Schedule A - Economic Measures -
Part II - Allocation of Licences,
Permits or Poncessions
1.0 Commercial Freshwater Fish
1.1
The Kwanlin Dun First Nation shall have a right of first refusal to acquire licences
or permits in respect of commercial freshwater fishing in the Traditional Territory
of the Kwanlin Dun First Nation as follows:
1.1.1
Government shall offer to the Kwanlin Dun First Nation any new licences
or permits in respect of commercial freshwater fishing until the Kwanlin
Dun First Nation and Kwanlin Dun Firms together have been allocated 25
percent of the commercial freshwater fish quota in the Traditional Territory
of the Kwanlin Dun First Nation.
2.0 Commercial Wilderness Adventure Travel
2.1
If Government places a limit upon the number of licences or permits to be issued
in respect of a sector of the commercial wilderness adventure travel industry in
the Traditional Territory of the Kwanlin Dun First Nation, the Kwanlin Dun First
Nation shall have a right of first refusal to acquire a portion of those licences or
permits as follows:
2.1.1
in the first year that Government places the limit, Government shall offer to
the Kwanlin Dun First Nation in respect of its Traditional Territory:
2.1.1.1
25 percent of the licences or permits to be issued, less the number of
licences or permits required to allow existing operations which are held
by Kwanlin Dun Firms to operate at their then existing level; or
2.1.1.2
the number of licences or permits that remain after the then existing
operations in the Traditional Territory of the Kwanlin Dun First Nation
have been issued the licences or permits that are required to allow
them to operate at their then existing level,
whichever is less; and
2.1.2
in the second year, and each year thereafter, Government shall offer to
the Kwanlin Dun First Nation any new licences or permits issued from time
to time until the Kwanlin Dun First Nation and Kwanlin Dun Firms together
have been issued 25 percent of the licences or permits issued from time to
time.
3.0 Commercial Freshwater Sports Fishing
3.1
If Government places a limit upon the number of licences or permits to be issued
in respect of a sector of the commercial freshwater sports fishing industry in the
Traditional Territory of the Kwanlin Dun First Nation, the Kwanlin Dun First Nation
shall have a right of first refusal to acquire a portion of those licences or permits
as follows:
3.1.1
in the first year that Government places the limit, Government shall offer to
the Kwanlin Dun First Nation in respect of its Traditional Territory:
3.1.1.1
25 percent of the licences or permits to be issued, less the number of
licences or permits required to allow existing operations which are held
by Kwanlin Dun Firms to operate at their then existing level; or
3.1.1.2
the number of licences or permits that remain after the then existing
operations in the Traditional Territory of the Kwanlin Dun First Nation
have been issued the licences or permits that are required to allow
them to operate at their then existing level,
whichever is less; and
3.1.2
in the second year, and each year thereafter, Government shall offer to
the Kwanlin Dun First Nation any new licences or permits issued from time
to time until the Kwanlin Dun First Nation and Kwanlin Dun Firms together
have been issued 25 percent of the licences or permits issued from time to
time.
4.0 Game Farming and Fur Farming
4.1
If Government places a limit upon the number of licences or permits to be issued
in respect of a sector of the game farming or the fur farming industries in the
Traditional Territory of the Kwanlin Dun First Nation, the Kwanlin Dun First Nation
shall have a right of first refusal to acquire a portion of those licences or permits
as follows:
4.1.1
in the first year that Government places the limit, Government shall offer to
the Kwanlin Dun First Nation in respect of its Traditional Territory:
4.1.1.1
25 percent of the licences or permits to be issued, less the number of
licences or permits required to allow existing operations which are held
by Kwanlin Dun Firms to operate at their then existing level; or
4.1.1.2
the number of licences or permits that remain after the then existing
operations in the Traditional Territory of the Kwanlin Dun First Nation
have been issued the licences or permits that are required to allow
them to operate at their then existing level,
whichever is less; and
4.1.2
in the second year, and each year thereafter, Government shall offer to
the Kwanlin Dun First Nation any new licences or permits issued from time
to time until the Kwanlin Dun First Nation and Kwanlin Dun Firms together
have been issued 25 percent of the licences or permits issued from time to
time.
5.0 Conditions
5.1
Government shall Consult with the Kwanlin Dun First Nation when deciding to
establish a licensing or permitting regime or when deciding to amend an existing
licensing or permitting regime in respect of the industries referred to in 1.0, 2.0,
3.0 and 4.0 in the Traditional Territory of the Kwanlin Dun First Nation.
5.2
Government shall Consult with the Kwanlin Dun First Nation when deciding to
place a limit or vary an existing limit upon the number of licences or permits to be
issued in respect of the industries referred to in 1.0, 2.0, 3.0 and 4.0 in the
Traditional Territory of the Kwanlin Dun First Nation.
