Schedule B
Resolution of Overlapping Claims

1.0 Definitions

1.1
In this schedule, the following definitions shall apply. "Administrative Boundary" means a boundary which eliminates an overlap between the Kwanlin Dun First Nation and an Overlapping Yukon First Nation in respect of the application of any one or more of the provisions of this Agreement set out in 4.0 of this Schedule.

“Alternative Arrangements" means agreements made pursuant to 9.0 of this schedule for resolving any overlapping claim, right, title and interest in an Overlapping Area, as an alternative to a Contiguous Boundary.

"Contiguous Boundary" means the boundary which, for the purposes of Settlement Agreements, eliminates an Overlapping Area.

"Overlapping Area" is that part of a Yukon First Nation's Traditional Territory which overlaps the Traditional Territory of the Kwanlin Dun First Nation.

"Overlapping Yukon First Nation" means a Yukon First Nation which has an Overlapping Area.

"Overlapping Yukon First Nation Final Agreement" means the Yukon First Nation Final Agreement for an Overlapping Yukon First Nation.

2.0 Agreements

2.1
The Kwanlin Dun First Nation shall endeavour to reach agreement with each Overlapping Yukon First Nation on a resolution of any overlapping claim, right, title and interest in an Overlapping Area by a Contiguous Boundary, an Administrative Boundary or an Alternative Arrangement.

2.2
The location of a Contiguous Boundary referred to in 2.1 is subject to approval by the other parties to this Agreement.

2.3
At any time at least six months prior to the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1, the Kwanlin Dun First Nation may agree with an Overlapping Yukon First Nation to establish a panel of elders to consider and make recommendations to those Yukon First Nations on a Contiguous Boundary.

2.4
A panel of elders referred to in 2.3 shall make its recommendations in writing no later than the earliest date when a dispute may be referred to the dispute resolution process pursuant to 3.1. The costs of the panel shall be paid by the Yukon First Nations appointing the panel.

2.5
A recommendation of a panel on the location of a Contiguous Boundary which is accepted by the Kwanlin Dun First Nation and the Overlapping Yukon First Nation is subject to approval by the other parties to this Agreement.

2.6
Where Canada or the Yukon does not approve the recommendation of a panel under 2.5, it shall give its reasons in writing.

3.0 Dispute Resolution

3.1
Subject to 3.5, 3.6 , 3.7 and 8.0, in the absence of an approved agreement on the location of a Contiguous Boundary referred to in 2.2 or 2.5, any party to this Agreement or to an Overlapping Yukon First Nation Final Agreement may, at any time after one year from the Effective Date of this Agreement or the Overlapping Yukon First Nation Final Agreement, whichever occurs later, refer the matter of the location of a Contiguous Boundary to the dispute resolution process under 26.3.0 provided:

3.1.1.
that Overlapping Yukon First Nation Final Agreement contains specific provisions substantially the same as this schedule; or

3.1.2
the Kwanlin Dun First Nation and the Overlapping Yukon First Nation agree to refer the matter to the dispute resolution process under 26.3.0.

3.2
A person appointed under 26.7.0 to resolve a dispute under 3.1 shall, in addition to the other powers provided in Chapter 26 - Dispute Resolution, have the power:

3.2.1
to determine a Contiguous Boundary, in the Overlapping Area, between the Traditional Territories of the Overlapping Yukon First Nation and the Kwanlin Dun First Nation, and

3.2.2
where a recommendation of a panel under 2.4 has been accepted by the affected Yukon First Nations but not accepted by Government, to direct that the costs of the panel under 2.4 be paid by one or more of the parties to the dispute.

3.3
The parties to this Agreement may amend a Contiguous Boundary with the consent of the adjacent Yukon First Nation.

3.4
A map or other description of the location of a Contiguous Boundary agreed to by the parties to this Agreement or determined by a person appointed pursuant to 3.1 shall be included in Appendix B - Maps which forms a separate volume to this Agreement without any further action by the parties to this Agreement.

3.5
Government shall Consult with the Kwanlin Dun First Nation before referring the matter of the location of a Contiguous Boundary to dispute resolution under this Agreement or an Overlapping Yukon First Nation Final Agreement.

3.6
At the request of the Kwanlin Dun First Nation, Government shall postpone making a referral of the matter of the location of a Contiguous Boundary to dispute resolution under this Agreement or an Overlapping Yukon First Nation Final Agreement for a period ending no later than the fifth anniversary of the Effective Date of this Agreement. Nothing in 3.6 shall be construed to affect any right of an Overlapping Yukon First Nation to refer the matter of the location of a Contiguous Boundary to dispute resolution.

3.7
A Contiguous Boundary shall not apply to any provision of this Agreement or an Overlapping Yukon First Nation Final Agreement in respect of which there is an Administrative Boundary in effect.

