Appendix A: Model Terms and Conditions for Licences

TABLE OF CONTENTS

1.0 Model Terms and Conditions for Licences
1.1 Type A Licence
1.2 Type B Licence
1.3 Type C Licence
2.0 Nái̖li̖cho Allocation Framework
2.1 Nái̖li̖cho Allocation
2.2 Care & Maintenance of Allocation
2.3 Monitoring and Compliance
2.4 Special Interest Groups

A licence that is issued pursuant to the National Parks of Canada Businesses Regulations is non-transferrable and valid only for the year in which it is issued. Pursuant to section 5 of the National Parks of Canada Businesses Regulations, three distinct model terms and conditions have been developed for recommendation to a Superintendent for licences in Nahanni and Nááts’įhch’oh: Type A, Type B, and Type C Licences. The Superintendent may determine the terms and conditions for licences in accordance with legislation, and may consider policy.

To honour commitments made to Indigenous cooperative management partners, two licences are reserved: one for a qualified Dehcho business (commitment from the Nahanni National Park Reserve 2010 Management Plan) in Nahanni and one for a qualified Sahtu business pursuant to the Nááts’įhch’oh Impact and Benefit Plan in Nááts’įhch’oh. Type A licences are not active at this time.

If a Type A licence is activated that does not prevent other Dehcho and/or Sahtu businesses from pursuing future licences as they become available.

Type B licences are specific to Nahanni National Park Reserve. To ensure the objectives outlined in section 3.0 Defining Appropriate Levels of Visitor Use are met, Nahanni will not issue more than four Type B licences. Existing commercial allocation will be serviced by three licensees during the first allocation review period. Section 2.2 Care and Maintenance of Allocation, indicates that allocation is analyzed and reviewed on a 5 year cycle. A fourth licence may be put into place if allocation trends show opportunity for a new operator.

Upon initial adoption and implementation of the Guidelines, Nahanni National Park Reserve may pursue a notification. Should a new Type B licence be issued, a new licensee would have full consideration in the Náįlįcho Allocation Framework explained in section 2.0 below.

A Type C licence is specific to Nááts’įhch’oh National Park Reserve. Type C licensees may be granted access to Gahnįhthah Mie in Nahanni National Park Reserve as a final destination to facilitate aircraft egress. Access through Gahnįhthah Mie is managed by the Superintendent of Nahanni in consultation with the Superintendent of Nááts’įhch’oh and the Indigenous cooperative management groups in both parks. Travel on the South Nahanni River downstream of Gahnįhthah Mie and access to Nái̖li̖cho under a Type C Licence is prohibited. The number of Type C licences may be determined by the Superintendent of Nááts’įhch’oh in consultation with the Nááts’įhch’oh Management Committee. A Type B licence holder may also hold a Type C licence.

Nái̖li̖cho is a key feature of Nahanni and an iconic visitor experience. Infrastructure at Nái̖li̖cho has been developed to facilitate safe and enjoyable experiences for river paddlers and/or day flight seeing tours. Docks, a cabin, washrooms, caches, trails, campgrounds and a portage have been constructed over 30 plus years. Limitations for visitation exist as a result of ecological sensitivities and infrastructure, the area is carefully managed by Nahanni National Park Reserve to maintain wilderness quality and safety. The Superintendent of Nahanni manages Nái̖li̖cho allocation in cooperation with the Nahʔą Dehé Consensus Team. Allocation for commercial and non-commercial use at Nái̖li̖cho is based on calendar days assigned by the Superintendent. The following parameters for Nái̖li̖cho allocation have been developed for the proper care and management of the park:

• Náįlįcho allocation is restricted to a Dehcho Business and type B licences. Type C licences do not have access to Náįlįcho allocation.
• The Nahanni Superintendent manages all Nái̖li̖cho allocation and in his or her discretion will spilt allocation to commercial and non-commercial users.
• Maximum size for commercial groups is 15 people.¹
• A maximum of one (1) commercial group can arrive at Nái̖li̖cho per day.²
• All groups will have a maximum of two (2) nights at Nái̖li̖cho.³
• Nái̖li̖cho allocation is divided into four (4) periods: June period (15 days), July period (31 days); early August period (15 days) and late August period (16 days).
• Nái̖li̖cho allocation pre-June 14 and post August 31 is managed by the Superintendent. Licensees can apply for arrival dates at Nái̖li̖cho on a first-come-first served basis pre-June 14 and post August 31.
• The Type B licensees are encouraged to collaborate and develop a proposed schedule of commercial Nái̖li̖cho allocation. A proposed commercial Nái̖li̖cho allocation schedule must be submitted to the Superintendent for approval on or before January 31. Individual licensees should not unreasonably disrupt a collaborative scheduling process. Failure to reach full consensus on scheduling may result in allocation being made at the Superintendent’s discretion.
• Licensees shall not exceed their approved allocation and must adhere to the approved schedule.
• Sanctions for non-compliance by a licensee of an approved allocation schedule may be made by the Superintendent, who may withdraw one calendar day from the offender and award that day to the licensee impacted by non-compliance .⁴
• For the June period, Nái̖li̖cho allocation is equalized amongst all Type B licensees.
• For the July and early August period, Nái̖li̖cho allocation⁵ is made as follows: Black Feather allocation is 35%; Nahanni Wilderness Adventures is 50%; and the Vacant Licence is 15%.
• For the late August period, Nái̖li̖cho allocation is equalized to all Type B licensees.

