée Comeau [email protected] Executive Director, NWT Chamber of Commerce [email protected]

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Environment and Climate Change Canada Proposal to Establish the Edéhzhíe Dehcho Protected Area as a National Wildlife Area under the Canada Wildlife Act (CWA)

Under Section 124(2) of the Mackenzie Valley Resources Management Act (MVRMA), developments proposed by federal agencies must be evaluated through a preliminary screening. The act defines development as any undertaking that is carried out on land or water, and includes the establishment of certain types of protected areas.

Environment and Climate Change Canada (ECCC) is conducting this preliminary screening to determine whether there might be any significant impacts on the environment or significant public concerns with the designation of the Edéhzhíe Dehcho Protected Area as a National Wildlife Area (NWA). For definition purposes under the MVRMA, this proposal refers to a new development that is not otherwise subject to permitting or licensing by Northwest Territories land and water boards.

As the agency with the legislation to establish the Edéhzhíe NWA, ECCC is responsible for conducting the required preliminary screening under the MVRMA. If ECCC determines that significant adverse impacts on the environment or that significant public concerns exists, than this proposal will be referred to the Mackenzie Valley Environmental Impact Review Board (MVEIRB) for an environmental assessment.

Establishment Process

In 2018, the Government of Canada, in partnership with the Dehcho First Nations, signed an agreement to support the establishment of the Edéhzhíe Dehcho Protected Area in the Northwest Territories (NWT), under Dehcho Dene law. Edéhzhíe is the first co-managed Indigenous Protected Conservation Area (IPCA) designated under the framework established by Canada’s Nature Legacy.

This designation will safeguard Dehcho Dene language, harvesting, and other aspects of the culture. It will also recognize the leadership of the Dehcho in caring for the land, and ensure that the Dehcho people benefit economically from the management of this area. The Edéhzhíe Establishment Agreement (EEA), signed by the Minister of ECCC and the Grand Chief of the Dehcho First Nations, indicated a commitment to establish the area as a NWA under the Wildlife Area Regulations (WAR). The regulatory framework under Canadian law will provide enforcement tools to protect the wildlife and wildlife habitat within the NWA.

Through the complementary designation of Edéhzhíe as a both a Dehcho Protected Area and NWA, the Dehcho First Nations and the Government of Canada would work together to protect Edéhzhíe’s ecological integrity from impacts of future development, climate change and maintain the Dehcho Dene way of life for present and future generations. Timeline

The proposed NWA designation process is expected to be completed in 2021. The target date for publication in the Canada Gazette, Part I is December 2020, and spring of 2021 for publication in Canada Gazette, Part II.

Once designated as a NWA, the Edéhzhíe Protected Area will be formally established under federal law and a management plan must be created by 2023, in accordance with the EEA. The Edéhzhíe Management Board may develop interim management guidelines to guide decisions prior to the completion of the management plan if deemed necessary.

Location and Map

The current Edéhzhíe Dehcho Protected Area covers an area of 14,218 square kilometres in the Dehcho region of the NWT. It is located north of the Mackenzie River between the communities of Wrigley, Fort Simpson, Jean Marie River, Fort Providence, Whatì and Behchokö and shown below on the map within the green shaded area. The northeast boundary of Edéhzhíe borders both Dehcho First Nations and Tłı̨chǫ traditional territories.

Establishment of the proposed Edéhzhíe NWA would occur by amending Schedule I of the WAR and would include a description reflecting the same boundary as the Dehcho Protected Area. The lands are currently under the management and authority of ECCC, and were transferred in 2015 from the Minister of Crown-Indigenous Relations and Northern Affairs Canada.

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Cultural, Ecological and Socio-economic Value

The impetus for permanent protection of the Edéhzhíe area arose from the long held recognition of its cultural and ecological importance to the Dehcho and Tłı̨chǫ peoples. Edéhzhíe is a spiritual place as well as ecologically and physically unique because its lands, waters, and wildlife are integral to the Dehcho Dene culture, language, and way of life.

As documented in the Edéhzhíe Candidate Protected Area Working Group’s Final Recommendations Report, the proposed Edéhzhíe NWA holds strong cultural and spiritual significance for the Dehcho and Tłı̨chǫ peoples. Its diverse aquatic and terrestrial habitats contain abundant wildlife, which supports hunting, fishing, trapping, and other traditional activities. The subsistence value of the area is also well documented, as the rich resources on the Horn Plateau could traditionally be relied upon in times of food scarcity in the lower Mackenzie Valley. Longstanding use and occupancy of the area has engendered a deeply engrained sense of place reinforced by cultural stories, traditional place names and spiritual sites. Networks of trails, winter roads and cabins in the area speak to its ongoing usage for supporting traditional lifestyles and subsistence activities that are cornerstones of local culture. Protection of the area will support and reinforce ongoing socio-cultural practices.

Edéhzhíe protects the headwaters of much of the watershed of the Dehcho region. Its diverse habitat ranges from wetlands to forests and it is home to a wide variety of northern plants and animals. Edéhzhíe encompasses the Horn Plateau, a 600 meter escarpment rising above the Mackenzie Valley, and the surrounding area of boreal forest drained by the Horn and Willowlake rivers. Edéhzhíe provides important habitat for boreal woodland caribou and wood bison: two threatened species listed under the federal Species at Risk Act. Edéhzhíe also contains a portion of Mills Lake, which is a key Biodiversity Area. A Key Biodiversity Area is an area that has been identified as having characteristics that make it important to the maintenance of biodiversity and sustaining wildlife populations. This is a global initiative, based on standards and criteria set by the International Union for the Conservation of Nature (IUCN) Taskforce on Biodiversity and Protected Areas. Mills Lake hosts significant portions of the national population of several migratory birds, including 12 percent of Canada’s eastern population of Tundra swans and 14 percent of our mid-continent population of Greater White-fronted geese. It has been designated as a Key Biodiversity Area as it contributes to the global persistence of biodiversity and represents an area of international importance in terms of biodiversity conservation.

The establishment of Edéhzhíe will support Indigenous rights and leadership in conservation while promoting a conservation economy. Edéhzhíe will largely be managed by the Dehcho First Nations Guardians and Stewardship Program and will employ up to 14 staff, including eight Edéhzhíe Guardians (two Guardians from each of the four surrounding communities). This is the beginning of a conservation economy that reflects the values of the Dehcho First Nations though supporting the well-being of communities by reconnecting people to the land and their culture.

Governance Structure

The Edéhzhíe Protected Area, which will encompass both the Edéhzhíe Dehcho Protected Area and the proposed Edéhzhíe NWA, will be established and managed collaboratively between the Dehcho First Nations and the Government of Canada, with input from the Government of the Northwest Territories (GNWT).

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The 2018 EEA sets out the process to manage the Edéhzhíe Protected Area which includes the creation of the Edéhzhíe Management Plan (EMP). This Plan will be implemented by the EMB, which is comprised of members from the communities of Fort Providence, Fort Simpson, Jean Marie River and Wrigley, a member from the Dehcho First nations and a member from ECCC – Canadian Wildlife Service. The EMP will be reviewed by the Board through public consultation in the fifth year following approval of the first Management Plan and periodically every 10 years.

Visitor Access and Use

Entry into the proposed Edéhzhíe NWA would be prohibited except for:

 individuals authorized to enter through the issuance of a permit under WAR, or;  section 35 rights holders as per the Constitution Act, 1982.

The choice of protection mechanism for Edéhzhíe as a NWA rather than as another type of protected area was partly motivated by the emphasis on wildlife conservation over tourism; nevertheless, the act of protecting Edéhzhíe is expected to encourage visitors. Current visitor use is characterized as low to moderate. Any increase in visitor use will likely occur slowly over time as recognition of Edéhzhíe as a research or tourism destinations grows, and as local communities develop and promote infrastructure to support visitors.

Prohibited and Allowable Activities without a Permit

Activities without a permit issued under the WAR that would be prohibited within the proposed NWA boundary include:

 introduce any living organism that is likely to result in harm to any wildlife or the degradation of any wildlife residence or wildlife habitat;  hunt, fish or trap;  be in possession of any equipment that could be used for hunting, fishing or trapping;  have in their possession, while fishing, any lead sinkers or lead jigs;  have in their possession any wildlife, carcass, nest, egg or a part of any of those things;  carry on any agricultural activity, graze livestock or harvest any natural or cultivated crop;  bring a domestic animal with hooves into the wildlife area;  allow any domestic animal to run at large or keep it on a leash that is longer than 3 three metres;  carry on any recreational activities, including swimming, camping, hiking, wildlife viewing, snowshoeing, cross-country skiing and skating;  participate in a group meal or a group event of 15 or more people;  light or maintain a fire;  operate a conveyance - including a conveyance without a driver on board - other than an aircraft;  conduct a take-off or landing of an aircraft, including a remotely piloted aircraft;  operate on land or in the water a remotely controlled self-propelled device or set in motion on land or in the water an autonomous self-propelled device;  remove, deface, damage or destroy any poster or sign or any fence, building or other structure;  sell, or offer for sale, any goods or services;

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 carry on any industrial activity;  disturb or remove any soil, sand, gravel or other material;  dump or deposit any rubbish or waste material, or any substance that would degrade or alter the quality of the environment;  remove, deface, damage or destroy any artifact or natural object; or  carry out any other activity that is likely to disturb, damage, destroy or remove from the wildlife area any wildlife —whether alive or dead — wildlife residence or wildlife habitat.

It is proposed that, for clarity and consistency with the EEA, “resource harvesting” and “cultural uses and activities” be exempt from requiring permits when carried out by section 35 right holders as per the Constitution Act, 1982. This will be accomplished by way of an addition to the proposed new Schedule I.1 of the WAR.

Resource Rights

Section 35 rights holders will maintain the right to harvest and carry out traditional land-based cultural activities.

Industrial developments such as oil and gas and mineral exploration and extraction, commercial forestry or fisheries operations and hydroelectric development operations will no longer be permitted in Edéhzhíe. On June 2, 2020, the GNWT indefinitely extended a subsurface land withdrawal for the Edéhzhíe Dehcho Protected Area to complement the designation of the proposed Edéhzhíe NWA (LWO R-052-2014).

Infrastructure

While no major buildings or other permanent structures are currently proposed, should the need for such facilities arise, they would be subject to relevant environmental screening to identify possible impacts and mitigation measures.

Consultations

Advancement of the proposed Edéhzhíe NWA has been a community driven process for over 20 years encompassing community consultations, workshops, negotiations and forums. Since 2002, regular meetings have been held among First Nations, and with stakeholders, including the oil gas sector, conservation groups, the mining sector, the tourism sector, GNWT, local communities in the NWT, Crown-Indigenous Relations and Northern Affairs Canada, ECCC, and others.

In 2009, the Edéhzhíe Working Group (comprised of the above-noted entities) completed its Edéhzhíe Recommendation Report, which recommended the establishment of an NWA under the WAR. The report was submitted to the Dehcho First Nations and the Tłı̨chǫ Government in March 2010.

After completing this report, the Edéhzhíe Working Group met on several occasions (2011 and 2013) to discuss and develop next steps to establish the Edéhzhíe Protected Area. In 2014, the Dehcho First Nations signaled to the Government of Canada that they wanted to build momentum towards formal establishment of the Edéhzhíe Protected Area. This lead to additional meetings and consultations to determine the path forwards. The Dehcho First Nations and ECCC worked closely together for the next

5 several years to develop the Edéhzhíe Establishment Agreement. The Dehcho First Nations provided regular updates during Annual Dehcho First Nation Assemblies, which all Dehcho First Nation communities attend, and had opportunity to discuss the path forward towards establishing the Edéhzhíe Protected Area. ECCC and the Dehcho First Nation consulted with Tłı̨chǫ Government in 2017 and 2018 to re-confirm their support for the boundary and the EEA. The GNWT was engaged in 2018 regarding the subsurface and pertinent sections of the Edéhzhíe Establishment Agreement. This consultation led to an additional clause being added to the Establishment Agreement regarding the Willowlake River Corridor.

On June 4, 2020, agreement was reached with the GNWT to permanently withdraw all subsurface rights under Edéhzhíe. The proposed NWA would be co-managed by ECCC and the Dehcho First Nations, with input from the GNWT.

Strategic Environmental Assessment

A Strategic Environmental Assessment (SEA) examining impacts associated with establishing Edéhzhíe as a NWA was produced under the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. This process is required for any proposal seeking ministerial approval in accordance with the federal commitment to sustainable development. The SEA incorporated critical elements from a series of assessment reports that examined oral history, ecological characteristics, non-renewable resource potential, renewable resource potential and socio-economic characteristics of the area. The SEA concluded that establishing Edéhzhíe as a NWA is not likely to result in important negative environmental effects. It is likely to result in positive environmental and related socio-cultural effects through the conservation of natural ecosystems and species, and protection of subsistence harvesting activities and traditional use by the Dehcho and Tłı̨chǫ First Nations.

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Edéhzhíe Protected Area Box 89, Fort Simpson, N.W.T. X0E 0N0 Tel: (867) 695-2355/2610 | Fax: (867) 695-2038 E-mail: [email protected]

September 3, 2020

Bruce MacDonald Director, Canadian Wildlife Service – Northern Region Environment and Climate Change Canada 4th Floor, 5019 52 Street Yellowknife, NT X1A 1T5 via email: [email protected]

Dear Mr. MacDonald:

Re: Mackenzie Valley Resource Management Act Preliminary Screening for the Proposal to Designate the Edéhzhíe Dehcho Protected Area as a National Wildlife Area

The Edéhzhíe Management Board (EMB) has recently been informed that Environment and Climate Change Canada (ECCC) intends to proceed with a preliminary screening pursuant to section 124(2) of the Mackenzie Valley Resource Management Act (MVRMA). This screening will determine whether or not the proposal to designate the existing Edéhzhíe Dehcho Protected Area as a National Wildlife Area (NWA) should be referred to the Mackenzie Valley Environmental Impact Review Board for environmental assessment.

In 2018, the Dehcho First Nations designated Edéhzhíe as a Dehcho Protected Area. This designation under Dehcho Dene law will safeguard Dehcho Dene language, harvesting, and other aspects of the culture. It will also recognize the leadership of the Dehcho Dene in caring for the land, and ensure that the Dehcho people benefit economically from the management of this area. Further, designating Edéhzhíe as a NWA, will complement the existing designation under Dehcho Dene law, by providing the regulatory framework under Canadian law to provide enforcement tools to protect wildlife and wildlife habitat within Edéhzhíe. We note the area is identified as a Candidate Protected Area under the Draft Dehcho Land Use Plan (2006). Finally, as of June 2, 2020, Edéhzhíe now has an indefinite subsurface land withdrawal under the Northwest Territories Lands Act.

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Edéhzhíe Protected Area Box 89, Fort Simpson, N.W.T. X0E 0N0 Tel: (867) 695-2355/2610 | Fax: (867) 695-2038 E-mail: [email protected]

The EMB supports ECCC with moving forward with this screening and supports the proposal to designate the existing Edéhzhíe Dehcho Protected Area as a NWA. Furthermore, the EMB is of the opinion that the proposed NWA designation does not need to be referred to the Mackenzie Valley Environmental Impact Review Board for an environmental assessment. It is the view of the EMB that this proposed NWA designation will not cause public concern or negative impacts to the environment.

Mahsi,

Heidi Wiebe, Interim Chairperson Edéhzhíe Management Board

cc: Dehcho First Nations

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DEHCHO FIRST NATIONS BOX 89, FORT SIMPSON, N.W.T. X0E 0N0 TEL: (867) 695-2355/2610 FAX: (867) 695-2038 EMAIL: [email protected]

Sept 9, 2020

Bruce MacDonald Director, Canadian Wildlife Service – Northern Region Environment and Climate Change Canada 4th Floor, 5019 52 Street Yellowknife, NT X1A 1T5 via email: [email protected]

Dear Mr. MacDonald:

Re: Mackenzie Valley Resource Management Act Preliminary Screening for the Proposal to Designate the Edéhzhíe Dehcho Protected Area as a Na>onal Wildlife Area

The Dehcho First NaOons (DFN) supports Environment and Climate Change Canada (ECCC) moving forward with a preliminary screening pursuant to secOon 124(2) of the Mackenzie Valley Resource Management Act (MVRMA) as part of the process towards designaOng Edéhzhíe as NaOonal Wildlife Area (NWA).

