Land and Resource Rights

SECTION 7: INUVIALUIT AND CROWN LAND 

7.(1) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted title to: 

(a) 

(i) 4,200 square miles of lands, more or less, in fee simple absolute (which for greater certainty includes all minerals whether solid, liquid or gaseous and all granular materials) selected in the Western Arctic Region in blocks of 700 square miles more or less near each of the six communities, subject to subsurface alienations listed in Annex P and existing surface rights for limited terms listed in Annexes Q and R, being those lands referred to in subsection 9(3), 

(ii) A single block of 800 square miles, more or less, of land in fee simple absolute (which for greater certainty includes all minerals whether solid, liquid or gaseous and all granular materials) in Cape Bathurst, being those lands referred to in subsection 9(4) where, subject to subsection 8(5), any alienations shall be terminated by Canada, and the present moratorium on exploration and development shall continue until the time of conveyance; and 

(b) 30,000 square miles, more or less, of lands in fee simple absolute, (less oil, gas, related hydrocarbons, coal, native sulphur and minerals as defined in Annex M), being those lands referred to in subsection 9(5) subject to alienations for limited terms listed in Annexes Q and R, and without prejudice to the holders of valid subsisting rights granted pursuant to the Territorial Lands Act or regulations made thereunder and other appropriate legislation. For greater certainty, a reference in this paragraph to “right” includes renewal, whether it takes place before or after July 13, 1978. 

7.(2) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted title in fee simple absolute to the beds of all lakes, rivers, and other water bodies found in Inuvialuit lands. 

7.(3) For greater certainty, the Crown shall retain ownership to all waters in the Inuvialuit Settlement Region. 

7.(4) Title to Inuvialuit lands shall be subject to easements, servitudes, and rights-of-way listed in Annex R. 

TOTAL LAND SETTLEMENT AND ADJUSTMENT 

7.(5) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted a total of 35,000 square miles of land, plus or minus a margin of error of 1%. If the final ground survey shows a square mileage in excess of 35,350, the Inuvialuit Regional Corporation or Inuvialuit Land Corporation shall promptly reconvey to Canada an area of paragraph (1)(b) land equal to the excess. If the final ground survey shows a square mileage less than 34,650, Canada shall promptly convey to the Inuvialuit Regional Corporation or Inuvialuit Land Corporation an area of paragraph (1)(b) land equal to the deficiency. These adjustments shall be made utilizing land located in the Wynniatt Region adjustment area shown in Annex K-6. As amended January 15, 1987 

7.(6) Legal descriptions for paragraphs (1)(a) and (1)(b) lands, being those referred to in Annexes F-1, F-2, G-1, G2, H-1, H-6, I-1, I-5, J-1, J-5, K-1 and K-5, have been accepted by the parties. The parties have agreed that the descriptions may be modified subsequently by mutual consent to ensure that the descriptions accord with the results of the ground survey. 

7.(7) Canada shall, at its expense, undertake to complete the necessary ground surveys if and as needed as quickly as possible following the execution of this Agreement. 

7.(8) In any ground surveys, all parallels of latitude identified in the land descriptions of selections under this Agreement are to be determined in such a manner that they are parallel with boundaries of grid areas as defined by the Canada Oil and Gas Land Regulations. 

7.(9) Canada shall, to the extent legally possible, make available to the Inuvialuit Land Administration records regarding resources information related to substances owned by the Inuvialuit pursuant to paragraphs (1)(a) and (1)(b). For greater certainty, this subsection applies to lands where there are existing alienations referred to in Annexes P, Q and R. 

7.(10) If Canada is exploring for or producing resources to which it retains title in a given area and the Inuvialuit are not exploring for or producing resources to which they have title in that area, the Inuvialuit shall renounce and release Canada from any and all claims, suits or demands for alleged damage or loss arising from disturbance of their resources. 

7.(11) If the Inuvialuit are exploring for or producing resources to which they retain title in a given area and Canada is not exploring for or producing resources to which it has title in that area, Canada shall renounce and release the Inuvialuit from any and all claims, suits or demands for alleged damage or loss arising from disturbance of its resources. 

7.(12) If, from time to time, both Canada and the Inuvialuit are exploring for or producing their respective resources, they shall make every effort to respect each other’s interests. If a conflict arises, they shall use their best efforts, during a period of ninety (90) days from notice of commencement given by either party to the other, to negotiate a work program protecting their respective interests. In the event of failure to conclude a mutually acceptable work program within this period, either party may refer the issue to the Arbitration Board pursuant to section 18. 

