Amendment to the 1998 Tr'ondëk Hwëch'in Final Agreement: 9.6.1 Land Exchange
Preamble
Whereas the Government of Yukon ("YG") and the Tr'ondëk Hwëch'in (the "TH") desire that TH obtain the Crown Land parcels identified herein in exchange for certain parcels of existing Settlement Land;
And whereas the Government of Canada ("Canada"), YG and the TH wish to amend the Tr'ondëk Hwëch'in Final Agreement to reflect the exchange and indicate that the Crown Land has become Settlement Land of the Trondëk Hwëch'in; and
And whereas, it is the intention of the Parties that the Yukon Northern Affairs Program Devolution Transfer Agreement dated October 29, 2001 applies to the Settlement Land described in Appendix A to this document as per the terms of that Agreement.
The following Exchange Agreement and Amendment Agreement Pertaining to the Tr'ondëk Hwëch'in Final Agreement have been entered into:
1) Exchange agreement
Between:
The Government of Yukon (YG) as represented by the Premier
And
The Tr'ondëk Hwëch'in (TH) as represented by the Chief
The Government of Yukon and the Tr’ondëk Hwëch’in agree to the following:
- YG and TH agree to exchange Crown Land and Settlement Land as provided by clause 9.6.1 of the Tr’ondëk Hwëch’in Final Agreement:
- A Yukon First Nation and Government may agree to exchange Crown Land for Settlement Land and may agree that Crown Land exchanged for Settlement Land will be Settlement Land provided that any such agreement shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Crown Land.
- Subject to paragraph 6, YG transfers to the TH the fee simple interest in the following parcels of land reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right, as defined in the Tr'ondëk Hwëch'in Final Agreement; the transfer being made pursuant to the Yukon Act, the Yukon First Nations Land Claims Settlement Act (Canada) S.C. 1994, c.34 and the Act Approving Yukon Land Claims Agreements (Yukon), R.S.Y. 2002, c.240 and s.9.6.1 of the Tr'ondëk Hwëch'in Final Agreement:
- Surveyed as Lot 1000, Quad 116B/10
- Surveyed as Lot 1012, Quad 116C/8
- Surveyed as Lot 1002, Quad 1150/16
- Surveyed as Lot 1000, Quad 1150/3
- Surveyed as Lot 1003, Quad 115J/14
- Surveyed as Lot 1001, Quad 116G/1
- Surveyed as Lot 1012, Quad 116B/8
- Surveyed as Lot 1000, Quad 116B/12
- Surveyed as Lot 1002, Quad 116B/11
- Surveyed as Lot 1001, Quad 116B/7
- Surveyed as Lot 1004, Quad 116C/1
- Subject to paragraph 6, the TH in exchange grants to YG the fee simple interest in the following Settlement Land, the exchange and grant being made pursuant to the Yukon First Nations Land Claims Settlement Act (Canada) S.C. 1994, c.34 and the Act Approving Yukon Land Claims Agreements (Yukon), R.S.Y. 2002, c.240, s. 5.10.1.3 and s.9.6.1 of the Tr'ondëk Hwëch'in Final Agreement:
- S-29B1
- S-57B1
- S-68B1
- S-81B1
- S-82B1
- S-118B1
- S-123B1
- S-134B1
- S-136B1
- S-137B1
- S-186B1
- YG does not make any representations and shall have no liability or obligation with respect to the value, state or condition of the land transferred to TH under paragraph 2.
- TH does not make any representations and shall have no liability or obligation with respect to the value, state or condition of the land granted to YG under paragraph 3.
- Where any portion of a parcel of land described in paragraph 2 overlaps with a portion of a parcel of land described in paragraph 3, there shall be no transfer of that portion.
- This Agreement does not affect the cessation, release and surrender of any aboriginal claim, right, title or interest with respect of the Crown Land transferred to the TH.
- This Agreement will come into effect upon the date the Amendment Agreement pertaining to the Tr'ondëk Hwëch'in Final Agreement is signed by the Minister of Indian Affairs and Northern Development on behalf of Canada. Should the contemplated amendment not be completed, this Exchange Agreement will be null and void.
Signed on behalf of the Tr'ondëk Hwëch'in at _____________________ this ______day of ________________, 20XX.
______________________________________
Chief, Tr'ondëk Hwëch'in
Signed on behalf of the Government of Yukon at ______________________ this _______ day of __________________, 20 XX.
_____________________________________
The Premier, Government of Yukon
2) Amendment agreement pertaining to the Tr’ondëk Hwëch’in final agreement
Between:
The Government of Yukon (YG) as represented by the Premier
And
The Tr'ondëk Hwëch'in (TH) as represented by the Chief
And
The Government of Canada (Canada) as represented by the Minister of Indian Affairs and Northern Development
Whereas Canada, YG and TH (the Parties) agree that the land described in paragraph 2 of the Exchange Agreement between TH and YG shall become Category B Settlement Land of the Tr'ondëk Hwëch'in upon:
- consent of the Parties to an amendment of the Settlement Land Description of the Trondëk Hwëch'in; and
- completion of the process provided for in 5.14.2 of the Tr'ondëk Hwëch'in Final Agreement.
