Chapter 4 - Reserves and Land Set Aside
4.1.0 Reserves
4.1.1
Yukon First Nation Final Agreements shall set out whether a Reserve is to be:
4.1.1.1
subject to the Legislation giving effect to that Yukon First Nation’s selfgovernment
agreement, retained as a Reserve to which all the
provisions of the Indian Act, R.S.C. 1985, c. I-5, except as provided in
Chapter 2 - General Provisions and Chapter 20 - Taxation, shall
continue to apply; or *
* As amended. See note to 2.2.13.
Specific Provision
- the area shown as the Old Village on Map Sheet 105 D/11 - Old Village Area,
City of Whitehorse, in Appendix B - Maps, which forms a separate volume to
this Agreement, comprising:
- the land described in Reservation No. 105D14-0000-00048, being Lot
226 Remainder, Group 5, Plan 68098 CLSR, 65109 LTO;
- the land described in Reservation No. 105D14-0000-00057, being
Parcel A-1, Lot 226, Group 5, Plan 69769 CLSR, 75793 LTO;
- Block 312, City of Whitehorse, Plan 69768 CLSR, 75794 LTO,
is retained as a Reserve in accordance with 4.1.1.1 and specific provisions in
respect thereof are set out in the Kwanlin Dun First Nation Self-Government
Agreement;
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4.1.1.2
selected as Settlement Land and cease to be a Reserve.
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Specific Provision
- On or before the Effective Date of this Agreement, Canada shall
set apart as a Reserve the lands known as the McIntyre Lands
Set Aside comprising the land described in Reservation No.
105D11-0000-00041;
- The Reserve identified in (a) is selected as Settlement Land and
shall cease to be a Reserve in accordance with 4.1.1.2;
- The land selected as Settlement Land under (b) forms a portion of
the land described as Parcel C-41B in Appendix A - Settlement
Land Descriptions, attached to this Agreement.
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4.1.2
Settlement Legislation shall provide that the Indian Act, R.S.C. 1985, c. I-5
shall cease to apply to any Reserve identified pursuant to 4.1.1.2 as of the
Effective Date of the Yukon First Nation Final Agreement of the Yukon First
Nation for which the land had been set apart as a Reserve.
4.2.0 Land Set Aside
4.2.1
Government shall make best efforts to identify all Land Set Aside and to
disclose to the Yukon First Nations before ratification of the Umbrella Final
Agreement by the Yukon First Nations all information, maps and documents
that Government has in its possession respecting Land Set Aside.
4.2.2
Unless otherwise agreed in a Yukon First Nation Final Agreement, Yukon
First Nations shall select Land Set Aside containing improvements as
Settlement Land, and may select any other Land Set Aside as Settlement
Land.
4.2.3
The reservation or notation with respect to all Land Set Aside selected
pursuant to 4.2.2 shall be cancelled by the Department of Indian Affairs and
Northern Development.
4.2.4
Subject to 4.2.2, reservations or notations with respect to Land Set Aside
which is not selected by a Yukon First Nation shall be cancelled by the
Department of Indian Affairs and Northern Development whether or not the
Land Set Aside was identified under 4.2.1.
4.3.0 Selection of Additional Land
4.3.1
Before a final land selection is signed by the negotiators for a Yukon First
Nation Final Agreement, the parties thereto shall identify:
4.3.1.1
all Reserves which are to become Settlement Land;
4.3.1.2
all Reserves to be retained by any Yukon First Nation; and
4.3.1.3
all Land Set Aside to be selected as Settlement Land by any Yukon
First Nation, which shall be selected in accordance with 9.5.0.
4.3.2
Yukon First Nations may select as Settlement Land, in accordance with 4.3.3,
additional land so that the total of the land identified under 4.3.1 and of the
additional land equals 60 square miles (155.40 square kilometres).
4.3.3
The additional land under 4.3.2 shall be:
4.3.3.1
selected in accordance with 9.4.0 and 9.5.0; and
4.3.3.2
primarily allocated to the Yukon First Nations which do not retain
Reserves or obtain Settlement Land under 4.1.1 or 4.2.2.
4.3.4
The Umbrella Final Agreement as initialled by the negotiators March 31,
1990, contemplated that the Yukon First Nations and Government would
agree on the allocation of the land identified under 4.3.2 prior to ratification of
the Umbrella Final Agreement by the Yukon First Nations.
4.3.5
The Yukon First Nations and Government have agreed to the allocation of the
60 square miles (155.40 square kilometres) referred to in 4.3.2, and the
allocation of that amount among the Yukon First Nations is set out in
Schedule A - Allocation of Settlement Land Amount attached to Chapter 9 -
Settlement Land Amount.
4.3.6
Notwithstanding 4.3.2, a Yukon First Nation Final Agreement may identify
other Reserves which Government and the Yukon First Nation agree exist in
that Yukon First Nation's Traditional Territory.
4.3.7
A Reserve described in 4.3.6 shall be retained as a Reserve subject to
4.1.1.1, or selected as Settlement Land.
4.4.0 Release
4.4.1
In the event that after the Effective Date of a Yukon First Nation's Final
Agreement there is determined to be a Reserve set aside for that Yukon First
Nation other than a Reserve identified pursuant to 4.3.1 or 4.3.6, the Yukon
First Nation for which that Reserve was set aside agrees to surrender all its
interest absolutely and unconditionally to Her Majesty in Right of Canada.
4.4.2
Unless otherwise agreed in a Yukon First Nation Final Agreement, each
Yukon First Nation and all persons eligible to be Yukon Indian People it
represents, their heirs, descendants and successors, release Government as
of the Effective Date of that Yukon First Nation's Final Agreement, from any
and all suits, actions, causes of actions, claims, demands and charges,
whether known or unknown, which the Yukon First Nation and all persons
eligible to be Yukon Indian People it represents, their heirs, descendants and
successors ever had, now have or may hereafter have against Government
relating to or in any way arising out of:
4.4.2.1
any Reserve described in 4.4.1; and
4.4.2.2
any Land Set Aside not identified pursuant to 4.2.1.
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Specific Provision
4.5.0 Release of the Kwanlin Dun First Nation Interest in Certain Lands
4.5.1
Notwithstanding sections 37 to 41 of the Indian Act, R.S.C. 1985, c. I-5, the
Kwanlin Dun First Nation releases all its interest absolutely and
unconditionally to Her Majesty the Queen in Right of Canada in Road R-1,
Plan 69769 CLSR, 75793 LTO and that portion of Lot 1074, Quad 105 D/11,
Plan 73640 CLSR, 91-54 LTO which were surveyed out of Lot 226, Group 5,
as shown on a plan of survey by H.G. Dickson, DLS, dated September 7,
1918.
4.5.2
The Kwanlin Dun First Nation and all persons eligible to be Yukon Indian
People the Kwanlin Dun First Nation represents, their heirs, descendants and
successors, release Government as of the Effective Date of this Agreement,
from any and all suits, actions, causes of action, claims, demands and
charges, whether known or unknown, which the Kwanlin Dun First Nation and
all persons eligible to be Yukon Indian People the Kwanlin Dun First Nation
represents, their heirs, descendants and successors ever had, now have or
may hereafter have against Government relating to or in any way arising out
of Road R-1, Plan 69769 CLSR, 75793 LTO and that portion of Lot 1074,
Quad 105 D/11, Plan 73640 CLSR, 91-54 LTO which were surveyed out of
Lot 226, Group 5, as shown on a plan of survey by H.G. Dickson, DLS, dated
September 7, 1918.
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