Agreement Approval and Transitional Provisions

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SECTION 19: AGREEMENT APPROVAL PROCESS

19.(1) The purpose of this section is to set out the process to be followed by Canada and COPE in seeking approval of this Agreement. The parties agree that the principles guiding this process are:

(a) that best efforts are to be made to ensure that all Inuvialuit eligible to vote on the approval of this Agreement are informed of that right;

(b) that best efforts are to be made to explain the substance and effect of this Agreement to all Inuvialuit eligible to vote; and As amended January 15, 1987

19.(2) When agreement has been achieved between the negotiators of Canada and COPE on all substantive matters relating to this Agreement, the negotiators shall submit the document evidencing the agreement to their respective principals for approval.

19.(3) On behalf of Canada, the Minister shall seek appropriate authority to sign this Agreement in its final legal form.

19.(4) On the signing of this Agreement by Canada and COPE, the Minister shall forthwith submit legislation to Parliament to give effect to this Agreement.

19.(5) When approval has been given by the Government to sign this Agreement, COPE, shall seek the necessary approvals from the Inuvialuit according to the approval process set out in this section.

19.(6) The preparation of the final legal text for this Agreement shall proceed concurrently with the approval process described in subsections (2) to (5).

19.(7) The Inuvialuit approval process shall adhere to the following principles:

(a) all Inuvialuit who are entitled to approve this Agreement shall have

(i) reasonable opportunity to be informed of the contents of this Agreement, including the opportunity to read the text of this Agreement,

(ii) reasonable opportunity to be informed of the approval process,

(iii) reasonable opportunity to discuss the contents of this Agreement;

(iv) reasonable opportunity to vote,

(v) reasonable assurance of due process, and

(vi) reasonable assurance that an individual’s vote remains confidential;

(b) the procedures to be followed shall be designed to ensure due process and to protect against any procedural irregularities that might affect the process or give rise to legitimate grievances; and

(c) documentation of all events, decisions and related matters in respect of the Inuvialuit approval process is to be maintained and, if requested, made available for review by Canada.

19.(8) An Approval Authority comprising two representatives of COPE and two representatives of the Government shall be responsible for deciding on and controlling matters relating to the Inuvialuit approval process, including maintaining documentary evidence and establishing the Official Voters List of individuals eligible to participate in approving this Agreement.

19.(9) Only individuals whose names appear on the Official Voters List shall be eligible to vote. Eligible individuals are those who

(a) are living at the time of voting;

(b) are Canadian citizens;

(d) are of Inuvialuit ancestry by blood or adoption.

19.(10) Individuals not eligible to vote under subsection (9) are eligible to vote if they are considered, by reason of Inuvialuit custom, tradition or community acceptance, to be Inuvialuit.

19.(11) The Approval Authority shall take all reasonable steps to solicit the names of all potential Inuvialuit voters and shall prepare a preliminary voters list comprising all individuals who, in the opinion of the Approval Authority, are eligible to vote. The names shall be submitted to Canada for its approval.

19.(12) After the preliminary voters list is approved by Canada, it shall be made available for public review:

(a) by posting it in public places, including within the Inuvialuit communities of Inuvik, Aklavik, Paulatuk, Sachs Harbour, Tuktoyaktuk and Holman;

(b) by direct notification in writing to the individuals on the list;

(d) by any other means that Canada considers appropriate and necessary.

19.(13) The Approval Authority shall allow a period of thirty (30) days from the publication of the preliminary voters list under paragraph (12)(a): As amended January 15, 1987

(a) for individuals not on the preliminary voters list to apply to be placed on the list; and

(b) for individuals to register objections to names appearing on the preliminary voters list.

19.(14) Appeals may be made orally or in writing and shall be heard by the Approval Authority in the manner considered appropriate to the circumstances of the particular appeal.

19.(15) After consideration of the appeal, the Approval Authority shall recommend to Canada acceptance or rejection of the appeal and Canada shall decide the matter.

19.(16) The Approval Authority shall publish the final Official Voters List within ten (10) days after the review of all appeals is completed. As amended January 15, 1987

19.(17) An Inuvialuit on the Official Voters List shall be afforded a reasonable opportunity to review the substance and details of this Agreement by the following means:

(a) the provision of a copy of this Agreement, on request;

(b) the distribution of information material prepared jointly by Canada and COPE, including non-technical summaries of the Agreement in English, French and Inuvialuktun;

(d) such other means as Canada and COPE consider appropriate.

