Yukon Devolution Agreement

The audit team interviewed department staff and reviewed relevant documents related to the management processes of the three areas covered by the audit: Yukon decentralization, the Nunavut Land Recovery Agreement and the Land Rights Agreement. We also interviewed important interest groups. 8.27 Our audit focused on the management and responsibility of India and northern Canadian affairs with respect to devolution in the Yukon and the implementation of land agreements for The Nunavut Inuit and the Gwich in der NWT. Although we reviewed the implementation of land use contracts in 1998 and followed up in 2001, we looked at these issues for the first time from the northern perspective. (9) The Commissioner`s administration is governed by Bill C-39 and Section 37 of the Northern Pipeline Act. This status provides for the construction of a pipeline from Alaska and northern Canada as part of a Canada-U.S. pipeline. agreement. Section 37 authorizes the Governor of the Council to transfer to the federal minister of the pipeline all lands that are under the Commissioner`s control but are necessary for the pipeline. South of the 60th parallel, little has been done to meet the bill. During its progress by Parliament, five out of six YFNs, without any foven pretensions or self-managed agreements, raised a number of legal and constitutional issues related to the legislation and essentially concluded that decentralization should take place only once their agreements have been concluded. (12) In 1988, the Minister and the Head of Government of the Yukon signed a declaration of intent requiring the parties to smooth out progress in transferring other provincial responsibilities to the Yukon government.

The tasks that have been entrusted since then include fishing, mine safety, intra-territorial roads, hospitals and community health care, and more recently oil and gas. As a result, decentralization among the three Yukon territories is the most advanced. 8.3 The various claims management mechanisms are also not effective in resolving all disputes. Land Claims Arbitration Panels have not addressed any of the long-standing disputes, since the claims were settled more than 10 years ago. 8.58 In our September 1998 report, Chapter 14, India and Northern Affairs Canada: Comprehensive Land Claims, we found that the department had a Database of Fomentary Requirements (LCOS) for the management of land arrangements. The database tracks denprogress, status, critical project data and activities of all relevant federal departments under land agreements. We found in 1998 that the database was too broad to assess the status of certain obligations. In addition, the database tracks only activities and processes, not results and costs incurred. 8.14 In the Yukon, the federal and territorial governments and 8 of Yukon`s 14 First Nations have entered into fomented claims and self-management agreements.