Chapter 22 - Economic Development Measures
22.1.0 Objectives
22.1.1
The objectives of this chapter are as follows:
22.1.1.1
to provide Yukon Indian People with opportunities to participate in the
Yukon economy;
22.1.1.2
to develop economic self-reliance for Yukon Indian People; and
22.1.1.3
to ensure that Yukon Indian People obtain economic benefits that flow
directly from the Settlement Agreements.
22.2.0 General
22.2.1
Nothing in a Settlement Agreement shall be construed to prevent a Yukon
First Nation or a Yukon Indian Person from accessing and making use of
economic development programs of general application to a Yukon resident
and a Canadian citizen.
22.2.2
Except as otherwise agreed in a Yukon First Nation Final Agreement, nothing
in this chapter shall be construed to impose any financial obligation on
Government.
22.2.3
Measures identified in this chapter shall take into consideration Government
fiscal responsibility and economic objectives.
22.3.0 Yukon First Nation Final Agreements
22.3.1
As soon as practicable after the completion of the implementation plan for a
Yukon First Nation Final Agreement, the parties to each Yukon First Nation
Final Agreement shall develop a plan for Yukon Indian People to take
advantage of economic development opportunities generated by that
Settlement Agreement, which plan may be completed either before or after a
Yukon First Nation Final Agreement.
Specific Provision
22.3.1.1
The plan referred to in 22.3.1 for the Kwanlin Dun First Nation shall be
completed within three years of the Effective Date of this Agreement or
such other time as the parties may agree.
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22.3.2
The plans shall include recommendations to:
22.3.2.1
maximize opportunities for training and identify the experience that
Yukon Indian People will require to take advantage of the economic
opportunities generated by Settlement Agreements;
22.3.2.2
maximize the use of available financial and technical resources; and
22.3.2.3
identify the funding requirements and measures necessary to stimulate
community level economic activity.
22.3.3
Each Yukon First Nation Final Agreement shall provide for specific economic
measures which shall address:
22.3.3.1
access to employment and contract opportunities for Yukon Indian
People generated as a direct consequence of the Settlement
Agreements;
22.3.3.2
access to employment and contract opportunities for Yukon Indian
People generated as a direct consequence of the land and resource
management regime set out in the Umbrella Final Agreement;
22.3.3.3
participation by Yukon Indian People in harvesting activities; and
22.3.3.4
the interest of Yukon First Nations in strategic investments in areas
such as transportation, culture, communication, agriculture, renewable
resource services, energy resources, industry and tourism.
Specific Provision
22.3.3.5
Certain of the specific economic measures required by 22.3.3 are
set out in Part I of Schedule A - Economic Measures, attached to
this chapter.
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22.3.4
Unless otherwise agreed in a Yukon First Nation Final Agreement,
participation of Yukon Indian People in contracts identified pursuant to
22.3.3.1 and 22.3.3.2 shall be on a competitive basis.
22.3.5
Unless otherwise agreed in a Yukon First Nation Final Agreement,
participation of Yukon Indian People in employment opportunities pursuant to
22.3.3.1 and 22.3.3.2 shall be based on appropriate qualifications or
experience.
22.3.6
Each Yukon First Nation Final Agreement shall set out a process for
allocation to that Yukon First Nation of licences, permits or grants for
outfitting, commercial fishing other than salmon fishing, or other uses of
natural resources.
Specific Provision
22.3.6.1
The process required by 22.3.6 is set out in Part II of Schedule A -
Economic Measures, attached to this chapter.
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22.3.7
The allocation of a licence, permit or grant provided under 22.3.6 shall be in
accordance with the following conditions:
22.3.7.1
an existing licence, permit or grant shall continue in force for the
present holder; and
22.3.7.2
renewals or assignments shall not be affected if the present holder is
otherwise entitled to renew or assign.
22.4.0 Employment Opportunities
22.4.1
Where public service employment opportunities exist, Government shall
assist in facilitating training and professional development of Yukon Indian
People so that they will have access to such employment opportunities, with
particular emphasis on increasing over a reasonable period of time the
number of Yukon Indian People in technical, managerial and professional
positions within the public service.