In 2018, DFN designated Edéhzhíe as a Dehcho Protected Area. This designaOon under Dehcho Dene law will safeguard Dehcho Dene language, harvesOng, and other cultural aspects. This designaOon will also recognize the leadership of the Dehcho is caring for the land, and ensure that the Dehcho people benefit economically from the management of this area. Further, designaOng Edéhzhíe as a NWA, will complement the exisOng designaOon under Dehcho Dene law, by providing the regulatory framework under Canadian law to provide enforcement tools to protect wildlife and wildlife habitat within Edéhzhíe. We note the area is idenOfied as a Candidate Protected Area under the Dra] Dehcho Land Use Plan (2006).

DFN are of the opinion that the proposed NWA designaOon does not need to be referred to the Mackenzie Valley Review Board for an environmental assessment as it will not cause public concern or negaOve impacts to the environment.

Mahsi,

Patrick Scoa, ExecuOve Director Dehcho First NaOons

September 15, 2020 Bruce MacDonald Director, Canadian Wildlife Service – Northern Region Environment and Climate Change Canada 4th Floor, 5019 52 Street Yellowknife, NT X1A 1T5

Dear Mr. MacDonald:

Re: Mackenzie Valley Resource Management Act Preliminary Screening for the Proposal to Designate the Edéhzhíe Dehcho Protected Area as a National Wildlife Area

T Government has collaborated with the Dehcho First Nations on the designation of Edéhzhíe as a Dehcho Protected Area since the Tlicho-Dehcho overlap agreement in 2002. łı̨chǫ In 2018, the Dehcho First Nations designated Edéhzhíe as a Protected Area with support and representation from the T Government. This designation safeguards Dehcho and T traditional harvesting rights and shared history in this area. It also recognizes the leadership of the Dehcho and T in caringłı̨chǫ for the land, and ensure that both our people benefit fromłı̨chǫ the management of this area. łı̨chǫ The Edéhzhíe Management Board (EMB) has recently been informed that Environment and Climate Change Canada (ECCC) intends to proceed with a preliminary screening pursuant to section 124(2) of the Mackenzie Valley Resource Management Act (MVRMA). This screening will determine whether or not the proposal to designate the existing Edéhzhíe Dehcho Protected Area as a National Wildlife Area (NWA) should be referred to the Mackenzie Valley Environmental Impact Review Board for environmental assessment.

Government supports ECCC on moving forward with preliminary screening pursuant to section 124(2) of the Mackenzie Valley Resource Management Act (MVRMA). The and TłDehchoı̨chǫ share a common vision for Edéhzhíe and the continue to support any efforts made towards its designation as a National Wildlife Area. Tłı̨chǫ Tłı̨chǫ

Michael Birlea A/Director, Department of Culture and Lands Protection Tłı̨chǫ Government

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AGREEMENT REGARDING THE ESTABLISHMENT OF EDÉHZHÍE

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of the Environment who is responsible for the Department of the Environment (“Canada”)

AND

DEHCHO FIRST NATIONS

PREAMBLE

WHEREAS

1. Edéhzhíe is a spiritual place that is ecologically and physically unique. Its lands, waters and wildlife are integral to the Dehcho Dene culture, language and way of life;

2. The Dehcho Dene are keepers of these lands, waters and wildlife given to them by the Creator, and are responsible for upholding Dene laws and the directions of their Elders to protect Edéhzhíe;

3. National Wildlife Areas conserve key areas of biodiversity for the benefit of wildlife and people. These important areas for wildlife are often important areas for Indigenous peoples. This confluence of interests has produced a long history of collaboration, co- management, and respect for Indigenous rights and practices. Canada manages some of these protected areas together with Indigenous peoples;

4. Canada and the Dehcho Dene are committed to reconciliation and a renewed government-to-government relationship that recognizes and respects the ongoing presence and inherent rights of the Dehcho Dene within Edéhzhíe;

5. Canada and the Dehcho Dene agree that permanent protective measures are essential to safeguard Edéhzhíe as one of the Earth’s great natural and cultural treasures; and

6. Canada and the Dehcho Dene are committed to working together to implement the highest standards of protection and preservation in this area as a foundation to ensure that the lands, waters and wildlife of Edéhzhíe are maintained for present and future generations in accordance with this Agreement.

Page 1 NOW THEREFORE the Parties agree as follows:

1.0 DEFINITIONS

“Agreement” means this Agreement, including all schedules and any instrument amending this Agreement;

“Assembly” means the Dehcho First Nations Annual Assembly;

"Canada" means Her Majesty the Queen in Right of Canada as represented by the Minister of the Environment;

“Dehcho Dene Zhatie”́ means the indigenous language spoken among the Dehcho First Nations;

“Dehcho First Nations” means Łıı́d́ lıı̨ ̨Kuę́ ̨́ First Nation (Fort Simpson), Deh G áh Got’ie First Nation (Fort Providence), Pehdzeh Ki First Nation (Wrigley), West Point First Nation (Hay River), Tthets’ ék’ed élį First Nation (Jean Marie River), Sambaa K’e First Nation (Trout Lake), Naɂa Dehé Dene Band (Nahanni Butte), K’ ágee Tu First Nation (Kakisa), Fort Simpson Metis Local 52, and the Fort Providence Metis Local 57, as represented by the Grand Chief and the Dehcho First Nations regional office;

“Dehcho K’ éhodi Stewardship and Guardian Program” means the guardianship, monitoring, and on-the-land programs operated by the Dehcho First Nations in Edéhzhíe;

“Dene Ahthít’e” means the ongoing relationship between Dene and the land as expressed through the Dene way of life, including language, customs, traditions, historical experiences, spiritual practices, and laws;

“Ed éhzhíe” means the lands and waters as identified on Schedule 1 and Schedule 2 that, on the Establishment Date, will be designated by the Dehcho First Nations as a Dehcho Protected Area and by Canada as a National Wildlife Area;

“Ed éhzhíe Management Board” or “the Board” means the body established by the Parties pursuant to Part 5;

“Effective Date" means the date on which this Agreement was signed by the Parties;

“Elder/Harvester Committees” are bodies established by the Dehcho First Nations in Lıı́ dĺ ıı̨̨ ̨Kúę ́,̨ Deh G áh Got’ie, Pehdzeh Ki, and Tthets’ ék’edé lį to provide knowledge and advice about Edéhzhíe to the Parties and the Edéhzhíe Management Board;

“Establishment Date” means the date on which the designations of Edéh zhíe as a National Wildlife Area by Canada and the Dehcho First Nations as a Dehcho Protected Area both come into effect;

Page 2 “Fiscal Year” means the year beginning April 1 of one calendar year and ending March 31 of the following calendar year;

“Grand Chief” means the Grand Chief of the Dehcho First Nations;

"Management Plan" means any management plan approved by the Parties in accordance with this Agreement;

“Minister” means the Minister of the Environment (Canada);

“Parties” means the Dehcho First Nations and Canada;

“Subsurface Resources” include all minerals, quarry materials, and petroleum occurring within or under Edéhzhíe;

“Section 35 Rights” mean aboriginal and treaty rights recognized and affirmed under section 35 (1) of the Constitution Act, 1982;

“Wildlife Area Regulations” mean the Wildlife Area Regulations, C.R.C., c. 1609 made under the Canada Wildlife Act, R.S.C., 1985, c. W-9; and

"Willowlake River Corridor" means that part of Edéhzhíe that is marked as such on the map in Schedule 1.

2.0 ESTABLISHMENT AND PROTECTION

2.1 The Minister shall take such legislative steps as are necessary to add the Edéhzhíe National Wildlife Area to Schedule 1 of the Wildlife Area Regulations and to give effect to this Agreement.

2.2 The Dehcho First Nations shall pass an Assembly resolution designating Edéhzhíe as a Dehcho Protected Area.

2.3 As of the Establishment Date, Edéhzhíe shall be protected by Canada as a National Wildlife Area under the Wildlife Area Regulations and by the Dehcho First Nations as a Dehcho Protected Area.

2.4 Prior to the Establishment Date, Canada and the Dehcho First Nations shall together work with the Government of the Northwest Territories to secure permanent protection of Edéhzhíe through, among other means, the permanent withdrawal of all rights to Subsurface Resources that the Crown have not otherwise granted to third parties at the Establishment Date.

Page 3 2.5 Should permanent protection, to the satisfaction of both Parties, not be achieved, Edéhzhíe will not be established.

3.0 PURPOSES

3.1 The Parties shall work together to permanently protect Edéhzhíe.

3.2 All decisions and management actions by the Parties in respect of Edéhzhíe shall be consistent with the following purposes:

(a) respect and protect the lands and waters, including:

(1) conserve and protect the ecological integrity of Edéhzhíe as an intact watershed within the Dehcho region; (2) conserve wildlife and wildlife habitat; and (3) provide for research, monitoring and education about Edéhzhíe, including the conditions under which long-term ecological and cultural research, monitoring and education may be undertaken;

(b) respect and promote Dene Ahthít’e including:

(1) provide for resource harvesting and other cultural uses and activities within Edéhzhíe; (2) support and maintain the ongoing relationship between Dehcho people and Edéhzhíe;

(c) contribute to reconciliation between the Parties, including:

(1) recognize that the inherent rights of the Dehcho First Nations are a foundation of the relationship between the Parties; (2) ensure that Dene Ahthít’e, Dehcho Dene Zhatie,́ and Dehcho knowledge are meaningfully incorporated in decisions and management actions in respect of Edéhzhíe; and (3) work in a constructive and collaborative manner to achieve consensus, and, where necessary, to resolve issues and disputes between the Parties.

3.3 The Parties agree that:

(a) Individuals exercising Section 35 Rights in a manner consistent with Dehcho law shall not require additional permits or authorizations from Canada, and shall not be required to pay fees to engage in Dene Ahthít’e within Ed éhzhíe, including for resource harvesting and other cultural uses and activities.

Page 4 (b) Decisions concerning Edéhzhíe shall be adaptive, ecosystem-based, respectful of natural processes, and informed by the best available Dehcho and scientific knowledge.

(c) Edéhzhíe shall be managed as a permanently protected area. Activities that are likely to have a significant adverse effect on the ecological and/or cultural values of Edéhzhíe shall be prohibited within Edéhzhíe. Prohibited activities include but are not limited to the exploration or exploitation of Subsurface Resources for commercial purposes.

(d) Research, monitoring and educational activities shall be encouraged within Edéhzhíe in accordance with the Management Plan and any terms and conditions established by the Parties.

(e) The Minister or his/her designate shall generally issue an authorization under the Wildlife Area Regulations for the purpose of a resource access route requested by the Government of the Northwest Territories through the Willowlake River Corridor where the Minister has determined that:

i. there is no alternate resource access route of comparable cost effectiveness and technical feasibility; ii. the resource access route is not likely to have any significant adverse impact on the ecological and/or cultural values of Edéhzhíe, or can be made subject to the imposition of such measures as are capable of preventing such significant adverse impacts; iii. all applicable criteria in the Wildlife Area Regulations, as amended from time to time, have been satisfied; and iv. the Dehcho First Nations have approved the proposed resource access route.

(f) Other activities and infrastructure that the Parties agree are necessary for the management and operation of Edéhzhíe or otherwise consistent with the purposes of this Agreement may be permitted within Edéhzhíe in accordance with the Management Plan and any terms and conditions established by the Parties.

4.0 OBLIGATIONS OF THE PARTIES

4.1 The Parties shall exercise their respective jurisdictions and authorities and shall carry out their respective obligations under this Agreement in the best interests of Edéhzhíe.

4.2 The Parties are together responsible for the management and operation of Edéhzhíe, and may, by agreement in writing, take any actions they deem to be necessary to achieve the purposes of this Agreement.

Page 5 4.3 The Dehcho First Nations shall establish and operate a Dehcho K’éhodi Stewardship and Guardian Program to carry out ecological monitoring, cultural protection, mentorship, training and educational activities, and to contribute to monitoring and management activities that the Parties undertake together with respect to Edéhzhíe.

4.4 Each Party shall designate an individual who shall be responsible for ensuring that the management and operational activities of Dehcho K’ehodí Stewardship and Guardian Program and Canada are integrated and coordinated to the extent reasonably possible.

4.5 As soon as reasonably practicable after entering into this Agreement, the Parties shall together develop an enforcement protocol. The protocol shall include mutually-agreed- upon procedures and practices. It shall be followed where there is any question whether an activity is being carried out pursuant to a Section 35 Right. The protocol shall be reviewed periodically with the development and review of the Management Plan.

5.0 COMPOSITION AND FUNCTIONING OF THE EDÉHZHÍE MANAGEMENT BOARD

5.1 The Parties shall establish an Edéhzhíe Management Board to assist them in the management and operation of Edéhzhíe.

5.2 Prior to the Establishment Date, the Parties shall each appoint members to the Edéhzhíe Management Board as follows:

(a) 5 members appointed by the Dehcho First Nations, consisting of one member selected by each of Lııdlıı Kú ́ e (Fort̨ ̨ ̨́ ̨́ Simpson), Tthets’ k’edé l (Jeané į Marie River), Deh G h Gotá’ie (Fort Providence), and Pehdzeh Ki (Wrigley), and one member selected by the Grand Chief to represent the Dehcho region; (b) 1 member, who shall be an employee of Environment and Climate Change Canada, appointed by the Minister or his/her designate; and (c) 1 impartial chair, jointly selected and appointed by the Parties.

5.3 Members and the chair shall have demonstrable interest, knowledge or experience in conservation, wildlife and/or Dene Ahthít’e, and shall be free from personal conflicts of interest. No member shall be considered to have a conflict of interest by reason only of being officials or employees of Canada or the Dehcho First Nations.

5.4 Board members shall be responsible for informing themselves of the interests, on the matters being discussed, of their appointing Parties and communities; for bringing these interests forward at Board meetings; for making all reasonable efforts to find a consensus within the Board on these interests; and for reporting back to their appointing Parties and communities on the results of Board meetings. Board members are not representatives of the Parties.

Page 6 5.5 Members may be appointed to the Edéhzhíe Management Board for a term of not more than 4 years. A Party may reappoint a member to the Edéhzhíe Management Board for a subsequent term(s). The chair may be reappointed by the Parties.

5.6 Members may be removed for cause by the Party that appointed them, or in the case of the chair, by the agreement of the Parties.

5.7 If a member leaves or is removed for cause before his or her term expires, the Party which appointed that member shall appoint a replacement member for the balance of the departing member’s term. Except as provided in this section, no replacement or alternate members may be appointed to the Edéhzhíe Management Board.

5.8 The Edéhzhíe Management Board shall make its decisions by consensus. The Board's decisions concerning the management and operation of Edéhzhíe shall be consistent with the purposes set out in Part 3, and are subject to approval by the Parties in accordance with Part 6.

5.9 A quorum of the Edéhzhíe Management Board requires the participation of the member appointed by Canada, a majority of the members appointed by the Dehcho First Nations, and the chair.

5.10 The chair shall oversee, facilitate, mediate as needed and record the consensus minutes of the Edéhzhíe Management Board, but the chair shall remain impartial and shall not otherwise participate in the consensus decision-making process.

5.11 Each Party shall designate a senior representative (“Senior Representative”), responsible for the management and operation of Edéhzhíe, who shall attend meetings of the Edéhzhíe Management Board. The Senior Representatives are expected to participate in Edéhzhíe Management Board discussions and they may, as they deem appropriate, express views on all Edéhzhíe Management Board decisions, unless the Edéhzhíe Management Board by consensus determines that it is necessary to conduct in camera deliberations.

5.12 If the Senior Representatives agree with the Edéhzhíe Management Board's consensus, they may so indicate to the Board, and if both Senior Representatives agree with the consensus, the decision shall be deemed approved by the Parties.

5.13 In the event that the Edéhzhíe Management Board is unable to come to a consensus on a matter and the situation does not constitute an emergency under section 6.13, the Board, a member or the members of the Board may request that the Parties resolve the matter in accordance with the processes set out in Part 8.

Page 7 5.14 Meetings of the Board shall normally be in-person and open to the public. The Board may by consensus agree to hold meetings using telecommunications. Where necessary, the Board may by consensus agree to conduct in camera deliberations.

5.15 Subject to the provisions of this Agreement, the Board shall establish and make publicly available its operating procedures and rules for the performance of its functions, including reaching consensus, and how to resolve any impasses. For greater certainty, the Board’s operating procedures are not subject to approval by the Parties.