5.3
In making a decision referred to in 5.2 and in responding to a recommendation
pursuant to 5.4, Government shall consider the following:
5.3.1
the number of existing operations in the sector of the industry referred to
in 1.0, 2.0, 3.0 and 4.0 in respect of which the placing of a limit or the
varying of an existing limit upon the number of licences or permits to be
issued in the Traditional Territory of the Kwanlin Dun First Nation is being
considered;
5.3.2
the capacity of that sector to accommodate additional operations,
including the Kwanlin Dun First Nation and Kwanlin Dun Firms;
5.3.3.
whether a delay in placing a limit or varying an existing limit upon the
number of licences or permits to be issued in respect of that sector would
affect the ability of the Kwanlin Dun First Nation and Kwanlin Dun Firms
together to acquire 25 percent of the licences or permits to be issued;
5.3.4
the objectives of this chapter; and
5.3.5
such other matters as to which the parties may agree.
5.4
The Kwanlin Dun First Nation may, in writing, giving reasons, recommend to the
Minister:
5.4.1
the establishment of or amendment to a licensing or permitting regime in
respect of the industries referred to in 1.0, 2.0, 3.0 and 4.0; and
5.4.2
the placement of or variation of a limit upon the number of licences or
permits to be issued in respect of the industries referred to in 1.0, 2.0, 3.0
and 4.0.
5.5
The Minister shall, within 90 days of receipt of a recommendation from the
Kwanlin Dun First Nation pursuant to 5.4, respond in writing to the Kwanlin Dun
First Nation, giving reasons for any decision made in respect of that
recommendation.
5.6
The Kwanlin Dun First Nation may enter into joint ventures or other
arrangements with other Persons to use the licences or permits issued to the
Kwanlin Dun First Nation pursuant to 1.0, 2.0, 3.0 or 4.0.
5.7
The Kwanlin Dun First Nation shall apply to Government within one year of the
offer of a licence or permit referred to in 1.0, 2.0, 3.0 or 4.0, failing which the right
of first refusal for that licence or permit shall lapse.
5.8
A licence or permit in respect of which a right of first refusal has lapsed under 5.7
shall not be considered a licence or permit offered to the Kwanlin Dun First
Nation under 1.0, 2.0, 3.0 or 4.0.
5.9
When the Kwanlin Dun First Nation applies for a licence or permit in accordance
with 5.7 and satisfies the requirements that otherwise apply to obtaining such a
licence or permit, Government shall issue that licence or permit to the Kwanlin
Dun First Nation.
5.10
A renewal or assignment of a licence or permit shall not be considered a new
licence or permit for the purpose of the calculation of the number of licences or
permits required to be offered to the Kwanlin Dun First Nation pursuant to 1.0,
2.0, 3.0 and 4.0.
5.11
Nothing in 1.0, 2.0, 3.0 or 4.0 shall be construed to obligate Government to
replace a licence or permit obtained by the Kwanlin Dun First Nation pursuant to
these provisions where the Kwanlin Dun First Nation has sold or assigned that
licence or permit.
5.12
Nothing in 1.0, 2.0, 3.0 or 4.0 shall be construed to prevent the Kwanlin Dun First
Nation or a Kwanlin Dun Firm from acquiring additional licences or permits
through the normal regulatory process.
5.13
The rights of first refusal referred to in 1.0, 2.0, 3.0 and 4.0 shall expire on
January 1, 2027, unless the parties to this Agreement agree to extend the
application of those provisions.
6.0 Outfitting Concession
6.1
The Kwanlin Dun First Nation shall have the first right to acquire the next
outfitting concession which becomes available in the Traditional Territory of the
Kwanlin Dun First Nation after the Effective Date of this Agreement.
6.1.1
Upon that outfitting concession becoming available, Government shall give
notice in writing to the Kwanlin Dun First Nation of that fact and of the
terms and conditions upon which that concession might be acquired.
6.1.2
The Kwanlin Dun First Nation may exercise the first right to acquire
referred to in 6.1, at any time during the 90 days following the date upon
which it received the notice referred to in 6.1.1, by advising Government in
writing of its intention to exercise that right.
6.1.3
If the Kwanlin Dun First Nation fails, within the 90 days following its receipt
of the notice referred to in 6.1.1, to advise Government that it wishes to
exercise the first right to acquire referred to in 6.1, it shall be deemed to
have given notice that it will not be exercising that right.
6.2
For the purposes of 6.0, an outfitting concession becomes available only in the
following circumstances:
6.2.1
Government decides to grant a concession in respect of an area, the
greatest part of which has never been the subject of any outfitting
concession;
6.2.2
Government decides to grant one or more additional concessions in
respect of an area which was previously the subject of only one
concession;
6.2.2.1
for greater certainty, the realignment of the existing boundaries of two
or more adjacent outfitting areas does not result in a new concession
becoming available for the purposes of 6.0;
6.2.3
Government decides to grant a concession in respect of an area, the
previous concession in respect of which Government has revoked or
refused to renew because of the concession holder’s failure to comply with
the Laws of General Application; or
6.2.4
Government decides to grant a concession in respect of an area, the
previous concession in respect of which Government has revoked or
refused to renew because it was then of the opinion that to so do was
necessary for the conservation of wildlife in the area or protection of the
public interest.
6.3
The first right to acquire referred to in 6.1 shall expire on January 1, 2027, unless
the parties to this Agreement agree to extend the application of this provision.
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