PC Number: 2003-0126

Date: 2003-02-06

                      Whereas the Sahtu Dene and Metis Comprehensive Land Claim Agreement (hereinafter referred to as “the Sahtu Agreement”) was approved, given effect and declared valid pursuant to section 4 of the Sahtu Dene and Metis Land Claim Settlement Act, S.C. 1994, c. 27;

                      Whereas section 3.1.26 of the Sahtu Agreement provides that the Agreement may be amended with the consent of government, as represented by the Governor in Council, and the Sahtu Dene and Metis, as represented by the Sahtu Secretariat Incorporated;

                      Whereas the Gwich’in Comprehensive Land Claim Agreement (hereinafter referred to as “the Gwich’in Agreement”) was approved, given effect and declared valid pursuant to section 4 of the Gwich’in Land Claim Settlement Act, S.C. 1992, c. 53;

                      Whereas section 3.1.27 of the Gwich’in Agreement provides that the Agreement may be amended with the consent of government, as represented by the Governor in Council, and the Gwich’in, as represented by the Gwich’in Tribal Council;

                      Whereas an amended definition of “royalty” was approved by the Sahtu Secretariat Incorporated and the Gwich’in Tribal Council in accordance with the procedure set out in their respective Agreements, which definitions were made retroactive to September 6, 1993 for the Sahtu Agreement and April 22, 1992 for the Gwich’in Agreement;

                      Whereas the amended definition of “royalty” for the Sahtu Agreement and the Gwich’in Agreement was subsequently approved by Order in Council P.C. 2002-1071 of June 13, 2002;

                      Whereas the Gwich’in Tribal Council has objected to the text of the definition in the Order in Council as being incorrect or misleading with respect to the Gwich’in Agreement;

                      And whereas in consequence thereof and for greater clarity, it is proposed to amend Order in Council P.C. 2002-1071 of June 13, 2002, by replacing the definition of “royalty” set out in Schedule A to that Order in Council with the definition of “royalty” separately set out in Schedules A and B hereto that shall apply respectively to the Sahtu Agreement and the Gwich’in Agreement;

                      Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, and pursuant to section 3.1.26 of the Sahtu Dene and Metis Comprehensive Land Claim Agreement and section 3.1.27 of the Gwich’in Comprehensive Land Claim Agreement, hereby replaces Schedule A to Order in Council P.C. 2002-1071 of June 13, 2002, with the annexed Schedules A and B.