5.16 The Edéhzhíe Management Board may seek the expertise and advice of the applicable Elder/Harvester Committees, and may seek the expertise and advice of the Parties and other persons in order to advance the purposes set out in this Agreement and to otherwise carry out its roles and responsibilities.

5.17 The Edéhzhíe Management Board may apply to participate to the extent that any other person may in any public regulatory proceeding that may affect Edéhzhíe.

5.18 All meetings, publications and reports of the Edéhzhíe Management Board shall provide for Dehcho Dene Zhati é translation, unless the Board determines otherwise.

6.0 SHARED DECISION-MAKING

6.1 In this Part, “Decisions” and “Edéhzhíe Management Board Decisions” mean all Edéhzhíe Management Board decisions, inquiries, requests and advice under Part 5.

6.2 The Parties shall refer all proposals, activities or developments that affect the planning, management, operation, monitoring and evaluation of Edéhzhíe to the Edéhzhíe Management Board.

6.3 The Board may advise the Parties on all aspects of the planning, management, operation, monitoring and evaluation of Edéhzhíe.

6.4 The Parties shall share with each other and with the Edéhzhíe Management Board all information (including data, studies and other documents) relevant to the planning, operation and management of Edéhzhíe. The Parties acknowledge and agree that certain information may be subject to confidentiality, information and privacy requirements and intellectual property rights and shall only be shared if permitted by and in accordance with such requirements.

6.5 The Edéhzhíe Management Board shall respond to a referral under section 6.2 within the time frame specified by the requesting Party or Parties.

6.6 Requests by the Edéhzhíe Management Board to extend the time frame for a response to a referral under section 6.2, and throughout this Part, shall not be unreasonably denied.

Page 8 6.7 The Parties shall consider Edéhzhíe Management Board Decisions received under sections 6.3, 6.5 and 6.6, and shall implement the Decisions if there are no objections by either Party.

6.8 Where the Parties agree to implement the Decisions of the Edéhzhíe Management Board, the Parties shall collaborate to the extent reasonably possible in carrying out the actions required, and may seek the further advice of the Edéhzhíe Management Board on implementation.

6.9 If a Party objects to a Decision made by the Edéhzhíe Management Board, that Party shall provide a written response to the Edéhzhíe Management Board outlining the reasons for the objection and the time frame for further response from the Edéhzhíe Management Board.

6.10 On receipt of a written Party response under section 6.9, the Edéhzhíe Management Board shall reconsider its Decision, and it may provide a further written Decision to the Parties within the time frame specified.

6.11 If a Party continues to object to the Decision of the Edéhzhíe Management Board after receiving a further Decision under section 6.10, the Party objecting to the Decision may refer the matter to Issue resolution under Part 8.

6.12 The Parties may by consensus make decisions or take management actions on matters referred to the Board prior to a Decision by the Board in circumstances where the Parties deem it necessary to achieve the purposes of this Agreement.

6.13 Either Party may, acting reasonably, take such actions as it deems necessary in an emergency, and shall provide notice and information to the other Party and to the Board concerning the emergency and any actions taken as soon as reasonably practicable.

7.0 MANAGEMENT PLANNING

7.1 With the assistance and advice of the Edéhzhíe Management Board, the Parties shall develop and implement a Management Plan for Edéhzhíe. The Management Plan shall contribute to the purposes of this Agreement and shall include management priorities, actions to accomplish them, indicators to test whether the purposes of the Agreement are in fact being achieved, and a schedule by which the Parties agree to implement these actions. 7.2 The first Management Plan shall be approved by the Parties within five (5) years of the Effective Date.

7.3 The Edéhzhíe Management Board shall develop and recommend a process for the preparation and review of the Management Plan for approval by the Parties.

Page 9 7.4 The Parties and the Edéhzhíe Management Board shall seek the expertise and advice of the applicable Elder/Harvester Committees and invite public input into the preparation and review of the Management Plan in accordance with the process approved by the Parties pursuant to section 7.3.

7.5 In advance of the approval of the first Management Plan, the Parties may, in accordance with this Agreement, establish management and operation measures on an interim basis.

7.6 The Parties and the Edéhzhíe Management Board shall commence a review and may propose revisions to the Management Plan in the fifth year following the approval of the first Management Plan. Thereafter, the Parties and the Edéhzhíe Management Board shall undertake periodic reviews of the Management Plan every 10 years. A Party or the Edéhzhíe Management Board may also, whenever it deems advisable, propose revisions to the Management Plan for approval by the Parties.

7.7 The approval or revision of a Management Plan by the Parties is subject to Dispute and Issue resolution under Part 8.

7.8 The Edéhzhíe Management Board shall develop a harvesting protocol for approval by the Parties. The protocol shall be finalized with the completion of the first Management Plan, and it shall be reviewed and may be revised in accordance with section 7.6.

8.0 DISPUTE AND ISSUE RESOLUTION

8.1 Any question or disagreement arising between the Parties concerning the interpretation of the Agreement shall be considered a “Dispute” and shall be addressed in accordance with the provisions in section 8.3. A disagreement about a proposed amendment to this Agreement is not subject to this Part.

8.2 Any disagreement between the Parties on a matter concerning Edéhzhíe that is not a Dispute shall be considered an “Issue” and shall be addressed in accordance with the provisions in section 8.4.

8.3 In the event that a Dispute arises between the Parties:

(a) either disputing Party may, within fifteen (15) days of the Dispute arising, give written notice to the other Party, describing the details of the Dispute and any requested or proposed remedy or resolution of it, and the Parties shall meet within thirty (30) days, or on such schedule as they mutually agree, to seek an informal resolution of the Dispute;

(b) if the Dispute has not been resolved thirty (30) days from the date of the first meeting between the Parties, or from such other time as the Parties may determine, the

Page 10 Parties may agree to refer the matter to mediation, to attempt resolution of the Dispute with the assistance of a mutually-acceptable mediator. If the Parties do not agree to refer the matter to mediation, or if they are unsuccessful in resolving the Dispute using mediation, either Party may refer the matter to arbitration;

(c) if the Dispute is referred to arbitration, the Parties shall seek agreement on the appointment of a single arbitrator. In the event that the Parties are unable to agree on a single arbitrator, they shall apply to a justice of the Supreme Court of the Northwest Territories asking that the justice select an arbitrator from a list comprised of at most two candidates put forward by each Party;

(d) unless otherwise agreed by the Parties, the arbitration shall be conducted in accordance with the Commercial Arbitration Act R.S.C. 1985, c.17, in the Northwest Territories;

(e) an arbitrator may not consider or rule on the validity of this Agreement, or change the Agreement in any manner, and an arbitrator shall have no authority to make an order which has the effect of limiting the lawful jurisdiction, authority or obligations of either Party;

(f) subject to any recourse to a court that may flow from the resolution of any Dispute by an arbitrator, the resolution of any Dispute shall be final and binding upon the Parties; and

(g) unless the Parties otherwise agree or the arbitrator otherwise decides, the Parties shall each bear their own costs and pay equally all other costs of resolving the Dispute.

8.4 In the event of an Issue arising between the Parties:

(a) either Party may initiate the Issue resolution process by submission, to the other Party, of an Issue Assessment describing the Issue, the interests of the Party bringing the Issue forward for resolution, the nature of any disagreements which have arisen or may arise, and that Party’s proposed options for resolving the Issue (“an Issue Assessment”);

(b) within a maximum of forty-five (45) days of receipt of the Issue Assessment, the other Party shall provide a formal response addressing the Issue described in the Issue Assessment, and the Parties shall meet to formally consider the Issue within thirty (30) days of the formal response;

(c) in the event the Parties are unable to resolve an Issue after meeting, considering and discussing the Issue Assessment and the formal response, either Party may initiate one or more of the following processes within fifteen (15) days:

Page 11 (1) refer the Issue to a working group composed of members of the Edéhzhíe Management Board and representatives of the Parties; (2) commission third-party studies, evaluations or similar projects to provide the Parties with information, analysis or advice on how to resolve the Issue; or (3) any other dispute resolution process as is agreeable to the Parties, including using the assistance of an impartial third party;

(d) further deliberations by the Parties on any Issue that is the subject of a process under (c) shall be deferred until such time as a formal report is provided as an outcome of that process, and the Parties have met to consider the formal report and to attempt to resolve the Issue;

(e) in the event of a clear and final disagreement of the Parties on an Issue, related decisions and any actions arising shall be held in abeyance and may be referred in writing within thirty (30) days of the conclusion of (d) to the Grand Chief and to the Minister, asking that they attempt, in good faith, to reach agreement on the Issue. The Parties may request the assistance of an agreed-upon impartial third party, to assist them to reach agreement on the Issue. For greater certainty, the Parties may, by mutual agreement in writing, change any of the time frames set out in Part 8 above.

8.5 For greater certainty, the Parties may, by mutual agreement in writing, change any of the time frames set out in Part 8 above.

9.0 EMPLOYMENT AND BUSINESS PROVISIONS

Employment and Advancement

9.1 The Parties are committed to maximizing Dehcho participation in all positions primarily associated with the management and operation of Edéhzhíe. The positions primarily associated with the management and operation of Edéhzhíe by Canada and the Dehcho First Nations are identified in Schedule 3 to this Agreement.

9.2 The Parties shall collaborate in the development of a human resource strategy to:

(a) increase Dehcho employability and employment; (b) promote and retain Dehcho member employees; and (c) mentor Dehcho youth.

9.3 Canada shall ensure that, when recruiting for positions primarily associated with the management and operation of Edéhzhíe, consideration will be given to Dehcho knowledge, skills and qualifications including:

(a) competency in Dehcho Dene Zhati é; (b) knowledge of Dehcho culture;

Page 12 (c) community awareness; and (d) other relevant experience.

9.4 Each Party shall invite a representative of the other Party to be involved in the recruitment process for positions primarily associated with the management and operation of Edéhzhíe, including the development of qualifications and the participation in selection panels and hiring interviews.

9.5 Canada shall provide Dehcho citizens employed by Canada primarily associated with the management and operation of Edéhzhíe with reasonable training and advancement opportunities, such as on-the-job training, off-site training, and continuing education or educational leave, and reasonable accommodations to engage in Dehcho cultural activities.

Contracting

9.6 The Parties are committed to maximizing Dehcho participation in the procurement of goods and services required for the management and operation of Edéhzhíe.

9.7 Where Canada intends to secure goods or services for the management and operation of Edéhzhíe, Canada shall provide Dehcho businesses with preferential bidding opportunities where policy permits, and in any event, with reasonable opportunities to submit competitive bids, including: setting the date, location, terms and conditions for bidding so that Dehcho businesses may readily bid; inviting bids by commodity groupings; permitting bids for goods and services for a specified portion of a larger contract package; and designing construction contracts so as to increase the opportunity for smaller and more specialized firms to bid.

9.8 Canada shall give priority to hiring qualified Dehcho individuals in any contract undertaken by Canada in Edéhzhíe, and shall require third party contractors retained by Canada to carry out work in Edéhzhíe to give priority to hiring qualified Dehcho individuals as a condition of the award of any contract.

Future Employment and Contracting Opportunities

9.9 The Parties and the Edéhzhíe Management Board shall, on an ongoing basis, identify any future opportunities for employment and contracting.

9.10 The Parties shall refer any proposals from third parties to carry out business activities within Edéhzhíe to the Edéhzhíe Management Board for decision in accordance with Part 6 above.

Page 13 10.0 FINANCIAL PROVISIONS

Operational and Capital Expenditures

10.1 The terms and conditions by which funding is to be provided to the Dehcho First Nations for the categories identified in Schedule 4 shall be set out in separate funding agreement(s).

10.2 Canada shall contribute the funding identified in Schedule 4 to the Dehcho First Nations for the Dehcho K’ehodí Stewardship and Guardian Program in accordance with annual workplans and budgets proposed by the Dehcho First Nations and approved by the Parties in accordance with sections 10.8 and 10.9.

10.3 Canada shall provide the financial support identified in Schedule 4 to the Dehcho First Nations for the operations of the Edéhzhíe Management Board in accordance with annual workplans and budgets proposed by the Edéhzhíe Management Board and approved by the Parties in accordance with sections 10.8 and 10.9.

10.4 Canada shall provide the funding identified in Schedule 4 to the Dehcho First Nations to establish and maintain capital infrastructure in support of the management and operation of Edéhzhíe.

10.5 Canada shall also allocate resources to meet its other management commitments under this Agreement, including species monitoring, habitat management and liaison with the Dehcho First Nations.

10.6 The amounts set out in Schedule 4 shall be adjusted for inflation, in the second and following Fiscal Years of the funding agreement, for any increase in the annual Consumer Price Index ("CPI”) for Canada, in accordance with standard Government of Canada application of the CPI. In the event that future Government of Canada policy provides for the application of a regional CPI, the Yellowknife CPI shall apply.

10.7 Any funds allocated in a given Fiscal Year that are not expended in that Fiscal Year shall, unless otherwise agreed by the Parties, be added to the funds available in the subsequent Fiscal Year to cover deliverables under this Agreement.

Workplans and Budgets

10.8 The Dehcho First Nations and the Edéhzhíe Management Board shall prepare the proposed annual workplans and budgets identified in sections 10.2, 10.3, and 10.4 no later than February 1 of each Fiscal Year.

10.9 The Parties shall review, amend as they deem appropriate, and approve the annual workplans and budgets proposed by the Dehcho First Nations and the Edéhzhíe

Page 14 Management Board under section 10.8. In approving the annual workplans and budgets, the Parties shall allocate funds to the Dehcho First Nations and the Edéhzhíe Management Board sufficient to enable the First Nations and the Board to carry out their respective responsibilities under this Agreement in a coordinated, consistent and effective manner.

10.10 In the event that an annual workplan and budget proposed in accordance with section 10.8 is not approved by the Parties prior to April 1 of that Fiscal Year, Canada shall provide interim funding from the applicable amounts set out in Schedule 4, as adjusted in accordance with section 10.6, until the annual workplan and budget is approved by the Parties.

Complementary Sources of Funding

10.11 Canada and the Dehcho First Nations acknowledge that the funding identified in Schedule 4 constitutes a baseline level of expenditures for the management and operation of Edéhzhíe. To more fully achieve the purposes of this Agreement, the Parties shall seek further complementary sources of funding for Edéhzhíe as set out in sections 10.12 to 10.18 below.

Edéhzhíe Fund

10.12 Prior to the the Establishment Date, the Dehcho First Nations shall establish a long-term endowment (“the Ed éhzhíe Fund”) to support:

(a) the Dehcho K’ehodí Stewardship and Guardian Program; (b) the Edéhzhíe Management Board and related Dehcho First Nations staff and functions; (c) capital infrastructure in support of Edéhzhíe; (d) Dene Ahthít’e within Edéhzhíe; and (e) other Edéhzhíe management objectives as set out in the Management Plan or otherwise agreed to from time to time by the Parties.

10.13 The Edéhzhíe Fund shall be managed under terms and conditions that:

(a) appoint a corporate trustee as a trustee for the Fund; (b) require the trustee to invest, manage and direct the Edéhzhíe Fund to carry out the objectives set out in section 10.12; (c) require the trustee to take reasonable steps to protect the Edéhzhíe Fund against encroachment and inflation; (d) empower the trustee to take such other steps as may be necessary or advisable to invest, manage and direct the Edéhzhíe Fund in a transparent and accountable manner; and (e) enable the Parties to receive copies of annual reports, including audited financial statements, for the Edéhzhíe Fund on request.

Page 15 10.14 For greater certainty, Canada shall pay the costs of its own participation in the Edéhzhíe Management Board, and for its own program-specific monitoring and research activities in Edéhzhíe, and shall not have access to the Edéhzhíe Fund for such purposes.

10.15 Canada shall, subject to Treasury Board approval, match third party contributions of capital to the Edéhzhíe Fund up to a maximum of $10,000,000.00 within five (5) years of the Effective Date.

10.16 Canada may also, in its sole discretion and at any time, make additional capital contributions to the Edéhzhíe Fund.

10.17 The net annual income generated by the Edéhzhíe Fund shall be administered by the Dehcho First Nations for the objectives set out in section 10.12.

10.18 Canada may offset its funding commitments in section 10.2, 10.3, 10.4 and Schedule 4 in any year by any income in the Edehzie Fund that was generated in the previous year by Canada’s capital contributions to the Edéhzhíe Fund.

10.19 Nothing in this Part prevents Canada, in its sole discretion and at any time, from contributing additional funding to cover any of the costs set out in section 10.2, 10.3, 10.4 or Schedule 4, or to otherwise advance the objectives of this Agreement.