THEREFORE:
- The Tr'ondëk Hwëch'in consents to the amendments of the Tr'ondëk Hwëch'in Final Agreement identified in Appendix A of this document, as per 2.3.5.3 (a) of the Tr'ondëk Hwëch'in Final Agreement;
- As per 2.3.5.3 (b) of the Tr'ondëk Hwëch'in Final Agreement, the Tr'ondëk Hwëch'in Council shall attach to this document as Appendix B, a certified true copy of the resolution consenting to the amendment identified in Appendix A of this document.
- Upon receipt by YG of:
- an original copy of this document, complete with the signature of the Chief, Tr'ondëk Hwëch'in agreeing to the exchange of Crown Land and Settlement Land; and
- a certified true copy of the resolution consenting to the amendment of the Tr'ondëk Hwëch'in Final Agreement attached as Appendix B to this document,
- agree to the contemplated land exchange by affixing the signature of the Premier to the above Exchange Agreement; and
- show consent to the amendment to the Tr'ondëk Hwëch'in Final Agreement identified in Appendix A of this document by attaching as Appendix C to this document the consenting Order in Council.
- Upon receipt by Canada of:
- an original copy of this document, complete with the signatures of the Chief, Tr'ondëk Hwëch'in and the Premier agreeing to the exchange of Crown Land and Settlement Land;
- a certified true copy of the Tr'ondëk Hwëch'in resolution consenting to the amendment of the Tr'ondëk Hwëch'in Final Agreement identified in Appendix A of this document, and attached to this document as Appendix B;
- a certified true copy of the YG Order in Council consenting to the amendment of the Tr'ondëk Hwëch'in Final Agreement identified in Appendix A, and attached to this document as Appendix C;
as per 2.3.5.1 (a) of the Tr'ondëk Hwëch'in Final Agreement, the Minister of Indian Affairs and Northern Development shall consent on behalf of Canada to the amendment of the Tr'ondëk Hwëch'in Final Agreement identified in Appendix A of this document, and upon the date of that signature, the Tr'ondëk Hwëch'in Final Agreement shall be amended.
I, _______________, Minister of Indian Affairs and Northern Development, hereby consent on behalf of Canada to the amendment to the Tr'ondëk Hwëch'in Final Agreement as identified in Appendix A of this document.
_____________________________________
Minister of Indian Affairs and Northern Development
Dated the _________ day of ____________________, 20XX.
Appendix A
The Settlement Land Descriptions of the Tr'ondëk Hwëch'in shown in Appendix A – Settlement Land Descriptions of the Tr'ondëk Hwëch'in Final Agreement for S-29B, S-57B, S-68B, S-81B, S-82B, S-118B, S-123B, S134B, S-136B, S-137B, S-186B are deleted and replaced by the following:
S-29B
Proposed Site Specific Settlement Land, being Lot 1000, Quad 116 B/10, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 2.64 hectares, more or less.
S-57B
Proposed Site Specific Settlement Land, being Lot 1012, Quad 116 C/08, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 4.54 hectares, more or less.
S-68B
Proposed Site Specific Settlement Land, being Lot 1000, Quad 115 O/16, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 1.01 hectares, more or less.
S-81B
Proposed Site Specific Settlement Land, being Lot 1000, Quad 115 O/03, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 1.93 hectares, more or less.
S-82B
Proposed Site Specific Settlement Land, being Lot 1003, Quad 115 J/14, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 12.25 hectares, more or less.
S-118B
Proposed Site Specific Settlement Land, being Lot 1001, Quad 116 G/01, Plan XXXXX CLSR, XX-XXX LTO,
having an area of 5.0 hectares, more or less.
S-123B
Proposed Site Specific Settlement Land, being Lot 1012, Quad 116 B/08, Plan XXXXX CLSR, XX-XXX LTO,
having an area of 4.0 hectares, more or less.
S-134B
Proposed Site Specific Settlement Land, being Lot 1012, Quad 116 B/12, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 4.17 hectares, more or less.
S-136B
Proposed Site Specific Settlement Land, being Lot 1002, Quad 116 B/11, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 4.0 hectares, more or less.
S-137B
Proposed Site Specific Settlement Land, being Lot 10XX, Quad 116 B/07, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 4.04 hectares, more or less.
S-186B
Category B – Site Specific Settlement Land, being Lot 1004, Quad 116 C/01, Plan XXXXX CLSR, XX-XXX LTO,
having an area of approximately 6.0 hectares, more or less.
CLSR and LTO numbers will be added upon confirmation of the official plan of survey by Surveyor General as per 5.14.2 of the Tr'ondëk Hwëch'in Final Agreement and published in the Canada Gazette as such.