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The Kwanlin Dun First Nation Final Agreement

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Schedule C -
Kwanlin Dun Waterfront Heritage
Working Group


1.0 Establishment

1.1
A Working Group shall be established as soon as practicable after the Effective Date of this Agreement to:

1.1.1
direct and oversee the preparation of a written and pictorial history of Kwanlin Dun in relation to the Whitehorse waterfront (the "History");

1.1.2
develop a plan for the presentation of the History to the public, including signage and permanent displays in appropriate locations along the Whitehorse waterfront (the "Plan"), for the purpose of promoting public awareness, appreciation and understanding of the History;

1.1.3
identify existing programs or other opportunities for attracting funding that could be used to assist with implementation of the Plan or portions thereof;

1.1.4
facilitate cooperation and coordination among other organizations with an interest in the historic and cultural values of the Whitehorse waterfront.

1.2
The History shall incorporate and build upon historical work already completed by the Kwanlin Dun First Nation.

2.0 Composition of the Working Group

2.1
The Working Group shall be an intergovernmental body composed of one representative from each of the Kwanlin Dun First Nation, Canada and the Yukon.

2.2
The parties shall invite the City of Whitehorse to also appoint a representative to the Working Group.

2.3
The Working Group may consult with other organizations with an interest in the historic and cultural values of the Whitehorse waterfront in order to facilitate mutual cooperation and coordination.

2.4
Each entity appointing a representative to the Working Group shall fund the participation of its own representative.

3.0 Work Plan and Budget

3.1
The Working Group shall prepare a work plan and budget for the preparation of the History and development of the Plan, subject to review and approval by Canada. The approved expenses shall be a charge on Canada.

3.2
The Working Group may refer its draft History and Plan to the Yukon Heritage Resources Board for its review and comments.

3.3
The Working Group shall endeavour to complete the draft History and Plan within three years of the date upon which it was established, and shall refer them to their principals for review and approval.

4.0 Review and Approval of the History and Plan

4.1
Within 90 days of receipt of the draft History and Plan, the Kwanlin Dun First Nation, Canada and the Yukon, and the City of Whitehorse if it appointed a representative to the Working Group, shall jointly review the same with a view to reaching consensus as to the provisions to be included in the approved History and Plan.

4.2
Unless otherwise agreed by the parties to this Agreement, if consensus is not reached under 4.1, Canada and the Kwanlin Dun First Nation may jointly accept, vary or set aside the provisions set out in the draft History and Plan from the Working Group.

4.3
The decision of Canada and the Kwanlin Dun First Nation as to the provisions to be included in the approved History and Plan shall be forwarded to the Yukon, and to the City of Whitehorse if it appointed a representative to the Working Group, in writing.

4.4
For greater certainty, the consent of an owner of property is required prior to the erection of signage or displays upon, or other use of, such property pursuant to the approved Plan, notwithstanding that the owner of the property may have a representative on the Working Group.

5.0 Implementation of the Approved Plan

5.1
The Working Group shall prepare and submit to Canada for its review and approval a two year work plan and budget for implementing the approved Plan, or portions thereof, including identifying any existing programs or other opportunities for attracting funding that could be used for implementing portions of the Plan. The approved expenses shall be a charge on Canada.

5.2
The Working Group shall direct and oversee implementation of the approved Plan in accordance with the work plan and budget approved by Canada.

5.3
Except as provided in 5.1, nothing in 4.0 shall be construed to commit any of the entities appointing representatives to the Working Group to provide financial or other resources to implement the Plan.

5.4
The Kwanlin Dun First Nation, Canada, the Yukon, and the City of Whitehorse if it appointed a representative to the Working Group, or any of them, may develop mechanisms or enter into agreements to facilitate cooperative implementation of the Plan or portions thereof.

5.5
Unless otherwise agreed by the parties to this Agreement, the Working Group shall be dissolved once the work identified in the approved work plan is completed.

 


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  Last Updated: 2005-10-28 top of page Important Notices