Schedule B -
Canyon City Historic Site

1.0 Definitions

1.1
In this schedule, the following definitions shall apply.

"Approved Management Plan" means the management plan in respect of which a consensus is reached under 5.1 or 5.2, or decided by the Minister under 5.3 of this schedule.

"Area" means the area shown as Canyon City Historic Site on Map Sheet 105 D/10, 11 - MacRae Area, City of Whitehorse, in Appendix B - Maps, which forms a separate volume to this Agreement.

"Canyon City Historic Site" means the historic site established by the Yukon under the Historic Resources Act, R.S.Y. 2002, c. 109 in respect of the Area, excluding the mines and minerals and the right to work the mines and minerals, in, on or under the Area, in accordance with 2.2 of this schedule.

1.2
In this schedule, "mines and minerals" and the "right to work" the mines and minerals shall have their meanings according to Laws of General Application and not as defined in Chapter 1 - Definitions.

2.0 Establishment

2.1
The Yukon shall designate the Area, excluding the mines and minerals, in, on or under the Area, as an historic site under the Historic Resources Act, R.S.Y. 2002, c.109, as soon as practicable after the Effective Date of this Agreement.

2.2
For greater certainty, the Canyon City Historic Site does not include the mines and minerals in, on or under the Area or the right to work the mines and minerals.

2.3
Historic site designation under the Historic Resources Act, R.S.Y. 2002, c. 109 shall not be removed from any lands forming part of the Canyon City Historic Site without the consent of the Yukon and the Kwanlin Dun First Nation.

2.4
Subject to 2.7 and 2.8, Government shall, no later than the Effective Date of this Agreement:

2.4.1
prohibit entry on the Area for the purpose of locating, prospecting or mining under the Quartz Mining Act, S.Y. 2003, c. 14 and the Placer Mining Act, S.Y. 2003, c. 13;

2.4.2
withdraw the mines and minerals, in, on or under the Area from disposal under the Territorial Lands (Yukon) Act, S.Y. 2003, c. 17.

2.5
Subject to 2.7 and 2.8, the Yukon shall, no later than the Effective Date of this Agreement, withdraw the Area from disposition under the Oil and Gas Act, R.S.Y. 2002, c. 162.

2.6
Subject to 2.7 and 2.8, no one may explore for coal in, on or under the Area.

2.7
For greater certainty, the provisions of 2.4, 2.5 and 2.6 shall not apply in respect of:

2.7.1
mineral claims and leases recorded or continued under the Quartz Mining Act, S.Y. 2003, c. 14 and placer mining claims and leases to prospect recorded or continued under the Placer Mining Act, S.Y. 2003, c. 13, existing on the Effective Date;

2.7.2
oil and gas dispositions under the Oil and Gas Act, R.S.Y. 2002, c. 162 existing on the Effective Date, which for greater certainty, include federal dispositions;

2.7.3
rights granted or continued under section 6 of the Territorial Lands (Yukon) Act, S.Y. 2003, c. 17, existing on the Effective Date; and

2.7.4
any successor or replacement rights and any new leases, licenses, permits or other rights which may be granted in respect of an interest described in 2.7.1, 2.7.2 or 2.7.3.

2.8
The provisions of 2.4, 2.5 and 2.6 shall not prohibit the granting of rights to mines and minerals underlying the Area which may be accessed directionally from a location outside the Area, and the right to work such mines and minerals, provided that the granting of such rights and the working of those rights do not require access to the surface of the Area or would result in a reasonable likelihood of disturbing the surface of the Area.

3.0 Steering Committee

3.1
A steering committee shall be established as soon as practicable after the Effective Date of this Agreement to prepare and recommend a management plan for the Canyon City Historic Site.

3.2
The steering committee shall be comprised of four members, of whom two shall be designated by the Yukon and two designated by the Kwanlin Dun First Nation.

4.0 Management Plan

4.1
The steering committee shall endeavour to recommend a management plan to the Yukon and the Kwanlin Dun First Nation within 5 years of its establishment.

4.2
The preparation of the management plan for Canyon City Historic Site shall be guided by the following principles:

4.2.1
the protection, conservation and interpretation of the Heritage Resources at Canyon City Historic Site related to the Klondike Gold Rush and related to the culture and history of Kwanlin Dun in accordance with national and international standards, where appropriate; and

4.2.2
encouragement of public awareness of and appreciation for the natural and cultural resources of Canyon City Historic Site.

