BENCHMARK EVALUATION. Land Claims and Implementation Secretariat

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1 Identification Section BNCHMARK VALUATION Position Title: Supervisor s Title: Department: Branch/Unit: Senior Negotiator Associate Chief Negotiator xecutive Council Office Land Claims and Implementation Secretariat General Summary This position leads or participates in interdepartmental teams involved in a variety of negotiations associated with the conclusion of the remaining Yukon First Nation final and self-government agreements, the conclusion of transboundary land claim agreements and with negotiations that arise from and are required by provisions found in the concluded final and self-government agreements and the final transboundary agreements. The position may be called in to lead or participate in negotiations in respect of issues or disputes related to all aspects of the above noted negotiations or arising from government to government arrangements. Organizational Structure Deputy Minister xecutive Assistant Cabinet Support Coordinator Director, Intergovernmental Relations Director, Development Assessment Director, Government Audit Services Assistant Deputy Minister, Corporate Services Assistant Deputy Minister, Governance Liaison Assistant Deputy Minister / Chief Negotiator, Land Claims Implementation Secretariat xecutive Assistant Director, Land Claims and Self-Government Implementation Director, Policy and Administration Director, First Nation Relations Associate Chief Negotiator Senior Negotiator (2) Benchmark

2 Principal Responsibilities 1. As the Yukon government representative leads or participates in the negotiation of all tripartite negotiations related to finalizing remaining final and self-government agreements, transboundary agreements and issues arising from disputes associated with the interpretation or implementation of these arrangements. 2. Leads or supports other negotiations directly or indirectly related to concluded agreements, accords or other negotiated arrangements including local service agreements, infrastructure project agreements, project benefits agreements, Yukon asset construction agreements, taxation agreements, the division and sharing of responsibility in respect of education or other administrative arrangements, access provisions, fish and wildlife disputes such as harvest allocation or outfitter compensation issues, transportation corridors, and other matters. 3. Leads interdepartmental teams in the negotiation of alternative measures agreements with individual First Nations which includes developing negotiating mandates and new and sometimes precedent setting options, concepts and alternative measures to solve unusual problems or address concerns associated with the negotiations. 4. Conceptualizes, develops and formulates specific Yukon government positions, policies and strategies regarding a variety of subjects for negotiation for recommendation to departments and to the Associate Chief Negotiator, Assistant Deputy Minister (ADM), Deputy Minister (DM) and Cabinet. This work is expected to be broad ranging and deal with complex issues, requiring significant creative and innovative thinking. Work is done in conjunction with other areas of the branch and with legal counsel for the development of new policies and positions required to address and resolve issues in negotiations or to overcome obstacles related to the implementation or interpretation of these arrangements. 5. Liaises with and assists senior officials of other departments to research, develop or review proposed transfer and/or alternative arrangement agreements with Yukon First Nations, cost saving agreements with Canada and, where necessary, changes to legislation. 6. Liaises with individual First Nations and Tribal Councils to determine their desire and time frames for the transfer of programs and/or development and implementation of alternative arrangements / agreements and for other negotiations that are required. Where appropriate, works in conjunction with federal senior negotiators.

3 7. Leads and coordinates the day to day activities of program departments and central agencies on all matters relating to Program Service Transfer Agreements (PSTA s) and/or land and resource negotiations, including analyzing strategic implications for negotiations of programs and of policies or positions provided by department program managers, and developing appropriate strategies for addressing identified implications. 8. Prepares briefing material and correspondence for the Associate Chief Negotiator, ADM, DM, and Premier and/or Ministers on program transfer and alternative measures matters and land and resource issues. This includes identifying policy changes that may be required as a result of negotiated PSTA s, alternative measures agreements and/or land and resource agreements, assisting in the preparation of documents requesting Cabinet approval and participating in briefings of ADM, DM, Premier, Ministers and/or Cabinet. 9. Conducts and/or participates in a wide variety of projects related to First Nation relations, and the implementation of Yukon First Nation final and self-government agreements which may include negotiations, planning, evaluation and/or research regarding standards, timeframes, training and capacity development, policy, procedures, organizational structures and other related requirements. Working Conditions The majority of the work takes place in a normal office environment. Travel to the communities is required, approximately 15 times per year at 1 to 3 days per trip.

4 Group Allocation Rationale Senior Negotiator Provides analysis and advice in the negotiation of various land claim agreements and the resolution of issues. valuation Knowledge Mental Accountability Job Working Total and Skills Demands Shape Conditions Points 1Y Med (212) 4k (92) 1S High (106) +1 L1B Low (6) 416 valuation Rationale Knowledge and Skills: requires knowledge of the Yukon land claims negotiation process, final and self-government agreements, government goals, objectives and priorities, the legislative and policy framework and the interests of individual First Nations and communities; research, negotiation and communication skills 1 no managerial requirements Y Med negotiates the transfer of program and services to individual First Nations, and leads or participates in the negotiation of the land and resource components of agreements and in the implementation of the provisions of concluded agreements requires thorough knowledge of a range of issues Mental Demands: exercises independent judgement within approved negotiating mandates, the provisions of concluded agreements, the legislation and policies of departments and broad objectives, priorities and strategies developed by the supervisor 4 evaluative thinking is required to interpret the mandate of Cabinet and propose / agree to trade-offs at the negotiating table, develop options / solutions to address varied and conflicting interests, resolve issues / disputes associated with the interpretation or implementation of agreements and contribute to the development of policy positions and mandates

5 k (low) works within a strategic framework established by the supervisor who provides guidance and assistance in dealing with difficult problems; identifies and/or resolves issues in conjunction or cooperation with others, e.g. branch / department staff, legal counsel, individual First Nations, federal negotiators, industry representatives, municipal staff Accountability: leads the negotiation of assigned agreements within branch goals, objectives and overall strategies, makes commitments on behalf of the government at negotiating tables, ensures that options and solutions address government and public interests, develops strategies for exploring alternative arrangements 1 indeterminate direct dollar impact S activities support the conclusion of outstanding land claim agreements and the transfer of Yukon government programs and service responsibilities to individual First Nations High reflects the significant freedom the position has to manage the various negotiations, and the far reaching impacts of the agreements negotiated Working Conditions: L physical effort is minimal 1 the majority of work takes place in a normal office environment B some travel to Yukon communities is required Low adverse working conditions are low overall