Definitions

SECTION 2: DEFINITIONS 

2. In this Agreement, 

“Agreement” means the agreement between the Committee for Original Peoples’ Entitlement, representing the Inuvialuit of the Inuvialuit Settlement Region, and the Government of Canada dated June 5, 1984, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on June 19, 1984 and recorded as document number 322-7/20 and includes an Amending Agreement; As amended March 23, 1988 

“Amending Agreement” means 

(a) the Amending Agreement between the Inuvialuit Regional Corporation, representing the Inuvialuit, and the Government of Canada, approved by Order in Council P.C. 1985-1144, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on December 14, 1987 and recorded as document number 332-4/43, 

(b) the Amending Agreement between the Inuvialuit Regional Corporation, representing the Inuvialuit, and the Government of Canada, approved by Order in Council P.C. 1987-26, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on December 14, 1987 and recorded as document number 332-4/43A, 

(c) the Amending Agreement between the Inuvialuit Regional Corporation, representing the Inuvialuit, and the Government of Canada dated May 11, 1987, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on December 14, 1987 and recorded as document number 332-4/43B, and 

(d) any other Amending Agreement made pursuant to subsection 3(13) of the Agreement; As amended March 23, 1988 

“Arbitration Board” means the body established by subsection 18(2); 

“bank” means, when used to describe a boundary, the ordinary or mean low water mark; 

“Canada” means the Government of Canada; 

“conservation” means the management of the wildlife populations and habitat to ensure the maintenance of the quality, including the long term optimum productivity, of these resources and to ensure the efficient utilization of the available harvest; 

“COPE” means the Committee for Original Peoples’ Entitlement, a society incorporated under the Societies Ordinance of the Northwest Territories; 

“developer” means a person, the government or any other legal entity owning, operating or causing to be operated any development in whole or in part in the Inuvialuit Settlement Region, and includes any co-contractant of such owner or operator. For greater certainty, “developer” includes any Inuvialuit developer; 

“development” means: 

(a) any commercial or industrial undertaking or venture, including support and transportation facilities related to the extraction of non-renewable resources from the Beaufort Sea, other than commercial wildlife harvesting; or 

(b) any government project, undertaking or construction whether federal, territorial, provincial, municipal, local or by any Crown agency or corporation, except government projects within the limits of Inuvialuit communities not directly affecting wildlife resources outside those limits and except government wildlife enhancement projects; 

“exclusive right to harvest” means the sole right to harvest the wildlife referred to in paragraphs 12(24)(b) and (c) and 14(6)(b) to (d), to be allocated the total allowable harvest and to permit non-Inuvialuit to harvest any such wildlife; 

“fish” includes shellfish, crustaceans and marine animals and the eggs, spawn, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; 

“furbearers” means all species of game that are or may be harvested by trapping and, for greater certainty but without limiting the generality of the foregoing, includes: Castor including beaver; Alopex including white fox, arctic fox; Lutra including otter; Lynx including lynx; Martes including martens and fishers; Mephitis including skunk; Mustela including ermine, weasel, least weasel and mink; Ondatra including muskrat; Tamiasciurus including red squirrel; Vulpes including red, cross, black and silver fox; Gulo including wolverine; Canis including wolves and coyotes; Marmota including marmots; Lepus including hares; Spermophilus including ground squirrels; but does not include members of the genus Ursus including black and grizzly bears; 

“game” means wildlife other than fish, migratory non-game birds and migratory insectivorous birds; 

“General Hunting Licence” means a General Hunting Licence issued pursuant to the Territorial Game Ordinance, R.O.N.W.T. 1974, c.G-1, as set forth in no. 1 of column I and nos. 1(a), 1(b), 1(c) and 1(d) of column II in Schedule A of that Ordinance in respect of the 1975/76, 1976/77 and 1977/78 licence years; 

“Government” means the Government of Canada; 