Takes effect in 2020. If the new Type B Licence is issued for the 2019 season Parks Canada may consider non-commercial allocation for the new operator to run trips for training and development purposes.

Due to the calendar days available, 99% overall allocation ensures that overcommitting commercial arrival days does not occur.
June Period (June 16-30)
Black Feather: 33% of 15 days = 5 arrival days
Nahanni Wilderness Adventures: 33% of 15 days = 5 arrival days
VACANT LICENCE: 33% of 15 days = 5 arrival days

July period (July 01-31)
Black Feather: 35% of 31 days = 11 arrival days
Nahanni Wilderness Adventures: 50% of 31 days = 16 arrival days
VACANT LICENCE: 14% of 31 days = 4 arrival days

Early August period (August 01- 15)
Black Feather: 35% of 15 days = 5 arrival days
Nahanni Wilderness Adventures: 50% of 15 days = 8 arrival days
VACANT LICENCE 14% of 15 days = 2 arrival days

Late August Period (August 16-30)
Black Feather: 33% of 15 days = 5 arrival days
Nahanni Wilderness Adventures: 33% of 15 days = 5 arrival days
VACANT LICENCE: 33% of 15 days = 5 arrival days

The following parameters are in place to reduce the potential that allocation is perceived as a commodity:

• Licences and allocation are not commodities owned by licensees, allocation and licences are managed by the Superintendent in accordance with legislation, taking into consideration policy and these guidelines.
• Allocation will be reviewed and may be redistributed when a licence has been cancelled, suspended, or revoked, a licensee sells their business ending their licence, or when a Dehcho business activates a Type A licence, or following the 5 year allocation review cycle.
• A “use-it-or-lose-it” accountability framework is in effect. Failure to operate in Nahanni for a period of one year may be considered licensee in poor standing. In this case a replacement licence package may be withheld and a notification may follow. A decision to pursue a notification should be reasonable and take into account all pertinent factors for the failure to operate.
• Trips must be commercial in nature, i.e. at least one paying client on the trip. Staff only or family only trips do not qualify.
• Allocation review will occur every 5 years.⁷
• By October 31 of each year licensees must report to the Nahanni Superintendent, all unused allocation dates.⁸
• The Nahanni Superintendent may review allocation independently in each of the four (4) periods: June, July, early and late August.
• Licensees must use 50% of their allocation dates in their best 3 years to retain their allocation in each period.
• The Nahanni Superintendent may rescind 50% of allocation when a licensee does not use at least 50% of their allocation in their best 3 years in each period i.e. June, July, early & late August.
• The Nahanni Superintendent may consider the following in managing rescinded Nái̖li̖cho allocation (in no order of importance): economic conditions, overall regional/local visitation trends, local operational conditions, performance of all licensees including river based activities within the South Nahanni Watershed that do not result in an arrival at Nái̖li̖cho.
• The Nahanni Superintendent has full discretion for redistribution of rescinded allocation which may include, but is not limited to, the following actions: Nái̖li̖cho days can be returned to the impacted licensee, and/or go to another licensee who has demonstrated strong performance trends, and/or result in a notification.
• A notification can occur at the discretion of the Nahanni Superintendent with the advice of the Nahʔą Dehé Consensus Team.

Tolerance for any operator exceeding maximum daily arrivals at Nái̖li̖cho is extremely low. The Superintendent manages daily arrivals at Nái̖li̖cho so overnight capacity of 54 people is not exceeded. All groups will have a maximum of 2 nights at Nái̖li̖cho. Therefore, a maximum of 15 people from guided groups and 12 people from non-guided groups can arrive daily.

Groups that do not fit the typical criteria for guided or non-guided groups (e.g., custodial groups or VIPs), may request special access to Nái̖li̖cho. In managing special interest groups, the Superintendent may use non-guided Nái̖li̖cho allocation generally outside periods of peak visitation in July. In these cases the Superintendent may consult with all potentially affected licensees.

1.0 Introduction

2.0 Scope

3.0 Defining Appropriate Levels of Visitor Use

4.0 Licensing Process for New Applications

Appendix A: Model Terms and Conditions for Licences

Appendix B: Licensing Process for New Applications & Guidelines for Preparing an Application