Whole of Government Approach

10.20 The Parties shall discuss opportunities and where agreed, jointly advocate for a whole-of- government approach to contribute to funding for the objectives set out in section 10.12.

Review and Evaluation

10.21 The Parties shall review and may amend Part 10 and Schedule 4 in 2021.

10.22 The Parties shall thereafter review and may amend Part 10 and Schedule 4 during the periodic review and evaluation of this Agreement in accordance with Part 12, or at any other time as they may otherwise agree in writing.

11.0 GENERAL PROVISIONS

11.1 Nothing in this Agreement limits the lawful jurisdiction, authority or obligations of either Party, except to the extent of the requirement that all reasonable efforts must have been made to reach consensus through the processes set out in Part 8.

11.2 This Agreement is a legally binding contract and is not intended to be a treaty or land claim agreement within the meaning of section 35 of the Constitution Act, 1982.

Page 16 11.3 This Agreement shall be interpreted and applied in a manner consistent with the recognition and affirmation of Section 35 Rights, including any rights and benefits subsequently recognized or accorded to Dehcho First Nations by treaty, agreement or other constructive arrangements with the Crown or by judicial declaration.

11.4 The Parties shall take all steps that are necessary to give full effect to the provisions of this Agreement.

11.5 Time is of the essence in this Agreement.

11.6 This Agreement comes into effect on the Effective Date.

11.7 The several Parts of this Agreement, including Schedules, shall be read together and interpreted as one Agreement.

11.8 The Preamble is intended to assist in the construction and interpretation of this Agreement.

11.9 The division of this Agreement into Parts and sections and the insertion of captions and headings are intended solely for the convenience of the reader and will not affect the interpretation of this Agreement.

11.10 In this Agreement, words importing the singular include the plural and words importing the plural include the singular, and all references to gender include the female and male as the context requires.

11.11 There will be Dehcho Dene Zhatie,́ English and, if required, French versions of this Agreement. The English version is the authoritative version.

11.12 This Agreement is governed by the laws of the Northwest Territories and Canada, as applicable.

11.13 Financial commitments by Canada in this Agreement are subject to the appropriation of funds by Parliament.

11.14 Financial commitments by the Dehcho First Nations in this Agreement are subject to funds being available from the Edéhzhíe Fund.

11.15 This Agreement enures to the benefit of and binds each Party and its successors and assigns.

11.16 There shall be no presumption that doubtful expressions in this Agreement are to be interpreted in favour of Canada or the Dehcho First Nations.

Page 17 11.17 If there is any inconsistency or conflict between this Agreement and a policy of Canada that is applicable in Edéhzhíe, this Agreement prevails to the extent of the inconsistency or conflict.

11.18 If any provision of this Agreement is declared invalid or unenforceable under any applicable law by a court of competent jurisdiction, that provision is deemed to be severed from this Agreement and the remainder of this Agreement continues in full force and effect.

11.19 If a provision of this Agreement is severed from the remainder of this Agreement pursuant to section 11.18, the Parties shall make best efforts to negotiate a replacement for that provision consistent with the spirit and intent of this Agreement.

11.20 In the event that either of the Parties is delayed or hindered in or prevented from the performance of its obligations under this Agreement by reason of an event beyond its reasonable control, including strikes, inability to procure materials or services, civil commotion, sabotage or an act of God, the obligations that are not fulfilled as a direct result of such delay or hindrance do not constitute a default under this Agreement during the period of such delay or hindrance.

11.21 The failure of any Party to enforce any provision in this Agreement shall not constitute a waiver of such provision or affect the right of that or the other Party to enforce such provision at a later date. If any Party does waive any provision in this Agreement, such waiver shall not be construed to be a further or continuing waiver of the provision. No waiver shall be deemed to have been given unless it has been given in writing.

11.22 All notices and other communications required or permitted to be given in this Agreement shall, unless otherwise provided for in this Agreement or by mutual consent of the Parties, be given in writing and delivered by mail, fax, courier or electronic mail to the following individuals and addresses:

CANADA:

Regional Director, Northern Region Canadian Wildlife Service, Environment and Climate Change Canada Box 2310 YELLOWKNIFE, NT X1A 2P7

Page 18 DEHCHO FIRST NATIONS:

Grand Chief Dehcho First Nations PO Box 89 FORT SIMPSON, NT X0E 0N0

11.23 This Agreement, together with the attached Schedules and any agreement amending this Agreement, constitutes the entire Agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements.

11.24 This Agreement may be signed and dated in any number of its identically worded counterpart copies, each of which once signed and dated shall be deemed to be an original. All such counterpart copies together shall constitute one and the same instrument. Each Party agrees to provide to the other Party an electronically scanned copy of their signed and dated counterpart copy, on the date of signature, by facsimile or email, as evidence of their signature. The Parties acknowledge the validity of such electronically scanned counterpart copies in bringing the Agreement into effect.

12.0 REVIEW AND AMENDMENTS

12.1 The Parties shall meet in or about January of each year, commencing on the first anniversary after the Effective Date, for an annual review of the implementation of this Agreement.

12.2 In conducting the review under section 12.1, the Parties may seek information and advice from the Edéhzhíe Management Board or other persons or bodies involved in the implementation of this Agreement.

12.3 With the consent of both Parties, the Parties may re-allocate the funding identified in Schedule 4.

12.4 Within eight (8) years of the Establishment Date, and thereafter every ten (10) years, the Parties shall either:

(a) contract for and complete an independent evaluation of the Agreement, or (b) complete a joint review of the Agreement

to determine whether the purposes and obligations of this Agreement are being achieved.

12.5 Recommendations pursuant to the review conducted under section 12.4 shall be addressed to both Parties, and may include proposed amendments to the Management Plan or to this Agreement.

Page 19

SCHEDULE 1 – Edéhzhíe and Willowlake River Corridor

Page 21 SCHEDULE 2 – – Edéhzhíe Description

Description is for all of Edéhzhíe, including the Willowlake River Corridor

SCHEDULE 3 - Positions primarily associated with the management and operation of Edéhzhíe

Positions employed by the Dehcho First Nations

Edéhzhíe Regional Coordinator (1 fulltime position) Edéhzhíe finance officer (.5 fulltime position) Edéhzhíe community coordinators (4 halftime positions, one in each of Wrigley, Fort Simpson, Jean-Marie River and Fort Providence Dehcho K’ehodí Guardians (8 half-time positions, two each in Wrigley, Fort Simpson, Jean- Marie River and Fort Providence

Positions employed by the Canadian Wildlife Service

NWT Protected Areas Specialist (1 fulltime position). This position will have primary responsibility for Edéhzhíe, but will also have other responsibilities, in the Canadian Wildlife Service, Northern Region.

Joint News Release: Agreement on Protection for the Subsurface of Edéhzhié has been achieved

YELLOWKNIFE (June 12, 2020) – Agreement on Protection for the Subsurface of Edéhzhié has been Achieved.

Premier Caroline Cochrane and Dehcho First Nations (DFN) Grand Chief Gladys Norwegian are pleased to announce today that the Government of the Northwest Territories (GNWT) is indefinitely extending a subsurface land withdrawal for the Edéhzhíe Protected Area. The extended withdrawal will complement this culturally and ecologically important region’s future designation as a National Wildlife Area.

A multi-stakeholder working group recommended the permanent protection of the ecological and cultural values of Edéhzhíe through National Wildlife Area designation under the Canada Wildlife Act. Completing the designation will honour shared principles and values between DFN and GNWT and support community job creation, climate action, regional decision-making, and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Premier Cochrane and Grand Chief Gladys Norwegian are also announcing their highest level of commitment to complete the Dehcho Land Use Plan as soon as possible. The finalized Plan will provide a shared vision to respect land in the region in a manner that guides conservation and supports the economic, social and cultural well-being of residents in the Dehcho.

Quotes:

“Our government has made a commitment to strengthening relationships with Indigenous governments and finding innovative solutions to outstanding challenges. I am very pleased to see the willingness of the Dehcho First Nations to engage with the GNWT and advance our shared priorities, including the protection of Edéhzhíe and the completion of the Dehcho Land Use Plan. By working together, I am confident that the GNWT and the DFN can build strong, trusting and respectful relationships that will resolve many of the complex challenges we have faced for decades.”

- Caroline Cochrane, Premier of the Northwest Territories

“Edéhzhíe represents a new government to government relationship and hope for the future. Our elders and leaders have always regarded Edéhzhíe as an important landmark. They worked faithfully to achieve permanent protection for many years and today we celebrate this important milestone. It ensures a successful future for Edéhzhíe that will help enable Dene survival and well being into the future. As Dene, we understand the importance of taking care of the land, and our relationship to the land, as being integral to our culture and language. In Dene Zhatié we have a saying, “yundáa gogha” meaning “for the future” and Edéhzhíe brings us renewed hope for future.”

- Grand Chief Gladys Norwegian, Dehcho First Nations

“Edéhzhíe is a significant cultural and ecological area, and the work to advance the Edéhzhíe National Wildlife Area is an important piece of the land management picture for the Dehcho Region. This unique, Indigenous-led protected area is designed to preserve not only the biodiversity of the area, but also the rich cultural traditions of the people who call this land home. I am very encouraged to see the GNWT and DFN focus on completing a Dehcho Land Use Plan. Having a complete picture for shared land management throughout the Dehcho Region will help communities and residents of the region build a stronger and more diverse regional economy.”

- Shane Thompson, Minister of Environment and Natural Resources, Minister of Lands

Quick Facts:

 Completed land use plans that reflect the priorities and values of Indigenous residents and governments, NWT residents and the federal and territorial governments are important tools for guiding shared decision making about the management of land and resources in applicable regions.  The GNWT land withdrawal provides indefinite protection for 14,200 square kilometres of subsurface land to complement the designation of an Edéhzhíe National Wildlife Area.  Designation of Edéhzhíe as a National Wildlife Area would provide new opportunities for Dehcho residents to participate in the conservation economy.  Creation of the National Wildlife Area will provide protection for critical boreal caribou habitat. It would protect 1.1% of the NWT and contribute 0.14% to Canadian Biodiversity Target 1 (to protect 17% of Canada’s land and inland water). With the establishment of Edéhzhíe the NWT has more than 17% of its land and freshwater protected.

Links

 Edéhzhíe (ENR)  Department of Lands – Land Use Planning  Dehcho First Nations Website  Finding Common Ground - a renewed commitment to regional land use planning in the Northwest Territories  Dehcho Land Use Planning Committee  Deh Cho First Nations Interim Measures Agreement Media inquiries:

Trista Haugland Dahti Tsetso Cabinet Communications Director of Lands & Resources Government of the NWT Dehcho First Nations Tel: 867-767-9140 ext. 11090 867-447-3526 Email: [email protected] [email protected]

Final Recommendations Report

Prepared by the

Edéhzhíe Candidate Protected Area Working Group

For submission to the

Dehcho First Nations Tłichô Government Environment Canada

November, 2009

Executive Summary

The Edéhzhíe candidate protected area (25,230 km²) is located in the Dehcho region of the Northwest Territories. Its northeast boundary lies along the Dehcho – Tłichô boundary. It is of great ecological and cultural importance to the communities of Fort Providence, Fort Simpson, Behchokö, Jean Marie River, Whatì, and Wrigley. The Horn Plateau, a prominent landform in Edéhzhíe, contains the ‘source waters’ of the Willowlake, Horn, and Rabbitskin Rivers. Traditional knowledge identifies the Horn Plateau as a place that could be relied upon during times of food scarcity in the Mackenzie Valley. Mills Lake and the lower Horn River areas are important harvesting areas for the communities.

In March 2002, the Dehcho and Tłichô First Nation communities combined their efforts and advanced Edéhzhíe into the NWT Protected Areas Strategy (PAS) leading to legislated protection. In June 2002, a five-year land withdrawal of the Edéhzhíe area was secured through a federal Order-in-Council to allow for its further assessment without any further land dispositions beyond those already existing in the area. The interim land withdrawal was extended in June 2007 and again in October 2008 to allow for the completion of the PAS process for the Edéhzhíe candidate protected area. The current interim land withdrawal is set to expire in October 2010.

In 2002, the Canadian Wildlife Service (CWS) reviewed the proposal for sponsorship and determined that Edéhzhíe contained nationally significant ecological values that fell within its legislative mandate. CWS agreed to be the sponsoring agency, and to work toward creating the Edéhzhíe National Wildlife Area through the Canada Wildlife Act. At the same time, the Edéhzhíe Working Group (EWG) was established to assess the ecological, cultural and economic values of Edéhzhíe (Step 5 of the PAS). This report summarizes these assessments and makes recommendations to the Dehcho First Nations, the Tłichô Government, and Environment Canada on the following matters concerning Edéhzhíe:

• boundary

• legal designation

• land administration

• transfer of private land

• management

Summary of Edéhzhíe PAS Site Assessments

Five assessments were completed as part of Step 5 of the PAS (NWT PAS Advisory Committee, 1999).The assessments looked at the cultural, ecological and economic values within Edéhzhíe. The EWG coordinated the assessments and key findings are summarized in Table 1.

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Table 1: Summary of Edéhzhíe PAS Site Assessments

Assessment Key Findings

Oral History • Extensive traditional use is due primarily to the abundance of wildlife including fish, game, and furbearing animals. • Strong cultural and spiritual connection to Edéhzhíe, including many birth and burial sites, unusual animal sightings, spiritual power, personal experiences, and cultural stories. • Use by all surrounding communities gives Edéhzhíe an intrinsic and shared value among these communities. • Passing the stories on to the young people is very important and the Elders of the past clearly directed the current generation of Elders to protect Edéhzhíe for future generations. Ecological • 18 plant communities identified. • 192 species and 45 families of vascular plants; six plant families accounted for over 50% of the species total. • One species of amphibian, 24 species of fish, 126 species of bird and 15 species of mammal were recorded. • Three ‘species at risk’ were observed: boreal woodland caribou, wood bison, and wolverine. • Three proposed International Biological Program (IBP) sites in Edéhzhíe: Mills Lake, Horn Plateau, and Horn River. • Mills Lake is a CWS “key migratory bird terrestrial habitat site”; supports over 1% of the national populations of a number of migratory bird populations. • Source of three main drainages in the Dehcho Region. Non-Renewable • Kimberlite indicator minerals have been found throughout Resources Edéhzhíe and some likely originate from diamondiferous kimberlite either within Edéhzhíe or in the nearby region. • Three areas of moderate lead-zinc potential occur in Edéhzhíe. • Middle Devonian Horn Plateau reef and the Lonely Bay platform plays are considered to have the greatest hydrocarbon potential. • Western part of Edéhzhíe is ranked high to moderate for natural gas potential. • The estimated natural gas potential is .23 trillion cf., and oil potential is 550,000 barrels (assessed as low). Renewable Resources • Subsistence harvesting and trapping have the highest present and future economic potential. • Trees have high economic value and future potential, mainly for their use in fuel wood harvesting. • Commercial logging has very limited potential. • Tourism, both current and potential, is the highest in the Mills Lake area and moderate in some other parts. • Renewable energy generation (wind and hydro) – some potential but logistics and economic obstacles make

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development unlikely. Socio-economic • Current economic output of Edéhzhíe is estimated at $1.8 – 2.8 million annually. • Mineral development would likely occur ahead of hydrocarbon development owing to the current lack of infrastructure for getting hydrocarbons to market; however, a Mackenzie Valley pipeline could change this prediction. • Hydrocarbons, minerals and diamonds would all provide low levels of employment during exploration and high levels during construction. • Minerals and diamonds would provide continuing high employment during production, whereas employment generated from hydrocarbon development would decline to be almost negligible during operations. • The socio-economic assessment report concluded it is not likely that any non-renewable resource development in the Edéhzhíe area would occur for at least 10-20 years.

Recommendations

The Edéhzhíe Working Group directs the following recommendations (Table 2) to the Dehcho First Nations, the Tłichô Government and Environment Canada, to the extent that the recommendations fall within their respective mandates. The Working Group also directs its recommendations to Indian and Northern Affairs Canada (INAC) and the Government of the Northwest Territories (GNWT), to the extent that the recommendations fall within their mandates. These recommendations mark the transition from Step 5 to Step 6 of the PAS planning process, which advances Edéhzhíe towards establishment as a National Wildlife Area (NWA) under the Canada Wildlife Act.

