#1WORKING WITH YUKON FIRST NATIONS IN 2020 MARCH 6 2020 PRESENTATION TO ENGINEERS YUKON BY CAMPBELLS NORTH CONSULTING WHITEHORSE#2Pending#3Pending#4Pending#56/10/2020 . 5 UMBRELLA FINAL AGREEMENT (UFA) HISTORY 1973 Together Today for our Children Tomorrow • Yukon FN Chiefs presented this document to PM of Canada Pierre Elliot Trudeau • 1984 First agreement was rejected by CYI (Council for Yukon Indians) • 1988 New Agreement-In-Principle was reached 1993 Umbrella Final Agreement signed (20 years after starting negotiations) The Umbrella Final Agreement provides a framework within which each of the 14 Yukon First Nations would conclude a final claim settlement agreement, all UFA provisions are a part of each First Nation Final Agreement (FNFA). The FN Final Agreements contain all of the text of the Umbrella Final Agreement with the addition of specific provisions which apply to that individual First Nation.#6UFA CHAPTERS 6 6/10/2020 The UFA is a 292 page document comprised of 28 chapters that deal with the following: Land tenure & access - reserves, land set aside, settlement lands, Land use planning Special Management Areas (SMA's) Development assessment (YESAB) Heritage & Water Management Natural resources including Fish & Wildlife, Forest & Non-Renewables Financial compensation & taxation Economic development Resource royalties#7Pending#8Pending#96/10/2020 9 CHAPTER 22 ECONOMIC OPPORTUNITIES & BENEFITS 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. 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.#1010 6/10/2020 CHAPTER 22 YUKON ASSET CONSTRUCTION AGREEMENT • Yukon Asset Construction Agreements are negotiated under Section 22 of some self-government agreements and are designed to provide opportunities for training, employment, new business or investment for the qualifying First Nation. A YACA opportunity is triggered when the Yukon government intends to construct an asset within the Traditional Territory of the qualifying First Nation. Through these negotiations, the First Nation negotiate sole-source contracts for portions of the projects, possibly have assets built on settlement land and negotiate other benefits as long as they relate to the project and help the First Nation build capacity and create employment.#116/10/2020 || CHAPTER 23 CROWN ROYALTY REVENUE SHARING 23.2.1.1 the Yukon shall, subject to 23.2.2, pay to YFNs, annually, an amount equal to, (a) 50 percent of the first two million dollars of any amount by which the Crown Royalty exceeds the Yukon First Nation Royalty, in respect of that year, and (b) 10 percent of any additional amount by which the Crown exceeds the Yukon First Nation Royalty in respect of that year. In general, the Yukon portion of royalties revenues collected on crown land are shared 50/50 with Yukon First Nations, Royalties collected from settlement A lands are given 100% to that First Nation (example Capstone mine royalties got to SFN Mineral royalties range from 3-12% of annual mine net profits#1212 TRADITIONAL TERRITORIES || Self Governing First Nations. • 3 Non Self Governing First Nations • Overlapping traditional territories Alnaka Traditional Territories of Yukon First Nations Reaufort Sea and Settlement Areas of Inuvialuit and Tetlit Gwich'in YUKON TERRITORY Inuvialu Sement Region Vurbut Gwitchin Tatt: Budublin Betardy Line Portico Trondók Hwächin Nach Talita Primary Un Selkirk Winke FIVOT Land Destraa y Kluane Little Salm "Carmacks Champari Kwani un DWHITEBES Gulf of Alaska Map ID BREMAR January 2008 Final that can pur oth Traditional Tory Alether in D 50 1 300 200 Klamat Sonia 1:5,600LKIDO Northwest Territorium Kaska Derik Tealin SARDZ ross Tabish British Colacakla Numerot Errad FLACH#13Pending#14Pending#15Pending#166/10/2020 16 COMMUNICATION – SAMPLE NNDEN INITIAL CONTACT 1. Request a meeting, in writing, with Chief and Council including a copy to the Lands and Resources Department. Included in the package there should be a briefing note with information about the company, the proposed project and the associated timelines. 2. Council will ask the Lands and Resources Department to review the information and make a recommendation to Council to either meet with the company or not to meet with the company. 3. Chief and Council will make a decision based on the Lands and Resources Department recommendation regarding a meeting with the company. 4. If the decision is made to meet with the company the Lands and Resources Department will be directed to develop questions for the meeting with the Company and to identify if any additional information is needed. They will also draft a letter of response for Chief and Council to send to the Company. 5. Chief and Council will send the letter to the Company with the associated request for information 6. Once all of the information has been received Chief and Council will identify a time and date for a meeting and the Company will liaise with the Executive Assistant to coordinate a meeting. Council will have a series of pre-selected dates in their schedule to meet on economic initiatives. Every effort will be made to schedule dates within this framework.#17Pending#18Pending#196/10/2020 19 AGREEMENT TYPES Typically there are at least two types of agreements involved between the proponent and the First Nation. These are: ● Exploration agreement to deal with pre-construction activities involved with exploration (often accessed by existing road/trail/ aerial access) and advanced exploration (greater environmental and socio-economic impact) Project agreement to deal with activities related to the construction, operation, closure, remediation. These agreements are commonly called IBA's (Impact Benefit Agreements) or CBA's (Comprehensive Benefit Agreements) or just PA's. The agreements can overlap, as often operating mines continue exploration activities that require their own agreement.#20Pending#21Pending#22Pending#236/10/2020 23 POST EXPLORATION AGREEMENT There is a need to set out the terms and conditions for negotiation of a project agreement if the project advances past the exploration stage. This is often done using a Memorandum of Understanding (MOU). It would typically include the following: interim measures for benefits while a project agreement is being negotiated; ⚫ sets the agenda, topics and schedule for the negotiation of a project agreement; and • identifies negotiation funding to support NND participation in the negotiation of a project agreement.#24Pending#256/10/2020 25 PROJECT AGREEMENT - SAMPLE CONTENT 2 Education and training. Provisions to provide ongoing opportunities for FN citizens to become qualified for employment opportunities during all phases of the project. Should address specific commitments to provide pre-employment training (such as life skills), on-the-job training, and apprenticeship opportunities to the FN citizens in order to achieve the employment objectives of the agreement. Support for the FN education system may include scholarships, bursaries and support for stay-in-school programs. Employment opportunities. Provisions to enable FN citizens to secure employment during all phases of the project, at all job levels, and to reduce barriers to FN employment on the project. Employment provisions must address requirements for employment, retention and advancement of FN employees. Employment opportunities must include first opportunity for qualified FN citizens. Business Opportunities. Provisions to maximize the benefit FN citizens and their businesses from business opportunities associated with all phases of the project. To include provisions for set-asides and first bidding opportunities Financial participation. Lump sum or periodic payments for agreement implementation costs, legacy funding for community wellness programs#26Pending#27Pending#28Pending#296/10/2020 29 WORKING WITH FIRST NATION BUSINESSES I Yukon First Nations typically have their own business arm. These are usually called the respective FN Development Corporation. There may also be FN owned or controlled companies Depending on the terms negotiated or agreed to with Chief and Council the proponent may be required to work with these entities throughout the duration of the project and involved them in : Community meetings Training & Employment opportunities Contracting opportunities such as equipment leasing, construction, care & maintenance contracts#30Pending#31Pending#32Pending#33Pending