4.3
The steering committee shall consider and the management plan may address:

4.3.1
development of Canyon City Historic Site;

4.3.2
administration, operation and maintenance of Canyon City Historic Site;

4.3.3
traditional use of the Area by the Kwanlin Dun First Nation and Kwanlin Dun;

4.3.4
current use of the Area by Kwanlin Dun and other Yukon residents;

4.3.5
archaeological resources;

4.3.6
visitor access and services;

4.3.7
security and safety;

4.3.8
research and interpretation;

4.3.9
identification of economic opportunities associated with management and use of Canyon City Historic Site;

4.3.10
identification of training opportunities associated with Canyon City Historic Site research and interpretation;

4.3.11
public education with respect to Heritage Resources at Canyon City Historic Site; and

4.3.12
any other matters that the Yukon and the Kwanlin Dun First Nation may jointly request the management committee to consider.

4.4
The preparation of the management plan shall include a process for public consultation.

4.5
When preparing a management plan, the steering committee shall consider use of the surrounding area with a view to minimizing any inconsistencies between that use and the management plan.

4.6
The steering committee may refer a proposed management plan to the Yukon Heritage Resources Board for its review and recommendations.

5.0 Approval of the Management Plan

5.1
Within 90 days of receipt of a proposed management plan from the steering committee, the Yukon and the Kwanlin Dun First Nation shall jointly review the provisions set out therein and shall make reasonable efforts to reach a consensus as to the provisions to be included in the management plan.

5.2
If the Yukon and the Kwanlin Dun First Nation are unable to reach a consensus under 5.1, either may refer the matter to the dispute resolution process under 26.4.0.

5.3
If the matter referred to the dispute resolution process under 5.2 is not resolved, the Minister may accept, vary or set aside the provisions set out in the proposed management plan and the decision of the Minister as to the provisions to be included in the management plan shall be forwarded to the Kwanlin Dun First Nation.

6.0 Implementation of the Approved Management Plan

6.1
Canyon City Historic Site shall be managed in accordance with the Historic Resources Act, R.S.Y. 2002, c.109 and the Approved Management Plan.

6.2
Prior to the implementation of the Approved Management Plan, Canyon City Historic Site shall be managed, to the extent practicable, in accordance with the principles set out in 4.2 of this schedule.

6.3
The Yukon and the Kwanlin Dun First Nation shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Approved Management Plan.

7.0 Review and Amendments of the Approved Management Plan

7.1
The Yukon and the Kwanlin Dun First Nation shall review the Approved Management Plan no later than five years after its initial approval and no later than every 10 years thereafter.

7.2
Review of the Approved Management Plan shall include a process for public consultation.

7.3
Amendments to the Approved Management Plan shall follow a process based on 5.0.

8.0 Economic Opportunities

8.1
The Yukon shall provide written notice to the Kwanlin Dun First Nation of any public tender for contracts associated with the management of Canyon City Historic Site.

8.2
The Yukon shall include the Kwanlin Dun First Nation in any invitational tender for contracts associated with the management of Canyon City Historic Site.

8.3
The Kwanlin Dun First Nation shall have the first opportunity to accept any contract offered by the Yukon, other than by public or invitational tender, associated with the management of Canyon City Historic Site upon the same terms and conditions as would be offered to others.

8.4
Any failure to provide written notice pursuant to 8.1 shall not affect the public tender process or the contract awards resulting therefrom.

8.5
Any failure to include the Kwanlin Dun First Nation in any invitational tender for contracts pursuant to 8.2 shall not affect the invitational tender process or the contract awards resulting therefrom.

8.6
Any failure to provide a first opportunity pursuant to 8.3 shall not affect any contract entered into associated with the management of Canyon City Historic Site.

8.7
The Yukon shall include a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms in any contract opportunities associated with the management of Canyon City Historic Site.

8.8
Nothing in 8.7 shall be construed to mean that a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms shall be the determining criterion in awarding any contract.

8.9
A failure to include a criterion for employment of Kwanlin Dun or engagement of Kwanlin Dun Firms pursuant to 8.7 shall not affect any contract entered into associated with the management of Canyon City Historic Site.