Table 2: Summary of EWG Recommendations and Positions

Issue Recommendations of the EWG Boundary • The Edéhzhíe NWA should comprise 14,249 km2 which is 57% of the original 25,230 km2 Edéhzhíe candidate protected area. Legal designation • The Edéhzhíe NWA should be established through scheduling in the Canada Wildlife Act (Wildlife Area Regulations). Land administration • The Dehcho First Nations and Tłichô Government recommend that the surface rights in Edéhzhíe be transferred to Environment Canada under the Canada Wildlife Act & Wildlife Area Regulations, and the subsurface rights be permanently withdrawn through an Order-in-Council permanent land withdrawal under the Territorial Lands Act.

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Issue Recommendations of the EWG • Environment Canada recommends that subsurface land withdrawal for future protected areas be considered on a case-by-case basis. Final decisions will be based on overall federal interests taking into account all information and any required additional analysis. • Indian and Northern Affairs Canada is currently considering the subsurface disposition options, and recommends that subsurface disposition options form part of the future discussions and negotiations on the establishment of the Edéhzhíe NWA. • On the matter of subsurface rights withdrawals, the GNWT does anticipate that subsurface rights would be withdrawn for areas designated as conservation zones within the context of a regional land use plan. • The World Wildlife Fund is of the position that the best solution to protect the Edéhzhíe NWA is a permanent subsurface withdrawal as this provides certainty to industry and accords with all resolutions and positions of all the Dehcho and Tłichô communities. • Ducks Unlimited Canada recommends that the Edéhzhíe NWA be free from any future subsurface dispositions by means of a subsurface withdrawal. This would provide clarity with respect to what lands will be protected and what lands may be developed. Achieving surface and sub-surface protection of the area within this boundary also reflects the vision of the Dehcho and Tłichô communities. • NWT and Nunavut Chamber of Mines supports the EWG’s recommended Edéhzhíe NWA. However, it believes there could be undiscovered mineral potential (esp. diamonds) there. It recommends a flexible approach to land management for the Edéhzhíe NWA such as temporary subsurface withdrawal of all or some of the area, or no withdrawal and the regulation of development through existing mechanisms.

Transfer of private • The parcel of private land known locally as the Sapp farm land and now owned by Ducks Unlimited Canada be transferred to the Minister of Environment as per the Memorandum of Agreement between Ducks Unlimited Canada and CWS. Management • An Edéhzhíe NWA co-management agreement be established between Environment Canada, the Dehcho First Nations, the Tłichô Government, the Government of the Northwest Territories, and non-governmental organisations. • Management goals and objectives based on the partner communities’ and Canadian Wildlife Service’s shared vision for the Edéhzhíe NWA.

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Issue Recommendations of the EWG • An Edéhzhíe Management Committee consisting of the Dehcho and Tłichô First Nations, Environment Canada and other interested parties should be established to co-manage Edéhzhíe through the Wildlife Area Regulations, a co- management agreement, and the Edéhzhíe NWA Management Plan. • The interests of the two Tłichô communities in relation to the ongoing management of Edéhzhíe will be represented through the Wek’èezhìi Renewable Resources Board; the four Dehcho communities will be represented by an applicable board created under the Dehcho Final Agreement. In the interim, the Dehcho First Nations should identify a regional organization that will represent their interests. • All traditional use activities of Dehcho and Tłichô communities will be allowed without permit. • The Edéhzhíe NWA designation does not restrict access to or require permits for any traditional use activities by Dehcho and Tłichô communities. • Communicate and foster public awareness and appreciation of the Edéhzhíe NWA.

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Acknowledgements

This report represents the valuable contributions and dedication of the Dehcho and Tłichô communities, and their representatives on the EWG, as well as both the government and non-government organizations in bringing the Edéhzhíe candidate protected area to completion of Step 5 of the NWT Protected Areas Strategy process.

Mahsi cho!

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Table of Contents

Table of Contents...... viii List of Tables...... x List of Figures ...... x List of Appendices...... x Vision Statement...... 1 1.0 Introduction ...... 1

1.1 THE SCOPE AND PURPOSE OF THIS REPORT...... 1 1.2 REGIONAL LAND MANAGEMENT ...... 3 1.3 HISTORY OF EDÉHZHÍE ...... 3 1.4 THE EDÉHZHÍE WORKING GROUP (EWG)...... 5 2.0 EWG Outcomes...... 5

2.1 EWG CONSULTATIONS AND WORKSHOPS...... 5 2.2 PAS SITE ASSESSMENTS ...... 6 2.2.1 Oral History Report...... 6 2.2.2 Ecological Assessment ...... 6 2.2.3 Non-Renewable Resource Assessment ...... 8 2.2.4 Renewable Resource Assessment ...... 10 2.2.5 Strategic Environmental Assessment (SEA)...... 11 2.2.6 Socio-Economic Assessment...... 12 3.0 Conservation and Economic Values of Edéhzhíe...... 13

3.1 METHODOLOGY ...... 13 3.2 CONSERVATION AND ECONOMIC VALUES ...... 15 4.0 Recommendations...... 16

4.1 BOUNDARY...... 16 4.1.1 Conservation Rationale: ...... 17 4.1.2 Economic Rationale:...... 17 4.2 LEGAL DESIGNATION...... 19 4.3 LAND ADMINISTRATION ...... 19 4.3.1 Dehcho and Tłichô First Nations ...... 20 4.3.2 Government of Canada...... 21 4.3.3 Government of the Northwest Territories ...... 22

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4.3.4 World Wildlife Fund Canada...... 22 4.3.5 Ducks Unlimited Canada...... 23 4.3.6 NWT and Nunavut Chamber of Mines ...... 23 4.4 TRANSFER OF PRIVATE LAND...... 24 4.5 MANAGEMENT ...... 24 Appendices...... 26 Literature Cited ...... 34

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List of Tables

Table 1: Summary of Edéhzhíe PAS Site Assessments...... iii

Table 2: Summary of EWG Recommendations ...... iv

Table 3: Estimated resource development potential in the Edéhzhíe candidate protected area (from AMEC 2008)...... 13

Table 4: The remaining estimated mineral and hydrocarbon potential as determined by subtracting the potential within the recommended boundary from that in the original candidate protected area as identified in Table 3 (from AMEC, 2008)...... 18

List of Figures

Figure 1: The location of the Edéhzhíe candidate protected area in the NWT...... 2

Figure 2: Edéhzhíe candidate protected area interim land withdrawal boundary ...... 4

Figure 3: Mineral and hydrocarbon potential of Edéhzhíe...... 9

Figure 4: Recovery of kimberlite indicator minerals from stream sediment samples in Edéhzhíe...... 10

Figure 5: The areas of conservation value within the Edéhzhíe candidate protected area when MARXAN avoided economic values as much as possible...... 15

Figure 6: The Edéhzhíe Working Group’s recommended boundary in relation to the original candidate protected area...... 16

Figure 7: The Edéhzhíe Working Group’s recommended boundary in relation to topographic features...... 17

List of Appendices

Appendix 1: Steps in the NWT Protected Areas Strategy...... 27

Appendix 2. Terms of Reference for the Edéhzhíe Working Group...... 28

Appendix 3: Edéhzhíe candidate protected area chronology...... 31

Appendix 4: Management Principles, Goals and Objectives ...... 33

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Vision Statement

“Edéhzhíe is a spiritual place that is ecologically and physically unique. It is where the ancestors of the Dehcho and Tłichô Dene went to sustain themselves when food was scarce. The waters are pure and the animals abundant. The Edéhzhíe National Wildlife Area will be managed using the best available knowledge to protect the watersheds, vegetation and wildlife that are necessary for sustaining the culture of present and future generations of Dehcho and Tłichô Dene, as well as for the enrichment of all Canadians.”

Edéhzhíe Working Group, October 2007

1.0 Introduction

1.1 The scope and purpose of this report The Edéhzhíe candidate protected area (25,230 km2) is located in the Dehcho region of the Northwest Territories (NWT). It is located north of the Mackenzie River between the communities of Wrigley, Fort Simpson, Jean Marie River, Fort Providence, Whatì and Behchokö (Figure 1). Edéhzhíe includes the Horn Plateau, Mills Lake and the Horn, Willowlake and Rabbitskin Rivers (Figure 2). Part of the northeastern boundary of the Edéhzhíe candidate protected area coincides with the Wek’èezhìi boundary that separates the Dehcho and Tłichô regions.

Edéhzhíe is an important cultural and spiritual gathering place for the Dehcho and Tłichô peoples. Its many large lakes, wetlands and plentiful wildlife make it a very rich and diverse land which has, and continues today, to support hunting, fishing, trapping, and other traditional activities. Edéhzhíe’s many cultural sites, harvesting areas and traditional trails show the link the surrounding communities have with Edéhzhíe.

Edéhzhíe is a candidate protected area that has been advanced through the NWT Protected Areas Strategy (PAS). The PAS is a partnership among communities, governments (Aboriginal, territorial and federal), environmental non-government organizations and industry (NWT PAS Advisory Committee, 1999). There are eight steps in the PAS (NWT PAS Advisory Committee, 1999). Edéhzhíe is now at the end of Step 5 of the PAS process. This report summarizes the assessments done in completing Step 5. It makes recommendations to the Dehcho First Nations, the Tłichô Government, and Environment Canada on the following, with respect to a future Edéhzhíe protected area: • boundary • legal designation • land administration • transfer of private land • management

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All recommendations are without prejudice to future negotiations regarding the establishment of Edéhzhíe as a permanently protected area and the development of a management plan. All Aboriginal treaty rights and land claim agreements take precedence over the PAS. If there is any inconsistency between these treaties and agreements and this report, the treaties and agreements will take precedence (NWT PAS Advisory Committee, 1999).

Figure 1: The location of the Edéhzhíe candidate protected area in the NWT.

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1.2 Regional land management Currently, the Dehcho First Nations, the Government of Canada, and the Government of the Northwest Territories are conducting treaty based negotiations, known as the Dehcho Process, leading to a final agreement on land, self-government and financial compensation. Under the Dehcho Process, the parties agreed to an Interim Measures Agreement in 2001, which set out a process for the development of a regional land use plan and withdrew lands from disposition for cultural and ecological reasons. Canada, GNWT and DFN have made progress towards an interim regional Dehcho Land Use Plan, but several issues have yet to be resolved. In addition, neither a timeline nor a process has been established for the approval of the Plan or its implementation.

Approximately 50% (~106,000 km2) of the Dehcho region is currently removed from surface and subsurface disposition through the Dehcho Process Interim Measures Agreement, the Nahanni National Park Reserve expansion, and the Edéhzhíe candidate protected area. These withdrawals expire October 31, 2010.

It is anticipated that when the Edéhzhíe protected area has been designated, land use plan zoning revisions have been completed, and the Nahanni National Park Reserve has been expanded, just under 50% of the Dehcho region would be protected under Conservation designations. The Land Use Plan will incorporate the final Edéhzhíe boundary, as decided through the Protected Areas Strategy process. Areas excluded from the original Edéhzhíe study area boundary will become Special Development Zones under the Land Use Plan, which would be open to industrial activities subject to conditions. This zoning is subject to review by the Land Use Planning Committee.

Land Use activities in the Dehcho region are subject to the Mackenzie Valley Resource Management Act. Under the Act, proposed land use activities are subject to a preliminary screening, environmental assessment and permitting process. A proponent is required to submit an application to the Mackenzie Valley Land and Water Board, which is then distributed to the federal and territorial responsible authorities for review. The lead responsible agency for an Edéhzhíe protected area would be the agency under whose legislation the area is established.

1.3 History of Edéhzhíe The first mention of protecting the Horn Plateau dates back to the 1950s, when Elder Leo Norwegian remembers his father talking about the need to protect the Horn Plateau from industrial development (Cizek, 2001). In 1992, the Denendeh Resource Committee first identified the Horn Plateau for protection within the Líídlî Kúé First Nation (Fort Simpson) traditional territory. Fort Simpson had long wished to see the Horn Plateau (Figure 2) legally protected in order to preserve the important ‘source waters’ (Willowlake, Horn, and Rabbitskin Rivers and secondary watersheds) originating from this prominent landform (Figure 2). Traditional knowledge in Fort Simpson recognizes the Horn Plateau as an area that could be relied upon during times of food scarcity in the Mackenzie Valley. After the creation of the NWT Protected Areas Strategy in 1999, the Líídlî Kúé First Nation formally advanced the Horn Plateau into Step 1 of the PAS process.

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Figure 2: Edéhzhíe candidate protected area interim land withdrawal boundary.

At the same time, the Deh Gah Got’ie Dene First Nation (Fort Providence) was advancing Mills Lake as an NWT PAS candidate protected area. Fort Providence had long wished to see Mills Lake and the lower Horn River areas (Figure 2) receive permanent protection. These areas represent two of the most important harvesting areas for that community. Similarly, the communities of Behchokö and Whatì in the Tłichô region, for whom the Horn Plateau is a traditional use area, also voiced strong interest in seeing the Horn Plateau and adjacent areas protected. In March 2002, the four Dehcho and two Tłichô First Nations communities formally agreed to combine efforts toward legally protecting this overall area known as Edéhzhíe (meaning ‘source waters’ in the Slavey language) as an area of great ecological and cultural importance to those communities. At this time, Ducks Unlimited Canada acquired a 43.3 ha parcel of private land known locally as the Sapp farm. Title of this land would be transferred to the Minister of Environment upon establishment of an Edéhzhíe NWA.

In June 2002, an interim (five year) land withdrawal of the entire Edéhzhíe candidate protected area was secured through a federal Order-in-Council. During this time, no new

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mineral claims and permits or petroleum exploration licences could be issued, which allowed the various assessments under Step 5 of the PAS process to be conducted under stable lands dispositions. However, existing rights and licences were not affected. It was understood that a future protected area would not necessarily consist of this entire area. The interim land withdrawal was extended in June 2007 and again in October 2008 to allow for the completion of the PAS planning process. The current interim land withdrawal is set to expire in October 2010.

1.4 The Edéhzhíe Working Group (EWG) The EWG was established to guide and oversee the ecological, cultural and economic assessments of Edéhzhíe, as part of Step 5 of the PAS (Terms of Reference – Appendix 2). The EWG is made up of the following Aboriginal, territorial and federal governments, communities, environmental non-government organizations, and industry representatives:

• Dehcho First Nations • Tłichô Government • Líídlî Kúé First Nation (Fort Simpson) • Deh Gah Got’ie First Nation (Fort Providence) • Jean Marie River First Nation • Pehdzeh Ki First Nation (Wrigley) • Whatì • Behchokö • Indian and Northern Affairs (INAC) • Canadian Wildlife Service (CWS) • Government of the Northwest Territories (GNWT), Environment and Natural Resources (ENR) • Ducks Unlimited Canada • World Wildlife Fund – Canada • NWT Chamber of Mines

2.0 EWG Outcomes

2.1 EWG Consultations and Workshops Consultation with stakeholder communities and the general public is essential in the PAS process. A key function of the EWG was to involve the member organizations and the four Dehcho and two Tłichô communities throughout the process. The EWG held 21 meetings in Fort Providence, Fort Simpson, Wrigley, Whatì, Behchokö, and Yellowknife. Community open houses, feasts, and presentations were held to update the general public on progress being made on the Edéhzhíe process (Appendix 3).

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2.2 PAS Site Assessments As part of the PAS process, several assessments of the study area are conducted to identify the ecological, cultural, and economic values found within the area.

2.2.1 Oral History Report The Edéhzhíe Oral History Report (Crosscurrent Associates Ltd., 2005) involved Wrigley, Fort Simpson, Jean Marie River, and Fort Providence. Fifteen interviews were conducted with Elders and harvesters to gather oral history including place names, traditional use and cultural stories. Sites associated with important cultural stories were mapped. In addition, the Tłichô communities of Whatì and Behchokö provided oral history evidence for their long-standing use of the Horn Plateau.

Summary:

Traditional patterns of land use within Edéhzhíe reflect the abundance and distribution of wildlife, fish, game, and furbearing animals. Traditional use is evident by the numerous trails, seasonal and semi-permanent camps. This active and ongoing land use resulted in a cultural and spiritual connection to Edéhzhíe, “Edéhzhíe is very good including many birth and burial sites, unusual animal sightings, water…pure water. This is spiritual power, personal experiences, and cultural stories. Many of our survival in the future. these are shared by all the communities and combine to give This is very important to Edéhzhíe an intrinsic and shared value among the surrounding our community, that water communities. up there.”