22.4.2
The Yukon and Yukon First Nations jointly shall explore ways to make
apprenticeship programs more flexible, and to promote greater participation
by Yukon Indian People in such programs, and shall examine other means of
providing training for employment.
22.5.0 Contracting
22.5.1
The Yukon, at the time it publicly invites tenders, shall provide written notice
to those Yukon First Nations who have indicated a wish to be advised of
public tenders. Where bidders' lists or similar methods are used, the Yukon
shall notify those Yukon First Nations who have indicated their interest in
contracting and their ability to supply the tendered goods or services.
22.5.2
Any failure to provide notice pursuant to 22.5.1 shall not affect the public
tender process or the contract awards resulting therefrom.
22.5.3
The Yukon shall provide information on a regular basis to Yukon First Nations
on contracts awarded which were not advertised for public tender.
22.5.4
For contracts to be awarded in the Yukon, Canada undertakes to include on
contract lists those qualified Yukon First Nations who have indicated an
interest in contracting.
22.5.5
A Yukon First Nation may request information from a federal contracting
authority on contracts awarded in the Yukon. Where such information is
publicly available, the authority shall make all reasonable efforts to provide
the requested information.
22.5.6
At the request of Yukon Indian People, Government shall provide information
on how to access Government supply and services contracts and standing
offers, and how to register on lists or inventories which Government uses for
contracting.
22.5.7
Where practicable, provision of information in 22.5.6 shall be through
seminars and workshops.
22.5.8
Government shall ensure that Yukon Indian People and Yukon First Nations'
corporations are advised on how to access Government contracting, and that
such individuals and businesses are given full opportunity to be registered on
any lists or inventories Government uses for contracting purposes.
22.5.9
Any criteria for northern preference in contracting shall not exclude Yukon
Indian People.
22.5.10
The Yukon shall, where reasonable, make best efforts to structure contracts,
on both Settlement Land and Non-Settlement Land, so that they are of a size
manageable by small businesses.
22.6.0 Public Corporations
22.6.1
Subject to 22.2.0, Government shall assist Yukon Indian People to make
investments in public corporations.
22.6.2
The Yukon shall ensure that the Board of Directors of the Yukon
Development Corporation is generally representative of the Yukon population.
22.6.3
The Yukon shall make best efforts to structure the Board of Directors of the
Yukon Energy Corporation so that at least one-quarter of the directors are
Yukon Indian People.
22.6.4
Yukon First Nation corporations may participate with the Yukon Development
Corporation in economic opportunities, and such participation may include,
but is not limited to, joint ventures, partnerships and equity participation in
subsidiary corporations.
22.6.5
Yukon First Nations shall be offered an opportunity to participate in all
ventures where the Yukon Development Corporation seeks public
participation in the acquisition or disposal of a business venture.
22.6.6
Government and Yukon First Nations shall establish, to the extent practicable,
procedures for joint capital planning.
22.7.0 Economic Planning
22.7.1
The Yukon shall make best efforts to structure the Yukon Council on the
Economy and the Environment so that at least one-quarter of its members are
Yukon Indian People.
22.7.2
The Yukon shall ensure that at least one-quarter of the delegates invited to
attend the annual review of the Yukon Economic Strategy are Yukon Indian
People or their representatives.
22.8.0 Financial Institutions
22.8.1
The parties to the Umbrella Final Agreement shall examine the viability of a
Yukon First Nation controlled trust company within two years of the
enactment of Settlement Legislation.
22.8.2
If the concept of a Yukon First Nation trust company appears viable,
Government shall take such measures as may be necessary and as are
reasonable to enable Yukon First Nations to establish such an institution.
22.9.0 Implementation
22.9.1
A full and complete review of the effectiveness of the provisions of this
chapter shall be carried out in the year 2010 by Government and the Yukon
First Nations. If, after the review, the parties to the Umbrella Final Agreement
agree that the objectives of this chapter have been met, the obligations of
Government under this chapter shall cease commencing January 1, 2011.
So long as these obligations remain in effect, a like review shall be carried out
every five years thereafter.
Specific Provision
22.9.1.1
For greater certainty, the obligations of Government under this chapter
shall not cease as a result of a review under 22.9.1 until the Kwanlin
Dun First Nation agrees that the objectives of this chapter have been
met.
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