“Inuvialuit” means those people known as Inuvialuit, Inuit or Eskimo who are beneficiaries under this Agreement by reason of the settlement of their claim to traditional use and occupancy of the land in the Inuvialuit Settlement Region and who are represented by COPE and, where the context requires, includes the Inuvialuit Regional Corporation, the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Inuvialuit community corporations and any other corporations, trusts or organizations controlled by the Inuvialuit that may be established by or pursuant to this Agreement; As amended January 15, 1987 

“Inuvialuit community” means any of the communities of Aklavik, Holman, Inuvik, Paulatuk, Sachs Harbour or Tuktoyaktuk; 

“Inuvialuit corporations” means the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Inuvialuit Regional Corporation, the Inuvialuit community corporations, and any other corporations controlled by the Inuvialuit established by or pursuant to this Agreement; 

“Inuvialuit lands” means all lands to be provided to the Inuvialuit by or pursuant to this Agreement; 

“Inuvialuit Land Rights Settlement” or “Settlement” means the process through which the Inuvialuit claim based on traditional use and occupancy of certain lands in the Northwest Territories and the Yukon Territory has been settled and includes the Agreement in Principle, this Agreement, the Settlement Legislation and all negotiations in connection therewith; 

“Inuvialuit Nunangat” means the document entitled “The Proposal for an Agreement in Principle to achieve the Settlement of Inuvialuit Land Rights in the Western Arctic Region of the Northwest Territories and Yukon Territory Between the Government of Canada and The Committee for Original Peoples’ Entitlement”, dated May 13, 1977; 

“Inuvialuit Settlement Region” means that portion of the Northwest Territories, Yukon Territory and adjacent offshore area shown in Annex A and described in Annex A-1; 

“Inuvialuk” means an individual member of the Inuvialuit; 

“migratory game birds”, “migratory insectivorous birds” and “migratory non-game birds” have the meanings assigned to them by section 3 of the Migratory Birds Convention Act, R.S.C. 1970, c. M-12; 

“Minister” means the Minister of Indian Affairs and Northern Development; 

“navigable” means, with respect to a river, lake or other body of water, capable of navigation in its natural state and ordinary volume by boats or other water craft used for public or commercial purposes in the Inuvialuit Settlement Region; 

“preferential right to harvest”, with respect to the Inuvialuit, includes the right to harvest wildlife for subsistence usage and to be allocated, subject to conservation, quantities of wildlife sufficient to fulfill Inuvialuit requirements for subsistence usage before there is any allocation for other purposes in areas where the Inuvialuit will have harvesting rights; 

“Review Board” means the Environmental Impact Review Board established by subsection 11(18); 

“Screening Committee” means the Environmental Impact Screening Committee established by subsection 11(3); 

“Settlement Legislation” means the legislation to be proposed to the Parliament of Canada approving, giving effect to and declaring valid the provisions of this Agreement; 

“shoreline” means, when used to describe a boundary, the mean or ordinary high water mark; 

“subsistence usage” means: 

(a) with respect to wildlife other than migratory game birds, migratory non-game birds and migratory insectivorous birds, subject to international conventions, the taking of wildlife by Inuvialuit for their personal use for food and clothing and includes the taking of wildlife for the purpose of trade, barter and, subject to section 12, sale among Inuvialuit and trade, barter and sale to any person of the non-edible by-products of wildlife that are incidental to the taking of wildlife by Inuvialuit for their personal use; and 

(b) with respect to migratory game birds, migratory non-game birds and migratory insectivorous birds, subject to the Migratory Birds Convention Act, the taking of such birds by Inuvialuit for their personal use for food and clothing, and includes the taking of such birds for the purpose of trade and barter among the Inuvialuit and trade, barter and sale to any person of the non-edible parts of such birds to the extent permitted under regulations made pursuant to Migratory Birds Convention Act; 

“Western Arctic Region” means that portion of the Inuvialuit Settlement Region other than the Yukon Territory; 

“wildlife” means all fauna in a wild state other than reindeer.