4.0 Application of this Agreement in an Overlapping Area

4.1
Subject to 8.0 and 9.0, the following provisions shall not apply in that part of the Traditional Territory of the Kwanlin Dun First Nation which, from time to time, is included in an Overlapping Area:

4.2
Subject to 8.0 and 9.0, the provisions of 7.0, Part I, Schedule A, Chapter 22 - Economic Development Measures shall not apply in that part of the Traditional Territory of the Kwanlin Dun First Nation which, from time to time, overlaps with the Traditional Territory of either the Carcross/Tagish First Nation or the Ta’an Kwach’an Council.

4.3
Subject to 8.0 and 9.0, the provisions of 13.0, Part I, Schedule A, Chapter 22 - Economic Development Measures shall not apply in that part of the Traditional Territory of the Kwanlin Dun First Nation which, from time to time, overlaps with the Traditional Territory of the Carcross/Tagish First Nation.

4.4
Subject to 8.0 and 9.0, the provisions of 13.0, Part I, Schedule A, Chapter 22 - Economic Development Measures, shall not apply in respect of those portions of the Livingstone Trail Realignment, as defined in and subject to the Livingstone Trail Realignment provisions of 8.0 and 9.0, Part I, Schedule A, Chapter 22 - Economic Development Measures of the Ta'an Kwach'an Council Final Agreement, located in the Traditional Territory of the Kwanlin Dun First Nation which from time to time overlaps with the Traditional Territory of the Ta'an Kwach'an Council.

5.0 Other Yukon First Nation Final Agreements

5.1
Where there is an inconsistency or conflict between a provision of this Agreement which applies in an Overlapping Area and a provision of an Overlapping Yukon First Nation Final Agreement which applies in the Overlapping Area, the provision of this Agreement which is inconsistent or in conflict shall not apply, to the extent of the inconsistency or conflict.

5.2
Government shall endeavour:

5.2.1
to ensure that provisions substantially the same as this schedule are included in the Yukon First Nation Final Agreement of an Overlapping Yukon First Nation; and

5.2.2
to conclude the Yukon First Nation Final Agreement of each Overlapping Yukon First Nation within 10 years of the Effective Date of this Agreement.

5.3
Government shall not agree in an Overlapping Yukon First Nation Final Agreement to provisions which resolve conflicts or inconsistencies between that Yukon First Nation Final Agreement and this Agreement in any manner other than as set out in this schedule, without the consent of the Kwanlin Dun First Nation.

6.0 Traplines

6.1
A trapline which is situated more than 50 percent in an Overlapping Area and which might otherwise be designated as a Category 1 Trapline in accordance with 16.11.0 shall not be so designated until:

6.1.1
more than 50 percent of that trapline is situated in the Traditional Territory of the Kwanlin Dun First Nation; or

6.1.2
the Kwanlin Dun First Nation and the Overlapping Yukon First Nation agree.

7.0 Consultation in the Overlapping Area

7.1
Government shall Consult with the Kwanlin Dun First Nation respecting any matter in an Overlapping Area which may affect the rights of Kwanlin Dun or the Kwanlin Dun First Nation set out in this Agreement but which, pursuant to 4.0, do not apply in an Overlapping Area.

8.0 Administrative Boundary

8.1
The parties to this Agreement and an Overlapping Yukon First Nation Final Agreement may agree to establish an Administrative Boundary for the purpose of applying any provision of this Agreement which does not apply pursuant to 4.0 this schedule.

8.2
The Kwanlin Dun First Nation and an Overlapping Yukon First Nation may jointly refer the matter of the determination of the location of an Administrative Boundary to the dispute resolution process under 26.3.0.

8.3
In addition to the other powers provided in Chapter 26 - Dispute Resolution of this Agreement, a person appointed under 26.7.0 to resolve a dispute under 8.2 shall have the power to determine an Administrative Boundary.

8.4
The parties to this Agreement and an Overlapping Yukon First Nation Final Agreement may agree to amend an Administrative Boundary.

8.5
A map or other description of the location of an Administrative Boundary agreed to by the parties to this Agreement or determined by a person appointed pursuant to 8.2 shall be included in Appendix B - Maps which forms a separate volume to this Agreement without any further action by the parties to this Agreement and the provisions of this Agreement for which the Administrative Boundary was determined shall apply.

8.6
For greater certainty, an Administrative Boundary which is determined pursuant to 8.0 of this Agreement does not have the effect of applying provisions which do not apply pursuant to 4.0 of the Overlap Resolution Schedule of an Overlapping Yukon First Nation Final Agreement.

9.0 Alternative Arrangements

9.1
Nothing in this schedule shall limit the ability of the parties to this Agreement and an Overlapping Yukon First Nation from agreeing to arrangements other than as set forth in 2.0 or 8.0 for resolving any overlapping claim, right, title and interest in an Overlapping Area, which arrangements shall be in writing and may:

9.2.1
provide for this schedule and the overlap schedule in the Overlapping First Nation Final Agreement to be amended;

9.2.2
include a process for resolution of disputes that may arise under the arrangement;

9.2.3
include a process for amendment of the arrangement by written agreement;

9.2.4
provide for a suspension of any obligation any of the parties to it may have to endeavour to reach agreement on a Contiguous Boundary and for a limitation on any right any of the parties may have to refer the matter of the location of a Contiguous Boundary to the dispute resolution process.