GENERAL ACCESS TO AND ACROSS INUVIALUIT LANDS 

7.(13) Canada reserves a right of access on Inuvialuit lands to the extent of 100 feet of land in width measured from the edge of the water of the sea coast and navigable rivers and navigable lakes that can be entered from such rivers. The right is limited to the use of rivers, lakes, water bodies, sea coast and inlets for travel, recreation or emergency, and does not permit any person using it to engage in any development activity or to harvest wildlife. 

7.(14) Public access to unoccupied Inuvialuit lands for purposes of entry or crossing shall be available as follows; 

(a) the public may enter and stay on Inuvialuit lands without prior notice for a limited time for emergency purposes; 

(b) the public may cross Inuvialuit lands without prior notice to exercise a right on adjacent lands; and 

(c) the public may enter on Inuvialuit lands for recreation, and prior notice and permission is required only for recreational use that is more than casual and individual in nature. 

7.(15) The rights of public access set out in subsection (14) are subject to the following conditions: 

(a) there be no significant damage to the lands; 

(b) there be no abuse or extension of the right; 

(c) there be no mischief committed on the lands; and 

(d) there be no significant interference with Inuvialuit use of and peaceable enjoyment of the lands. 

7.(16) Agents or employees of governments shall have the right to enter on and cross Inuvialuit lands for legitimate government purposes related to the management of their programs or enforcement of their laws, and such access, where applicable, shall be in accordance with appropriate laws or approved procedures. 

7.(17) Without restricting the generality of subsection (16) and without limiting the authority to enter on lands given to the Department of National Defence by the National Defence Act, access to Inuvialuit lands for military exercises conducted by the Department of National Defence shall take place on the conclusion of arrangements with the Inuvialuit relating to contact persons, areas, timing and appropriate compensation. Agreement by the Inuvialuit shall not be unreasonably withheld.

7.(18) Private access of a commercial nature to Inuvialuit lands shall be available as follows: 

(a) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would be of a casual nature relating to investigative and preliminary work on those lands; subject to the same conditions as set out in subsection (15); As amended January 15, 1987 

(b) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would be significant, but temporary; subject to a right of way agreement being negotiated with the Inuvialuit that would provide for 

(i) a location least harmful to the Inuvialuit and suitable to the commercial interest, and 

(ii) matters relating to damage, mitigation, restoration and loss of use; 

(c) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would require a permanent right of way, subject to Participation Agreements as provided by section 10; and 

(d) access by commercial interests in order to enter on Inuvialuit lands to exercise interests in or on those lands, subject to Participation Agreements as provided by section 10. 

7.(19) Access for the purposes of subsection (18) requires that prior notice be given to the Inuvialuit. 

7.(20) The following conditions apply to the access provisions set out in subsections (14) to (19): 

(a) the granting of access by the Inuvialuit does not create responsibility on their part for damages suffered by the user; 

(b) users of access rights are responsible for damages caused to the land; and 

(c) the user who fails to comply with the access provisions may be removed from the land. 

7.(21) Except for subsection (17) and the provision for Participation Agreements in paragraphs 18(c) and (d), the foregoing provisions relating to access constitute an interim measure and shall cease to have force and effect when and to the extent that laws of general application relating to access to private lands are enacted for lands in the Western Arctic Region. As amended January 15, 1987 

PUBLIC RIGHT OF ENTRY ON INUVIALUIT LANDS TO FISH 

7.(22) Every person fishing in waters located wholly within paragraph (1)(a) or paragraph (1)(b) lands shall be required first to register with the appropriate Hunters and Trappers Committee or its designated agent. As amended January 15, 1987 

7.(23) Entry across and on paragraph (1)(a) lands for the purpose of fishing shall be granted at the sole discretion of the Inuvialuit. As amended January 15, 1987 

7.(24) The Inuvialuit agree to allow persons to enter on paragraph (1)(b) lands for the purpose of sport and commercial fishing in waters within paragraph (1)(b) lands and Crown lands beyond paragraph (1)(b) lands and to allow those persons to erect temporary facilities and carry out other activities ancillary to sport and commercial fishing where: As amended January 15, 1987 

(a) the persons are duly licenced to fish by the appropriate governmental authority; 

(b) the persons register with the appropriate person or body in accordance with the registration system referred to in paragraph 14(64)(d); and 

(c) the persons do not fish in an area in which fishing is prohibited. 

7.(25) A person shall be subject to the law respecting trespass on private land if he gains entry to paragraph (1)(b) lands under subsection (24) and As amended January 15, 1987 

(a) engages in any activity other than sport or commercial fishing or activities ancillary to sport or commercial fishing; 

(b) contravenes any of the terms and conditions of his fishing licence; 

(c) fails to comply with any conditions of or restrictions on access set by the Fisheries Joint Management Committee to be established pursuant to subsection 14(61); 

(d) diminishes the value of the land to the Inuvialuit; or 

(e) interferes with the right of the Inuvialuit to the use and enjoyment of their lands beyond interference unavoidably caused by his presence for the purpose of fishing. 