19.(18) The Voting Process shall afford all eligible voters a reasonable opportunity to vote on whether to approve the signing of this Agreement.

19.(19) There shall be a confidential approval process as follows:

(a) the Approval Authority shall prepare an official ballot written in English, French and two dialects of Inuvialuktun; such ballots shall be numbered but shall be untraceable to an individual;

(b) counting of the ballots shall be done in a manner consistent with federal electoral procedures, where appropriate;

(i) by mail, if the ballot is signed in the presence of a Commissioner of Oaths,

(ii) to an official in each community duly authorized by the Approval Authority to receive ballots, or

(iii) to the voting officials, being one from COPE, one from Canada and one from the Government of the Northwest Territories, who shall together visit each of the communities on specified dates to receive ballots;

(d) notice of the commencement of voting shall be given at least fifteen (15) days in advance by posting in a public place in each of the communities of Inuvik, Aklavik, Paulatuk, Sachs Harbour, Tuktoyaktuk and Holman. Notification shall be given to eligible voters by registered mail or such other means as Canada considers appropriate and necessary; and As amended January 15, 1987

(e) a closing date for voting shall be determined by the Approval Authority, to be not later than seven (7) days after completion of the tour of the communities by the voting officials. The closing date shall be included in the notice referred to in paragraph (d). As amended January 15, 1987

19.(20) Canada and COPE agree that this Agreement shall be considered to be approved by the Inuvialuit if:

(a) at least two-thirds of the voters approve this Agreement; and

(b) the number of such voters is greater than 50% of the eligible voters on the Official Voters List.

19.(21) The results of the voting shall be published by the Approval Authority in the communities identified in paragraph (19)(d) by such means as Canada considers appropriate and necessary.

19.(22) The Directors of COPE shall verify this Agreement, authorize signing by COPE where the results of the vote permit it and appoint signatories on behalf of COPE.

19.(23) The costs incurred by Canada, COPE, and the Government of the Northwest Territories in conducting the approval process set out in this section shall be borne by Canada.

SECTION 20: TRANSITIONAL CONSEQUENTIAL PROVISIONS

20.(1) This agreement is not intended to inhibit or advance the devolution or transfer of the jurisdiction or powers of Canada on or to the Government of the Yukon Territory or the Government of the Northwest Territories.

20.(2) Canada agrees that, where its jurisdiction or powers devolve on or are transferred to other governments, it shall ensure that such devolution or transfer does not prejudicially affect the carrying out of its obligations under this Agreement.

20.(3) It is acknowledged that the governments affected by this Agreement have agreed that, pending the coming into force of the Settlement Legislation, they shall not act in a manner inconsistent with this Agreement and, in particular, with sections 11, 12 and 14 hereof.

Analysis

Summary

Section 19 outlines the approval process for the Agreement. Both Canada and COPE (Committee for Original People's Entitlement) must achieve agreement on the substantive matters before seeking approval. Canada's Minister will seek authority to sign the Agreement and submit legislation to Parliament for implementation. COPE will seek approval from the Inuvialuit according to a fair and proper process. An Approval Authority will control and decide matters related to the Inuvialuit approval process. Eligible voters will be listed, and efforts will be made to inform and engage them in the approval process. An official voters list will be prepared and reviewed, and individuals will have the opportunity to raise objections or appeals. The substance of the Agreement will be explained through various means, such as providing copies, distributing information materials, and holding public meetings. A confidential voting process will ensue, with official ballots and secure methods for submission. The Agreement will be considered approved if two-thirds of voters approve, and their number exceeds 50% of eligible voters. The results of the voting will be published, and the Directors of COPE will verify the Agreement and authorize signing. The costs of the approval process will be borne by Canada, COPE, and the Government of the Northwest Territories.

Section 20 addresses transitional and consequential provisions. It clarifies that the Agreement does not inhibit or advance the transfer of Canada's jurisdiction or powers to the government of the Yukon Territory or the Northwest Territories. However, if such transfer occurs, Canada will ensure it does not negatively impact its obligations under the Agreement. The section also acknowledges that the governments involved have agreed not to act in a manner inconsistent with the Agreement until the Settlement Legislation comes into force, specifically regarding sections 11, 12, and 14.

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