No water bodies drain into it, so water only flows out of Edéhzhíe. Edwin Sabourin Protecting the watershed and water quality was a main priority for Fort Providence wanting to establish Edéhzhíe as a protected area.

2.2.2 Ecological Assessment The Ecological Assessment of the Edéhzhíe Candidate Protected Area (EBA and CWS, 2006) describes the diversity and distribution of species in Edéhzhíe. This information ensures the candidate area includes a wide range of successional stages, habitat types, self-sustaining land and water systems, and sensitive/rare species.

Summary:

Plant Communities: The Horn Plateau is a mixture of mature spruce forest and a number of burns which have occurred over the last 35 years. The lowlands around the Horn Plateau are covered by a mosaic of conifer dominated forest of varying age, old burns, and wetlands. A total of 19 distinct plant community types were identified within Edéhzhíe.

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Plant Species: A total of 192 species and 45 families of vascular plants are known to occur in Edéhzhíe. Six plant families accounted for over 50% of the species total: Cyperaceae, Salicaceae, Ericaceae, Rosaceae, Betulaceae and Gramineae.

Wildlife Species: Fish studies were not conducted as part of the ecological assessment, but information was available from the Department of Fisheries and Oceans (Stewart et al., 2003). During fish studies in the 1980s and 1990s, 24 different fish species were identified in Edéhzhíe.

The ecological assessment documented two species of amphibian, 126 species of bird and 18 species of mammal. For birds, a wide range of waterfowl, waterbirds, raptors (including two ‘species at risk’) and forest birds (primarily songbirds) were observed. Eighty-one (81) bird species were recorded during an ornithological reconnaissance at Mills Lake, an important wetland in Edéhzhíe. Latour (2004) described the importance of Mills Lake as a staging wetland for a range of migratory waterfowl.

Species at Risk: Edéhzhíe supports several ‘species at risk’, as listed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). These species are both resident in the area on a year round basis or occur there as migrants. Boreal woodland caribou and wood bison, both listed by COSEWIC as ‘threatened’, occur in Edéhzhíe at all times of the year, and evidence of calving in the area was observed for both species. Wolverines, listed as a species of ‘special concern,’ are also year-round residents. The Peregrine Falcon and the Short-eared Owl, listed as ‘special concern’, occur in Edéhzhíe as migrants, and the latter species may breed there.

Aerial surveys documented late winter distribution of woodland caribou and wood bison (Larter et al., 2006), indicating Edéhzhíe’s importance as winter habitat for these species.

Key ecological features of Edéhzhíe include:

• Key Migratory Bird Terrestrial Habitat: Mills Lake is a wetland the Canadian Wildlife Service considers as a “key migratory bird terrestrial habitat site” in the NWT (Latour et al., 2008). Mills Lake commonly supports over 1% of the national populations of a number of migratory bird populations including the Lesser Snow Goose (Western Arctic population), Greater White-fronted Goose, and Tundra Swan. In addition, there are other large boreal wetlands in Edéhzhíe such as Bulmer Lake, Mink Lake, and the Fawn Lake complex. The Willowlake River (Xhahndaa Deh – Slavey for ‘goose place river’) is known to attract large numbers of nesting and staging geese.

• International Biological Program Sites: There are three International Biological Program (IBP) proposed sites in Edéhzhíe: Mills Lake, Horn Plateau, and Horn River. These sites were chosen because of their characteristic geomorphology, rare or ‘at risk’ flora and fauna, and important wildlife habitat.

• Water Drainages: Edéhzhíe is the source of the three drainages in the Dehcho Region: the Willowlake, Horn and Rabbitskin Rivers. These drainage basins are of great

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importance to the subsistence economies and culture of a number of Dene communities around Edéhzhíe.

• Ecoregion Representation: The Edéhzhíe candidate protected area encompasses almost the entire Horn Plateau ecoregion (77%) and a portion of the Hay River Lowlands (5.6%) and the Great Slave Lake Plain (4.8%) ecoregions. The high elevation of the Horn Plateau makes it similar to the sub-arctic forest transition zone hundreds of kilometres to the north, which has flora and fauna more typical of higher latitudes.

2.2.3 Non-Renewable Resource Assessment Phase I Assessment:

The Edéhzhíe Candidate Protected Area Non-Renewable Resource Assessment (Phase I) (Gal and Lariviere, 2004) provided an initial assessment of the mineral and petroleum potential of Edéhzhíe. Gal and Lariviere (2004) used satellite imagery, aerial maps, reports written by government and exploration companies, geological knowledge, expert opinion and modeling for their evaluation.

Summary – Minerals: Scant geological and exploration information exists for Edéhzhíe (Gal and Lariviere, 2004). Diamond exploration occurred in and around Edéhzhíe in the 1980s and 1990s. Kimberlite has not been discovered in Edéhzhíe, but kimberlite indicator minerals (KIMs) have been found in the region (Gal and Lariviere, 2004).

Gal and Lariviere (2004) stated that Mississippi Valley-type (MVT) lead-zinc is another potential mineral deposit-type. There are significant known deposits of MVT elsewhere in the southern NWT (e.g., Pine Point) in geological formations known to underlie Edéhzhíe. However, they concluded there was limited information on which to base an assessment and that further fieldwork would be required (Phase II assessment).

Summary – Oil & Gas: The Middle Devonian Horn Plateau reef and the Lonely Bay platform plays are considered to have the greatest potential. The western part of Edéhzhíe was ranked high for petroleum potential, and the central and southwestern portions have moderate potential (Gal and Lariviere, 2004). More recently, Gal (pers. comm.) stated that the only area within Edéhzhíe that could be considered to have moderate to high potential for natural gas is the extreme western portion (Figure 3).

Morrow (2007), in a further analysis of the hydrocarbon potential of Edéhzhíe, concluded that the entire area had low petroleum potential owing mainly to its location between geological formations known to contain natural gas reserves. Morrow suggested that, based on the available evidence, Edéhzhíe contained a potential of only 233 billion cubic feet of natural gas. The largest amounts were predicted to occur in the northeast portion of Edéhzhíe (Figure 3). Similarly, oil potential was rated as low at .5 million barrels confined to the basal Cretaceous sandstones of the Horn Plateau. Thirty-eight wells were drilled in

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Edéhzhíe between 1960 and 1973 (Gal and Lariviere, 2004), and all were dry holes. No oil and gas rights exist in Edéhzhíe at this time.

Phase II Assessment:

The Phase II Non-Renewable Resource Assessment (NWT Open File 2008-03) (Mills, 2008) described the results of water, stream sediment and till sampling within Edéhzhíe to assess heavy mineral potential, and presence and characteristics of diamond indicator minerals.

Summary – Minerals: One belt of moderate lead-zinc and uranium potential occurs along the south flank of the Horn Plateau (Figure 3). These minerals were most clearly evident in the water chemistry there which suggested a deep source somewhere under the Horn Plateau. The second belt of moderate lead-zinc potential identified through primarily stream waters in the area occurs west of the Horn Plateau (Figure 3).

Figure 3: Mineral and hydrocarbon potential of Edéhzhíe.

Summary – Diamonds: All of the 325 stream sediment samples from Edéhzhíe contained kimberlite indicator minerals (i.e., garnet, chromite, chrome diopside, ilmenite, and olivine). These were most prevalent in streams flowing north and southwest off the Horn Plateau

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(Figure 4). The chemistry of these minerals suggested a kimberlitic source for many of them. It also indicated that they originated from a diamondiferous kimberlitic source but that this source was not the known diamondiferous kimberlites approximately 400 km northeast of Edéhzhíe. The surface texture of kimberlite indicator mineral grains recovered from 25 till samples on the Horn Plateau were ambiguous as to whether these grains originated in the Edéhzhíe area or were transported from the northeast during the last glacial period. Mills (2008) concluded that a diamondiferous kimberlite source was likely within or near Edéhzhíe.

Figure 4: Recovery of kimberlite indicator minerals from stream sediment samples in Edéhzhíe.

2.2.4 Renewable Resource Assessment The Renewable Resources Assessment of the Edéhzhíe Candidate Protected Area (IMG- Golder, 2006) examined where renewable resources are found in Edéhzhíe, how they are currently being used, how they could be used in the future, and how important they are economically.

Existing information was summarized and key people and agencies were interviewed, as well as the six partner communities. The study area included Edéhzhíe and a 25 km buffer

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around it. Information specific to Edéhzhíe is limited so conclusions were based, in part, on information from the region (IMG-Golder, 2006).

Summary:

Wildlife, fish and trees are the most important renewable resources within Edéhzhíe for their economic and traditional values. Subsistence harvesting and trapping have the highest future potential and subsistence harvesting has the highest economic value (IMG- Golder, 2006). Recreational hunting occurs but is less important; there are no big game outfitters or commercial wildlife harvesting operations within Edéhzhíe. Subsistence fishing is important and has high future potential, but there is limited recreational fishing and no commercial fishing or hatcheries.

Trees have high economic value and future potential, mainly for their use in fuel wood harvesting. There is no commercial fuel wood harvesting or commercial logging within Edéhzhíe, although it does occur within the Dehcho region. Large-scale logging has limited potential, but there is potential for community-based sustainable forestry in areas south and west of Edéhzhíe. Agriculture is not presently occurring, but largely unsuccessful attempts were made in the Mills Lake area in the 1970s (IMG-Golder, 2006).

Tourism, both current and potential, is the highest in the Mills Lake area and moderate in some other parts. The Dehcho region has other well developed attractions and if desired, Edéhzhíe could benefit from further tourism development.

Finally, renewable energy generation such as wind and hydro electricity generation have some potential based on limited information. There are, however, concerns about environmental issues, financial viability, and lack of local support at this time.

2.2.5 Strategic Environmental Assessment (SEA) The 2004 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals states, in accordance with the federal commitment to sustainable development, that: “Ministers expect that policy, plan and program proposals of departments and agencies will consider, when appropriate, potential environmental effects.”

An SEA must accompany any policy, plan or program proposal brought before Ministers for approval. SEA is an effective planning tool that supports the achievement of sustainable development. It provides for evaluation of any positive and negative environmental effects of policy, plan or program proposals, and the impacts of those environmental effects on socio-economic factors, as the proposals are being developed and before decisions on implementation are made.

The SEA for Edéhzhíe (SENES, 2007) concluded that establishing Edéhzhíe as an NWA is not likely to result in important negative environmental effects. It is likely to result in environmental and related socio-cultural effects that are positive through the conservation

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of natural ecosystems and species, and protection of subsistence harvesting activities and traditional use by the Dehcho and Tłichô First Nations. The SEA recommended that Edéhzhíe should be supported by a management plan that provides for the effective participation of stakeholders, particularly the Dehcho and Tłichô communities. It is further recommended that the management plan incorporate a monitoring dimension and adaptive management approach to ensure that management measures will be successful in achieving intended outcomes.

2.2.6 Socio-Economic Assessment Volume 1 of the Edéhzhíe socio-economic report (AMEC 2008) presented an array of social statistics from the six Edéhzhíe communities and related them to the overall NWT situation. In summary, the population is primarily Aboriginal (87%), and compared to the NWT average, is characterized by: a higher population growth rate, a lower average age, a higher ratio of males to females, a lower level of education, a lower likelihood of being employed, a higher likelihood of being employed in services other than health, education, or business (34%), a lower average family income in 2005 (35%), a higher burden of living costs, a greater amount of housing in need of major repair (29%), a higher percentage of households in core need, higher crime rates, and a greater likelihood of participating in traditional land uses.

Volume 2 of the Edéhzhíe socio-economic report (AMEC 2008) conservatively estimated the current economic output of Edéhzhíe at $1.8 – 2.8 million annually, as determined primarily from the earlier assessments of Edéhzhíe and the social and economic statistics summarized in Volume 1. Cultural and historical values are very difficult to quantify. It was estimated that the ecological goods and services of Edéhzhíe could be 60 – 80 times the annual economic output.

Volume 2 estimated the total economic potential from non-renewable resources of the Edéhzhíe candidate protected area (Table 3), based on limited information and a number of assumptions about the scale of development based on past NWT experience, its duration, exploration and development costs, and marketability. In summary, mineral development would likely occur ahead of hydrocarbon development owing to the current lack of infrastructure for getting hydrocarbons to market; however, in the case of natural gas, a Mackenzie Valley pipeline could change this prediction. Hydrocarbons, minerals and diamonds would all provide low levels of employment during exploration and high levels during construction. Minerals and diamonds would provide continuing high employment during production, whereas employment generated from hydrocarbon development would decline to be almost negligible during operations. It is not likely that any resource development in the Edéhzhíe area would occur for at least 10-20 years. In Section 6.0, hyrdrocarbon, mineral and diamond potential is discussed in relation to boundary options for a future Edéhzhíe protected area.

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Table 3: Estimated resource development potential in the Edéhzhíe candidate protected area (from AMEC 2008).

Attribute Oil Gas Minerals Diamonds

Resource Potentially 0.5 million Potentially 233 Moderate potential Unknown potential Potential barrels billion cubic feet for lead-zinc. Could be more than 0.1% of current 0.3% of current Could be more than one mine reserves in NWT discovered reserves one mine Examples range Exact volumes and in NWT Use 1000 ton per from 0.5 million locations unknown Exact volumes and day mine (Prairie carats/year (Jericho locations unknown Creek mine Mine) to 2.4 million proposal) as carats/year (Snap example Lake) Could be larger When Exploration: 2020 Exploration: 2020 Exploration: 2010 Exploration: 2010 Construction: Unlikely Construction: 2025 Construction: 2020 Construction: 2020 Operations: Unlikely Operations: 2027 Operations: 2022 Operations: 2025 Duration Exploration: 5 years Exploration: 10 Exploration: 5 years Exploration: 5 years Construction: 2 years years Construction: 2 Construction: 2 Operations: 20 years Construction: 2 years years years Operations: 10-20 Operations: 10-20 Operations: 10 years years years Cost Exploration: $55 Exploration: $220 Exploration: $50 Exploration: $50 million million million million Construction: $175 Construction: $175 Construction: $167 Construction: $120 million million million million to $1,000 million Gross Revenues $42 million $350 million $40 million/year $75 to $275 ($100/barrel) million/year

Economic Impact Exploration: 200-320 Exploration: 790- Exploration: 180 to Exploration: 180 to PYs 1,280 PYs 290 PYs 290 PYs Construction: 630 PYs Construction: 630 Construction: 600 Construction: 150 to Operations: 1.5 PYs PYs 750 PYs PYs/year Operations: 10 Operations: 200 Operations: 65 to PYs/year PYs/ year 300 PYs/year

3.0 Conservation and Economic Values of Edéhzhíe

3.1 Methodology The EWG was faced with the complex task of considering multiple layers of conservation and economic values overlying the Edéhzhíe candidate protected area and designing a protected area taking into account all of these values. As an initial, objective approach to this task CWS, as part of the EWG, conducted a MARXAN (Game and Grantham, 2008) analysis.

MARXAN is a computer program that identifies the optimal solution for incorporating a range of information into the smallest geographic area. In the case of a candidate

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protected area such as Edéhzhíe, MARXAN is provided representation target levels for each of the conservation values identified for the area and attempts to meet these targets within a minimum sized area. Different scenarios with respect to the economic values are explored by attaching ‘cost’ to those values or, in other words, the degree to which MARXAN should avoid economic values when identifying areas for achieving conservation value target levels.

The conservation values and their representation targets were:

• Horn Plateau Ecoregion and Landscape Units – 75%

• Vegetation cover (from satellite imagery) – 15 to 75% (abundant cover types assigned lower target values)

• Source waters and large water bodies – 75%

• Waterfowl habitat – 75%

• Key Migratory Bird Terrestrial Habitat Site #18 – Mills Lake – 100%

• Woodland caribou/Moose survey data – 75%

• Woodland caribou critical (late winter) habitat – 65%

• International Biological Program Sites – 30 to 75%

• Traditional use – 100%

The economic values used were:

• Lead-zinc potential1

• Uranium potential

• Natural gas and oil potential

• Mineral licences

The entire study area, in this case the Edéhzhíe candidate protected area, is divided into equal size ‘planning units’. There were 16,000 such planning units within Edéhzhíe and each planning unit has a certain conservation and economic value signature based on the specific values occurring in it. These planning units are the fundamental unit of the

1 Diamond potential could not be included in the MARXAN analysis. Kimberlite indicator minerals were widespread in Edéhzhíe (Figure 4), but the available data was not sufficient to identify a specific source.