7.(26) The granting of the right of public entry shall not place the Inuvialuit under any legal or statutory duty to any person and, for greater certainty, the right of public entry shall not be construed to create any right in favour of any person or interfere with or affect the Inuvialuit rights and title to the land beyond the granting of such entry. Persons using the right of entry do so at their own risk and have no right of action against the Inuvialuit for alleged loss or damage arising therefrom. 

SAND AND GRAVEL 

7.(27) With respect to sand and gravel on Inuvialuit lands, as a first priority the Inuvialuit shall reserve supplies of sand and gravel of appropriate quality and within reasonable transport distances on Inuvialuit lands in order to meet public community needs in the Western Arctic Region and in Inuvik, based on reasonable twenty (20) year forecasts of the volumes required from Inuvialuit lands. The forecasts shall be prepared jointly by the Inuvialuit and the appropriate levels of government on the basis of community estimates of requirements, and shall be revised from time to time as required but, in any event, not less frequently than once every five (5) years. As amended January 15, 1987 

7.(28) As a second priority, the Inuvialuit shall reserve adequate supplies of sand and gravel of appropriate quality on Inuvialuit lands for the direct private and corporate needs of the Inuvialuit and not for sale, based on reasonable twenty (20) year forecasts of required volumes prepared by the Inuvialuit Land Administration. As amended January 15, 1987 

7.(29) As a third priority, the Inuvialuit shall make available sand and gravel for any project approved by an appropriate governmental agency. 

7.(30) The Inuvialuit and the appropriate level of government may jointly identify certain zones within the Western Arctic Region including, for greater certainty, Inuvialuit lands, where sand and gravel may not be removed, or may not be removed during certain periods of the year, for environmental reasons or because of other conflicting uses of such land. 

7.(31) For greater certainty, the sand and gravel deposits within Inuvialuit lands, known collectively as the Ya Ya Lakes eskers, shall be dedicated to sand and gravel development, subject to normal pit development, restoration measures and laws of general application. 

7.(32) The right to remove sand and gravel from Inuvialuit lands requires a licence or concession obtained from the Inuvialuit Land Administration. A licence or concession may stipulate the required payment of a royalty to the Inuvialuit Land Administration, not exceeding $0.75 per cubic yard multiplied by b/a, where “a” means the Gross National Product of Canada in current dollars for the year 1982 and “b” means the Gross National Product of Canada in current dollars for the year previous to the year in which the royalties are being charged. 

7.(33) For the purposes of subsection (32):

(a) a licence is a non-exclusive right to remove a certain volume of sand and gravel for a specific purpose during a period not exceeding one (1) year from a specific sand and gravel pit; and As amended January 15, 1987 

(b) a concession is the exclusive right to explore, develop and produce sand and gravel from an area for a period specified in the concession. 

7.(34) A licence or concession may stipulate payments to cover reasonable administrative costs and, where they are applicable and justified, reasonable land reclamation costs in relation to the sand and gravel deposit for which the licence or concession has been granted. 

7.(35) In granting a licence, the Inuvialuit Land Administration shall, to the extent of its legal capability, ensure that sand and gravel is made available to interested parties at reasonable prices. 

7.(36) Before issuing a licence, the Inuvialuit Land Administration shall require the applicant to establish that the proposed project has been approved by the appropriate level of government and that a contract has been awarded. 

7.(37) Notwithstanding subsection (36), the Inuvialuit Land Administration shall, subject to reasonable rules of pit management, issue a licence to any person for personal use in amounts not exceeding 50 cubic yards annually. 

7.(38) Any concession granted by the Inuvialuit Land Administration to the Inuvialuit Development Corporation shall contain the specific provision that the Inuvialuit Development Corporation shall make sand and gravel available at reasonable prices to interested parties bearing in mind the priorities set out in subsections (27) to (29). Reasonable prices shall not exceed levels that would result in a rate of return in excess of 20%, after tax, on the capital employed by the holder in his sand and gravel business. As amended January 15, 1987 

7.(39) The rate of return referred to in subsection (38) shall be determined in accordance with generally acceptable accounting principles on the basis of actual data for past years and reasonable forecasts for future years with the aim of averaging the rate of return over the life of the concession. For the purpose of determining reasonable prices, the concession holder shall not take into account any general annual overhead and management costs in excess of 15% of total costs. 

