/Tlicho-Agreement

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Tåîchô Agreement

9.1.14

The Supreme Court of the Northwest Territories shall assume any jurisdiction confirmed for the Federal Court in a lease listed in part 2 of the appendix to this chapter.

9.2

NEW OR EXPANDED TÅÎCHÔ COMMUNITIES

9.2.1

Subject to 9.2.2, the fee simple title to any Tåîchô land in a Tåîchô community that was established or whose boundary was expanded after the effective date shall be conveyed to the Tåîchô community government or to government for subsequent conveyance to the Tåîchô community government, in accordance with 18.1.9 or expropriated for that Tåîchô community in accordance with chapter 20. The title to these Tåîchô community lands is subject to any interests listed in part 2 of the appendix to chapter 18, to any interests granted by the Tåîchô Government since the effective date and to any renewals or replacements of such interests.

9.2.2

The mines and minerals, other than specified substances, and the right to work them, in the Tåîchô lands conveyed or expropriated under 9.2.1 shall be vested in government.

9.3

LIMITS ON ALIENATION OF TÅÎCHÔ COMMUNITY LANDS

9.3.1

It is important to maintain the integrity of Tåîchô community lands. Therefore, as a general principle, such lands shall not be expropriated, but if expropriation is necessary, the minimum interest required shall be taken.

9.3.2

Tåîchô community lands may be expropriated by an expropriating authority in accordance with legislation.

9.3.3

Before proceeding with the expropriation of Tåîchô community lands, an expropriating authority shall discuss with the Tåîchô community government the need for expropriation and shall attempt to negotiate with it an agreement for the transfer of the required interest, including its location, extent and nature.

9.3.4

Subject to 9.3.5 and 9.3.6, a Tåîchô community government may not convey the fee simple interest in Tåîchô community lands or grant an interest in the lands for a term exceeding 99 years, including any period of renewal, or that arises more than 99 years after the grant is made.

9.3.5

9.3.6 does not apply to conveyances or grants to an expropriating authority in place of expropriation.

9.3.6

Subject to 9.3.7, if authorized by the majority of those voting in a referendum conducted by a community government, that government may, (a) grant an interest less than fee simple in Tåîchô community lands for a term exceeding 99 years or that arises more than 99 years after the grant is made; or (b) after the 20th anniversary of the effective date, convey the fee simple interest in Tåîchô community lands.

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