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MARXAN analysis. In the results below, the dark green areas on the maps represent planning units that were selected more than 50% of the time in 100 runs of the program. MARXAN, however, does not delineate the actual boundary location of a possible protected area. The boundary lines in the options below were drawn by the EWG to best capture the intent of the particular option.

3.2 Conservation and Economic Values From its inception, the surrounding communities considered Edéhzhíe as first and foremost an area intended for conservation. One MARXAN analysis, therefore, had a higher ‘cost’ attached to the economic values within the Edéhzhíe candidate protected area (Figure 5). In other words, the analysis sought to include as little area of economic potential as possible while striving to meet the representation targets set for the various conservation values (Section 3.1). Although the results did include some overlap of the conservation and economic values (Figure 5), it was not to the degree seen for an ‘open scenario’ where there was no additional cost to including areas of economic value).

Figure 5: The areas of conservation value within the Edéhzhíe candidate protected area when MARXAN avoided economic values as much as possible.

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4.0 Recommendations

The Edéhzhíe Working Group directs the following recommendations (Table 2) to the Dehcho First Nations, the Tłichô Government, and Environment Canada, to the extent that the recommendations fall within their respective mandates. The Working Group also directs its recommendations to INAC and the GNWT, to the extent that the recommendations fall within their mandates. These recommendations mark the transition from Step 5 to Step 6 of the PAS planning process, which advances Edéhzhíe towards establishment as an NWA under the Canada Wildlife Act.

4.1 Boundary The EWG used the results of the analysis described in Section 3.2 (Figure 5) as the basis for boundary determination. The EWG recommends that an area covering 57% (14,249 km2) of the original Edéhzhíe candidate protected area (25,230 km2) be considered for establishment as a permanent protected area (Figure 6 and 7). This area is a compromise between the conservation and economic potential within the original candidate protected area. The considerable size reduction creates greater flexibility within the Dehcho Region with respect to other conservation designations. The recommended boundary is now retracted from the Dehcho-Tłichô regional boundary; however, Tłichô communities will still have access to it for traditional activities.

Figure 6: The Edéhzhíe Working Group’s recommended boundary in relation to the original candidate protected area.

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Figure 7: The Edéhzhíe Working Group’s recommended boundary in relation to topographic features.

4.1.1 Conservation Rationale: A large majority (89%) of the conservation values in the original Edéhzhíe candidate protected area are included in the recommended protected area. It includes the feeder streams of the Willowlake, Horn, and Rabbitskin Rivers, including the source waters on the Horn Plateau. This was the main protective goal of the Edéhzhíe candidate protected area as articulated by the First Nations communities.

The area within the recommended boundary protects almost all the conservation values in the original candidate area including boreal woodland caribou/moose habitat, the Mills Lake Key Migratory Bird Habitat Site, other large boreal wetlands such as Bulmer, Mink, and Fawn Lakes, water quality, and all important traditional use areas. The area within the recommended boundary contains 98% of the land in the original candidate area that First Nations identified as being the most important for traditional use. It also contains 92% and 87% of lands identified as having high to moderate importance respectively for traditional use.

4.1.2 Economic Rationale: A large majority of the hydrocarbon and mineral potential (78%) in the original

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Edéhzhíe candidate protected area is excluded from the recommended boundary and will be available for future disposition (e.g., mineral and petroleum leases) as Special Management Zones under the Dehcho Land Use Plan. A summary of the estimated socio- economic impact associated with the development of the hydrocarbon and mineral potential outside the recommended boundary (AMEC, 2008) is found in Table 4. The majority of the hydrocarbon and mineral potential identified in the socio-economic assessment (Section 2.2.6) is retained. Such development, however, remains hypothetical at this time (AMEC, 2008)

Approximately 43% of the diamond potential identified in the candidate protected area is excluded from the recommended boundary and will be open for advanced exploration and possible development. A summary of the estimated socio-economic impact associated with diamond mining outside the recommended boundary (AMEC, 2008) is found in Table 4. The majority of the diamond potential identified in the socio-economic assessment (Section 2.2.6) is retained (cf. Tables 4 and 3). Such development, however, remains hypothetical at this time (AMEC, 2008).

The recommended boundary extends as far west as, but does include, the Mackenzie Gas Project natural gas pipeline corridor (Figure 7). The mineral lease in the original candidate area is not included within the recommended boundary.

Table 4: The remaining estimated mineral and hydrocarbon potential as determined by subtracting the potential within the recommended boundary from that in the original candidate protected area as identified in Table 3 (from AMEC, 2008).

Based on 78% of Potential Outside the Based on 43% of Recommended Boundary Potential Outside the Recommended Boundary

Hydrocarbons Minerals Diamonds

Total Costs $481 million (over 12 $167 million (over 7 $258 million (exploration, years) years) construction)

Gross Revenues $15 million/year for 20 $42 million/year for 20 $118 million/year for years) years 20 years

Economic Impact 1900 PYs over 7 years 616 PYs over 12 years 400 PYs over 7 years (exploration and construction)

Economic Impact 9 PYs for 20 years 154 PYs for 20 years 130 PYs for 20 years (operations)

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4.2 Legal Designation

The EWG recommends that Edéhzhíe be established as a National Wildlife Area (NWA) under the Canada Wildlife Act (Wildlife Area Regulations). Upon designation, Environment Canada will become the lead responsible authority in Edéhzhíe; the authority and management of the area therefore remains with the federal government through the Minister of Environment Canada. The Canada Wildlife Act applies only to Crown Lands. As a result, the lands within Edéhzhíe will not be available for, and cannot be selected as, private lands through the Dehcho Process.

Rationale:

The EWG has reviewed the Canada Wildlife Act and believes that given the flexibility in management provided by the Wildlife Area Regulations and the wishes of the Dehcho and Tłichô communities to conserve the land and water for future generations, NWA is the best legal designation. It best meets the conservation goals for an Edéhzhíe NWA while at the same time allowing limited economic activity and enjoyment by the communities and other Canadians.

4.3 Land Administration Section 9.(1) of the Canada Wildlife Act states: “The Governor in Council may authorize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of (a) migratory birds; or (b) with the agreement of the government of the province having an interest therein, other wildlife.” Therefore, the Canada Wildlife Act (Wildlife Area Regulations) provides protection to the surface lands through transfer to Environment Canada’s authority (in this case transfer from INAC). Ownership and jurisdiction remains with the federal government. However, the Canada Wildlife Act does not provide for CWS to manage subsurface lands and issue subsurface dispositions.

The EWG considered three options concerning future subsurface dispositions in the recommended NWA. Three options were considered and discussed. The EWG does not have a consensus recommendation regarding subsurface dispositions.

Option 1 - Withdrawal of the subsurface rights through the Territorial Lands Act, either for the area within the entire recommended boundary or for zones therein.

INAC facilitates an Order-in-Council to withdraw the subsurface rights on a long-term basis. No further dispositions (rights) are issued by INAC.

The EWG does not have specific recommendations concerning zonation within the recommended boundary area. Any such zones, however, would include areas of exceptional conservation or traditional use value (e.g., wetlands, parts of the Horn Plateau). Detailed discussions and decisions on zonation within the Edéhzhíe NWA would

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require a re-convening of the EWG and additional consultation with the Edéhzhíe communities.

Option 2 - Withdrawal of the subsurface rights through the Dehcho Land Use Plan, either for the area within the entire recommended boundary or for zones therein.

An interim Dehcho Land Use Plan would zone Edéhzhíe’s subsurface as a Conservation Zone. Conservation Zones prohibit mineral and petroleum development, but may allow some related uses, such as access for roads and feeder pipelines. Conservation Zones in the Land Use Plan will be implemented through a subsurface-only withdrawal under the Territorial Lands Act. An Interim Dehcho Land Use Plan, if approved and implemented, could be amended upon agreement of the three parties (Canada, DFN and GNWT) and would be reviewed at least every five years. The difference between this option and Option 1 is that the subsurface withdrawal in this option is regularly reviewed, and could be amended upon agreement of the Parties.

Should Edéhzhíe be designated prior to the approval of the Land Use Plan, INAC would continue to extend the withdrawal of the subsurface rights on an interim basis through an Order-in-Council. Subsurface rights would continue to be under the federal administration and control/authority of INAC.

The same comments with respect to zonation under Option 1 apply here.

Option 3 - No withdrawal of subsurface rights within the recommended boundary.

Environment Canada assumes surface administration while INAC retains the subsurface authority and the ability to issue subsurface rights leading to possible industrial development.

4.3.1 Dehcho and Tłichô First Nations The Dehcho and Tłichô First Nations recommend that the subsurface of the Edéhzhíe NWA be permanently withdrawn under the Territorial Lands Act. Option 1 with subsurface withdrawal of the entire area within the recommended boundary is the preferred mechanism for achieving this.

Rationale:

The Dehcho and Tłichô First Nations have recommended a boundary option that results in a 43% decrease in land area from the original candidate protected area. Virtually the entire area of moderate to high hydrocarbon and mineral potential has been left available for future disposition. Industry representatives have advised the EWG that the excluded 43% represents high potential for future diamond exploration. The First Nations believe that this compromise from the original candidate area is a strong rationale for a subsurface

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withdrawal of the area within the recommended boundary. It is also the view of the First Nations that the conservation values within Edéhzhíe must be absolutely protected from industrial development. The Dehcho First Nations have previously formalized their wish that there be no industrial development in an Edéhzhíe NWA through letters from Chiefs and community resolutions and that this be achieved by a subsurface withdrawal. The Chief of Fort Providence has recently stated: "Edéhzhíe is where we as Deh Gah Got'ie are going to find ourselves culturally, economically, politically and spiritually, and it will be managed cooperatively by our future Deh Gah Got'ie."

Goal 2 of the PAS is to “protect core representative areas within each ecoregion”. The area within the recommended boundary contains 44% of the Horn Plateau, 3% of the Hay River Lowlands, and 3% of the Great Slave Lake Plain Ecoregions. Subsurface withdrawal of the area within the recommended boundary would ensure the long term protection of a significant portion of one ecoregion, and smaller portions of two others.

The recommended boundary (Figures 6 and 7) includes a large tract of boreal woodland caribou habitat which has been assessed as still capable of sustaining this species over the long term (Environment Canada, 2008). A subsurface withdrawal as recommended by the Dehcho First Nations and Tłichô Government (see Section 7.0), would best ensure that additional development related disturbance remains low. In addition, such a withdrawal would assist Canada in protecting critical habitat for boreal caribou as required by the federal and territorial Species at Risk Acts.

Option 1 would ensure that the eco-cultural values of the Edéhzhíe NWA are protected for the long-term and contributes to a balanced approach to land use in the Dehcho Region.

Option 2 would provide temporary protection but would not ensure long-term protection of the eco-cultural values of the Edéhzhíe NWA from industrial development. The status of Edéhzhíe could change pending the outcome of ongoing five year reviews.

Option 3 would threaten the eco-cultural values of the Edéhzhíe NWA.

4.3.2 Government of Canada Environment Canada

Environment Canada recognizes the value of securing the withdrawal of subsurface rights in its protected areas and will seek the withdrawal of subsurface rights on a case-by-case basis. Environment Canada is considering all the options for subsurface disposition in an Edéhzhíe NWA. Decisions will be made in concert with other federal interests in this matter and will be based on a weighing of all the information the Working Group has presented in this Recommendations Report, other sources, and any required additional analysis.

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Indian and Northern Affairs Canada

Decisions on the subsurface dispositions for NWAs being established under the PAS in the NWT will be made on a case-by-case basis. Indian and Northern Affairs Canada is currently considering the subsurface disposition options, and recommends that subsurface disposition options form part of the future discussions and negotiations on the establishment of the Edéhzhíe NWA. Indian and Northern Affairs Canada does not have a recommendation for any specific subsurface option for the Edéhzhíe NWA at this time.

4.3.3 Government of the Northwest Territories The Government of the Northwest Territories (GNWT) is satisfied that the EWG has reviewed the assessment information presented on land values in the vicinity of the Edéhzhíe candidate protected area in a manner consistent with the Protected Areas Strategy process.

On the matter of subsurface withdrawals, the GNWT agrees that subsurface rights would be withdrawn for areas designated as conservation zones and that this subsurface withdrawal for the Edéhzhíe NWA should be consistent with the Interim Dehcho Land Use Plan.

In general, GWNT political process is followed during the time of public consultation. Information provided through upcoming public consultation on the proposed Edéhzhíe NWA may be reviewed by Cabinet and a GNWT position offered at that time. This could lend support to any land withdrawal requests through the Indian and Northern Affairs Canada Land Withdrawal Directive for protected areas.

The GNWT also remains interested in participating in any pursuant Edéhzhíe NWA management discussion.

4.3.4 World Wildlife Fund Canada The position of World Wildlife Fund Canada is that the best solution to protect the Edéhzhíe NWA is a permanent subsurface withdrawal as this provides certainty to industry and agrees with all resolutions and positions of all the Aboriginal partners/communities represented by the EWG and fully protects the Horn Plateau Ecoregion from industrial development as required in the NWT-PAS. Option 1, with subsurface withdrawal for the entire area within the recommended boundary, is the only legal mechanism for achieving this.

Rationale:

Option 1 would ensure that the eco-cultural values of the Edéhzhíe NWA are protected for the long-term and contributes to a balanced approach to land use in the Dehcho Region.

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Option 2 would provide temporary protection but would not ensure long-term protection of the eco-cultural values of the Edéhzhíe NWA from industrial development.

Option 3 would threaten the eco-cultural values of Edéhzhíe if it was available for industrial development.

4.3.5 Ducks Unlimited Canada Ducks Unlimited Canada (DUC) supports final designation of Edéhzhíe NWA as defined by the Edéhzhíe Working Group’s selected boundary. This support is based upon its mission to retain wetlands and associated habitats for the benefit of waterfowl.

DUC supports the balanced approach that the Edéhzhíe Working Group has chosen by adjusting the boundary and reducing the area of the proposed NWA to 57% of its original size in order to exclude most areas with non-renewable resource potential. DUC believes it is essential for the final designation to include surface and sub-surface protection to provide clarity with respect to what lands will be protected and what lands may be developed. Achieving surface and sub-surface protection of the area within this boundary also reflects the vision of the Dehcho and Tłichô communities empowered through the Northwest Territories Protected Areas Strategy to make decisions about how their land and resources should be managed for future generations.

One area of high non-renewable resource potential excluded from the selected boundary is along the northern portion of the Horn River, upstream from Mills Lake. DUC’s vision of management of the Edéhzhíe NWA includes ensuring appropriate action is taken to maintain the ability of wetland habitat, including Mills Lake, to support breeding, moulting, and staging waterfowl.

Rationale:

The organizations that make up the Edéhzhíe Working Group demonstrated their collective commitment to compromise to attain a balance between conservation and development in the region. These organizations also seek clarity with respect to ensuring the eco-cultural values contained within the Edéhzhíe NWA are protected for future generations and Option 1 is best suited to provide this clarity.

4.3.6 NWT and Nunavut Chamber of Mines The Chamber agrees to the recommended Edéhzhíe NWA boundary since it is a good compromise between conservation and development. Areas of high lead/zinc and oil and gas potential were excluded from the area within the recommended boundary; however, it is concerned that the true mineral potential of the Edéhzhíe area may never be known. The government mineral potential assessments suggested that the source for abundant kimberlite indicator minerals (and an actual diamond stone) could very well be found beneath Edéhzhíe. However, without advanced mineral exploration, it would never be

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known if kimberlite ore bodies exist there. The work of at least one exploration company with mineral claims in the Dehcho and adjacent to the recommended boundary is very positive. There is the possibility of a new diamond field opening up in the Dehcho region in the near future.

The consistent message from the Dehcho and Tłichô representatives on the Working Group was that they wanted full protection of the proposed Edéhzhíe NWA and absolutely no development. The Chamber, however, would have liked to have seen more discussion on other ways to protect the NWA and provide opportunity for future mineral exploration. In the opinion of the Chamber, Options 2 and 3 are more flexible approaches to land management in the Dehcho Region than Option 1.

The Chamber hopes that industry and the Edéhzhíe NWA can be good neighbours in the future. However, we believe that the proposed Edéhzhíe NWA has the potential to host economic kimberlite ore bodies and fears that permanent removal of land from mineral exploration could negatively affect the Dehcho in the future.

Rationale:

Option 2 would enable conservation and development zones to be shifted over time and allow for mineral exploration. Option 3 could allow mineral exploration to continue under special government permitting as can happen in other Wildlife Areas under CWS jurisdiction.

Both options would allow for systematic investigation of tracts of land. If nothing is found, exploration moves onto the next tract. This kind of mechanism allows exploration to proceed while providing environmental scrutiny of all activities within the area.

4.4 Transfer of Private Land The EWG recommends that the 43.3 ha parcel of land owned in fee simple by Ducks Unlimited Canada be transferred in title to the Minister of Environment as per the Memorandum of Agreement between Ducks Unlimited Canada and the Canadian Wildlife Service dated October 17, 2002.

4.5 Management The EWG is not prepared to make detailed recommendations on the future management of the Edéhzhíe NWA. It does, however, recognize the need for all management partners to be involved in finalization of the current Draft Management Plan. At that time, specific management issues will be addressed in detail.

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The EWG recommends that:

• An Edéhzhíe NWA co-management agreement be established between Environment Canada, the Dehcho First Nations, the Tłichô Government, the Government of the Northwest Territories, and non-governmental organisations.

• An Edéhzhíe NWA Management Committee should take its primary direction from the Wildlife Area Regulations, the co-management agreement, and the Edéhzhíe NWA Management Plan.

• The interests of the two Tłichô communities in relation to the ongoing management of Edéhzhíe will be represented through the Wek’èezhìi Renewable Resources Board; the four Dehcho communities will be represented by an applicable board created under the Dehcho Final Agreement. In the interim, the Dehcho First Nations should identify a regional organization that will represent their interests.

• Public awareness and appreciation of the ecological and cultural values of the Edéhzhíe NWA be communicated and fostered.

Appendix 4 lists the management principles, goals, and objectives for the Edéhzhíe NWA.

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Appendices

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Appendix 1: Steps in the NWT Protected Areas Strategy

Steps in the PAS 1. Identify the main areas to be protected. Prepare a proposal for a protected area. Get support from community and regional 2. organizations. 3. Regional and government review of the proposal. Send proposal to a sponsoring agency. 4. Apply for short term (5 year) protection of the candidate area, if needed. Study and assess the ecological, cultural and economic values of the candidate area. 5. Write a final recommendations report for the area. 6. Apply to sponsoring agency to set up an official protected area. 7. The sponsoring agency approves and sets up the protected area. 8. In partnership, implement, monitor, and review the protected area.

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Appendix 2. Terms of Reference for the Edéhzhíe Working Group

Mandate:

The Edéhzhíe Working Group oversees and guides the detailed evaluation studies and consultation required under Step 5 of the PAS planning process. The Edéhzhíe Working Group makes recommendations to Dehcho First Nations, Dogrib Treaty 11 Council, Canadian Wildlife Service, INAC and the GNWT on the protected area based on the results of evaluation studies and consultations.

Working Group Partnership:

One representative each from:

1. Canadian Wildlife Service 2. Dehcho First Nations 3. Dogrib Treaty 11 Council 4. Pehdzeh Ki First Nation (Wrigley) 5. Líídlî Kúé First Nation (Fort Simpson) 6. Tthek’éhdélî First Nation 7. Deh Gah Got’ie First Nation (Fort Providence) 8. Whatì 9. Behchokö 10. World Wildlife Fund 11. Ducks Unlimited Canada 12. Canadian Association of Petroleum Producers 13. NWT Chamber of Mines 14. Indian and Northern Affairs (INAC) 15. Government of the Northwest Territories (GNWT), Environment and Natural Resources (ENR)

Working Group Partners are appointed by their respective organizations to contribute expertise and information and to secure financial and other resources from their organizations. Working Group Partners have the option of naming an alternate to replace them in situations when they are unable to attend a Working Group meeting.

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As required, resource people, traditional land users and/or elders, may be invited to participate in the meetings to provide information or expertise on a topic. During resource assessment discussions, it is expected that a traditional land user and/or elder will be selected by each of the communities of Pehdzeh Ki (Wrigley), Líídlî Kúé (Fort Simpson), Zhahti Kûê (Fort Providence), Tthek’éhdélî (Jean Marie River), Behchokö and Whatì to attend.

Working Group Partners Duties and Responsibilities:

1. To develop, guide, and oversee the implementation of the overall work plan and budget for the evaluation studies required under Step 5 of the PAS.

2. To develop and oversee the implementation of an Annual Work Plan (complete with a budget) for the evaluation studies required under Step 5. (Please note: Various partners in the Working Group are government agencies. As such they have their own projects, fiscal year, and budget processes to work within. Their projects and expenditures cannot be directed by the Working Group and its Work Plan, however it is hoped that these agencies will contribute to and complement the Annual Work Plan and also be guided by it).

3. To review the Edéhzhíe proposal, and other known information, in order to determine knowledge “gaps” required under Step 5, within the context of the Protected Areas Strategy policies.

4. To guide, monitor, and review the Step 5 work conducted by the Working Group Partners, including Canadian Wildlife Service (sponsoring agency for the Edéhzhíe Candidate Protected Area), GNWT, INAC, Ducks Unlimited, or any other agency conducting Step 5 work.

5. To identify and secure financial resources for the evaluation work identified in the Work Plan.

6. To prepare an Annual Report for submission to the Partners of the Edéhzhíe Candidate Protected Area. The report will contain:

- Details of the Step 5 evaluation work conducted. - Recommendations for the next Annual Work Plan and future work. - A proposed budget required to complete the Step 5 evaluation.

7. To develop communication and consultation plans for the review of the evaluation studies (Annual Reports and Work Plans may assist with this duty) and to distribute information amongst partners. 8. To coordinate the public review of the candidate protected area which includes discussions on the protected area status.

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9. To make recommendations on the boundaries and establishment of the protected area to the Dehcho First Nations, Dogrib Treaty 11 Council, Canadian Wildlife Service, INAC and the GNWT. Note that the common boundary of Edéhzhíe between the Dogrib Treaty 11 Council and the Dehcho First Nations is fixed by a legal agreement between the parties, and cannot be altered by this Working Group.

PAS Secretariat role:

The PAS Secretariat will support the establishment of Edéhzhíe Working Group by:

- Supporting the Edéhzhíe PAS Community Coordinator in making arrangements for Working Group meetings. - Briefing Working Group Partners on evaluation studies. - Coordinating public communication, consultation and review. - Assisting in the preparation of work plans and budgets. - Compiling information and materials for the Working Group. - Ensuring the Working Group is working within the Protected Areas Strategy.

Meetings:

The Working Group will meet as required to review study results and work plans, and plan consultation activities. Meetings may be face-to-face or by conference call.

Location of meetings:

Working Group meeting location will be selected by the Working Group from amongst the Working Group Communities and Yellowknife. Access and cost logistics will also be considered in meeting location decisions.

Review of Terms of Reference:

The Edéhzhíe Working Group terms of reference will be reviewed once a year or as required.

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Appendix 3: Edéhzhíe candidate protected area chronology.

Date Milestone 1992 • Denendeh Resource Committee lists the Horn Plateau as priority area for protection within Líídlî Kúé First Nation traditional territory. August 1996 • INAC Minister announces the development of a NWT Protected Area Strategy (PAS) by the federal, territorial, Aboriginal governments, ENGO, and others at same time as approval of the first diamond mine in NWT. April 1999 • NWT Cabinet approves PAS forwards to INAC Minister for approval by Canada. April 1999 • Líídlî Kúé First Nation formally advances Horn Plateau into PAS Step 1 - 2 and begins mapping and documenting ecological and economic information plus traditional knowledge. May 1999 • Deh Gah Got’ie Dene First Nation and Fort Providence Resource Management Board hold community workshop to begin advancement of Mills Lake as a NWT PAS candidate protected area. Sept 1999 • NWT PAS approved by INAC and the GNWT October 1999 • Dehcho leadership pass Resolution #02 in support of creating Horn Plateau protected area, with no industrial or commercial activities to take place within boundary. January 2000 • Chief Cli requests PAS Secretariat to contact applicable federal/territorial departments in Dehcho for input and support similar and details of federal or territorial partnering or sponsoring institutions and their applicable legislative support August 2000 • Final Líídlî Kúé Horn Plateau Report and October 2000 Fort Providence PAS Workshop report tabled at 8th Annual Dehcho Assembly in Kakisa. Reports used as a basis to advance Mills Lake/Horn River and Horn Plateau as a single candidate area. • 8th Annual Assembly of the Dehcho First Nations in Kakisa passes resolution supporting the initiative to advance the Horn Plateau as a Dehcho protected area, which would include the Líídlî Kúé First Nation, Deh Gah Got’ie Dene First Nation, Tthek’éhdélî First Nation, and Pehdzeh Ki First Nation as co-managers of the area along with government. Deh Gah Got’ie First Nation were encouraged to complete a proposal for the Mills Lake and Horn River protected area so as to link this area with the shared area on the Horn Plateau for a combined protected area with the CWS as possible sponsoring agency.

September 2000 • PAS Secretariat receives Líídlî Kúé Horn Plateau Final Report and began work with possible sponsoring department, Líídlî Kúé First Nation, Dehcho First Nations and communities, the Dogrib Treaty 11 Council, Dogrib communities, and others to identify the consultation process needed to review and advance the site through the PAS process. i October 2000 • PAS Workshop held in Fort Providence passes resolution to link Mills Lake and Horn River with the Horn Plateau and advance it as a single candidate area for protection from industrial development under the NWT PAS. Delegates support the CWS a possible sponsoring agency using the Canada Wildlife Act, including a negotiated co-management plan, to protect Mills Lake, Horn River, and the Horn Plateau.

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Date Milestone January 2001 • Regional PAS Workshop held in Fort Providence with Líídlî Kúé, Deh Gah Got’ie, Tthek’éhdélî, and Pehdzeh Ki First Nation. Pass resolution for Dehcho First Nations to formally request the CWS to act as the sponsoring agency under the PAS to establish “Edéhzhíe” as a protected area under the Canada Wildlife Act. In conjunction with this resolution, the workshop participants developed a vision statement. April 2002 • On behalf of the Dehcho First Nations and the Dogrib Treaty 11 Council, Grand Chief Michael and Grand Chief Joe Rabesca submit a letter to Environment Canada to formally request that the CWS, as a federal partner in the NWT PAS, proceed as the sponsoring agency, with an application to INAC requesting the Surface and Sub-surface Land Withdrawal of the area of land known as Edéhzhíe. December 2002 • CWS receives a copy of the interim land withdrawal Order in Council (OIC 2002-1805 October 24, 2002) from the DIAND Lands Administrator. The withdrawal will expire on June 30, 2007. September 2006 • Request for extension of Edéhzhíe Interim Land Withdrawal submitted by CWS to DIAND. June 2007 • Interim land withdrawal extended until October 2008 (Order in Council P.C. 2007-1003 on 14 June 2007). May 2008 • Analysis of boundary options completed and presented to the Edéhzhíe Working Group. June 2008 • Interim land withdrawal extended until October 2010 (Order in Council). February 2009 • Edéhzhíe Working Group makes recommendation on a boundary and the Dehcho First Nations and Tłichô Government representatives reaffirm their wish to see a subsurface land withdrawal of the entire area. • Dehcho First Nations passes a Resolution adding its support to the need for a subsurface withdrawal of the lands within the Edéhzhíe Working Group’s recommended boundary to protect it from all industrial activity.

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Appendix 4: Management Principles, Goals and Objectives

Management of Edéhzhíe will be guided by the following principles:

• Recognition and protection of the traditional and current use of the area by the Dehcho and Tłichô First Nations; • Conservation of nationally and locally important wildlife and wildlife habitat for the benefit of all Canadians; • Encouragement of public awareness of and appreciation for the natural resources of the area.

Management of the Edéhzhíe Wildlife Area has the following goals:

• Maintain and promote cultural values and traditional pursuits; • Conserve and protect the watershed; • Maintain important boreal wildlife habitat and biodiversity; • Conduct research, monitoring and education.

Management of the Edéhzhíe Wildlife Area has the following objectives:

• Edéhzhíe will represent spiritual and biophysical values associated with the Horn Plateau and surrounding area and provide an important resource for continuing education of cultural, traditional and scientific values of the Dehcho for local, national and international audiences. • Management will be ecosystem-based and respectful of natural processes including forest fires, which are a key component of maintaining this ecosystem and its associated biodiversity. Decisions will be based upon sound community ecological and scientific information.

No management regime will occur in the Edéhzhíe Wildlife Area that could have a detrimental effect upon species listed under the federal Species at Risk Act.

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Literature Cited

AMEC. 2008. Socio-economic assessment of Edéhzhíe Candidate Protected Area. Volume 2: Socio-economic assessment of development options. AMEC Earth and Environmental Ltd., Calgary, AB. Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. 2004 Cizek, P., 2001: Edéhzhíe Candidate Protected Area: Mills Lake, Horn River, Horn Plateau and Willowlake River. Submitted to CWS by Deh Cho First Nations. February 2001: Dehcho First Nations. Crosscurrent Associates Ltd., 2005: Edéhzhíe Oral History Project Report: Prepared for the Edéhzhíe Working Group Hay River, NT: NWT PAS Edéhzhíe Working Group, 44 pp. EBA Engineering Consultants Ltd. and Canadian Wildlife Service, 2006: Ecological Assessment of the Edéhzhíe Candidate Protected Area. Yellowknife, NT: Canadian Wildlife Service, 85 pp. Environment Canada. 2008. Scientific Review for the Identification of Critical Habitat for Woodland Caribou (Rangifer tarandus caribou), Boreal Population, in Canada. August 2008. Ottawa: Environment Canada. 72 pp. plus 180 pp Appendices. Gal, L. P. and Lariviere, J. M., 2004: Edéhzhíe Candidate Protected Area Non-Renewable Resource Assessment (Phase 1) Northwest Territories, Canada, NTS 085E-F-K-L and 095H-I-J. NWT Open File 2004-01. C.S. Lord Northern Geoscience Centre, Yellowknife. Game, E.T. and Grantham, H.S. 2008. MARXAN user manual for MARXAN version 1.8.10. University of Queensland, St. Lucia, Queensland, Australia and Pacific Marine Analysis and Research Association, Vancouver, BC, Canada. IMG-Golder Corporation, 2006: Renewable Resource Assessment of the Edéhzhíe Candidate Protected Area: Submitted to the Edéhzhíe Working Group. Inuvik, NT: IMG-Golder Corporation, 143 pp. Larter, N. C., Johnson, D., and Allaire, D. G., 2006: Aerial Wildlife Survey of the Edéhzhíe Candidate Protected Area, February 2003: Manuscript Report No. 169. Fort Simpson, NT: GNWT, 28 pp. Latour, P. B., 2004: Aerial surveys of geese, swans, and shorebirds at Mills Lake, NWT during the spring and fall migration period. Canadian Wildlife Service, Yellowknife, NT. Latour, P.B., Leger, J., Hines, J.E., Mallory, M.L., Mulders, D.L., Gilchrist, H.G., Smith, P.A., and Dickson, D.L. 2008. Key migratory bird terrestrial habitat sites in the Northwest Territories and Nunavut. 3rd ed. Occasional Paper No. 114. Canadian Wildlife Service, Ottawa. Mills, A.J. 2008. Phase II Non-renewable Resource Assessment: analysis and interpretation of regional stream sediment and water sampling results for the Edéhzhíe Candidate Protected Area, Northwest Territories, Canada, parts of NTS 85E, F, K, L and 95H, I and J. Northwest Territories Open File 2008-03, 209p. NWT Protected Areas Strategy (PAS) Advisory Committee, 1999: NWT Protected Areas Strategy, A Balanced Approach to Establishing Protected Areas in the Northwest Territories. Yellowknife, NT: NWT Protected Areas Strategy, 101 pp. SENES. 2006. Strategic Environmental Assessment - Edéhzhíe Candidate Protected Area. Prepared by: SENES Consultants Ltd., Yellowknife, NT. and G.A. Packman & Associates, Inc., Ottawa, ON. Stewart, D. B., Taptuna, W. E. F., Lockhart, W. L., and Low, G., 2003: Biological Data from Experimental Fisheries at Special Harvesting Areas in the Sahtu Dene and Métis

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Settlement Area, NT: Volume 2. Lakes Near the Communities of Colville Lake, Fort Good Hope, Norman Wells, and Tulita. Canadian Data Report of Fisheries and Aquatic Sciences 1126: viii + 101.

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