7.(40) Any concession referred to in subsection (38) shall establish that the Inuvialuit Development Corporation maintains for inspection by the Inuvialuit Land Administration and the appropriate government officials the necessary financial records related to the royalty payments, profits and rate of return of the operations. As amended January 15, 1987 

7.(41) Where the Minister is of the opinion that the Inuvialuit Development Corporation, under a concession, is providing sand and gravel in an unreliable or inefficient manner or at excessive prices, he may notify the Inuvialuit Land Administration in writing whereupon it shall terminate the concession and offer it on a competitive bid basis. Neither Canada, the concession holder nor any third party shall have any right, claim or recourse against the Inuvialuit arising from alleged damage or loss resulting from such termination. As amended January 15, 1987 

7.(42) The provisions of this Agreement respecting sand and gravel, except subsection (41), are subject to the arbitration process set out in section 18. 

CONVEYANCE OF LANDS 

7.(43) The Inuvialuit Land Corporation and other corporations controlled by the Inuvialuit may, from time to time, exchange lands with Canada. 

7.(44) Subject to any agreements that the Inuvialuit have entered into or may enter into with other native groups in adjoining land claims areas respecting the acquisition or disposition of their respective interests in land, title to Inuvialuit lands may not be conveyed except to Inuvialuit individuals or corporations controlled by the Inuvialuit or Her Majesty in right of Canada. For greater certainty, leases and other rights to use and occupy Inuvialuit lands for any purpose and dispositions of rights to explore, develop and produce resources owned by the Inuvialuit may be made by the Inuvialuit to persons or corporations in accordance with this Agreement and laws of general application. 

7.(45) The transfer or grant of Inuvialuit lands pursuant to subsection (44) and subsections (50) to (81) shall be exempt from tax. For greater certainty, the transfer to and the receipt by the Inuvialuit of the proceeds of such transfers or grants and any distributions thereof by Inuvialuit corporations shall be exempt from tax, including income tax, by federal, provincial, territorial or municipal governments. The Inuvialuit corporations shall separately account for such proceeds and any transfer or distribution thereof. 

7.(46) For the purposes of the Income Tax Act, there shall be deemed to be no cost with respect to any acquisition or deemed acquisition of Canadian resource properties, as defined in paragraph 66(15)(c) of the Income Tax Act, by the Inuvialuit under this Agreement. However, net proceeds up to a total of $10 million received by the Inuvialuit from the disposition of Canadian resource properties relating to lands described in subsections 9(3) and 9(4) shall be deemed, for the purposes of the Income Tax Act, not to be proceeds of the disposition of Canadian resource properties, and those proceeds, their transfer to and receipt by the Inuvialuit and any distribution thereof by Inuvialuit corporations shall be exempt from tax, including income tax, by federal, territorial, provincial or municipal governments. The Inuvialuit corporations shall separately account for such proceeds and any transfer or distribution thereof. 

7.(47) No federal, territorial, provincial or municipal charge, levy or tax of any kind whatsoever shall be payable on Inuvialuit lands or based on the value or assessed value of Inuvialuit lands and, without limiting the generality of the foregoing, no capital, wealth, realty, school, water or business tax shall be payable on Inuvialuit lands or based on the value or assessed value of Inuvialuit lands. 

7.(48) For the purposes of subsection (47), “land” does not include buildings on land, and all royalties, rents, profits and other revenues or gain derived from Inuvialuit lands shall be taxable under laws of general application except as otherwise provided by this Agreement. 

7.(49) No federal, territorial, provincial or municipal charge, levy or tax shall be payable in respect of the transfer to or receipt by the Inuvialuit Regional Corporation or the Inuvialuit Land Corporation of Inuvialuit lands under the Settlement. 

EXPROPRIATION 

7.(50) No Inuvialuit lands may be expropriated except by order of the Governor in Council. 

7.(51) Canada recognizes the desire of the Inuvialuit to retain their lands and therefore agrees that any expropriation shall provide suitable alternative lands in the Western Arctic Region, considered to be satisfactory by the Inuvialuit, in place of the expropriate lands if it is reasonably possible to so provide. 

7.(52) If suitable alternative lands considered to be satisfactory by the Inuvialuit cannot reasonably be provided pursuant to subsection (51), monetary compensation shall be payable, together with interest, as contemplated by the Expropriation Act of Canada. 

7.(53) The monetary compensation payable on an expropriation shall reflect the fair market value of the lands expropriated but shall take into account that such value is low relative to other areas in Canada and that this Agreement is intended to constitute a fair exchange between the Inuvialuit and Canada. Where a cost base is agreed on, the compensation payable on an expropriation shall be an amount equal to the greater of the fair market value and that cost base. 

7.(54) On an expropriation of Inuvialuit lands, compensation shall be payable for the loss of the use of the land. Part of the land value, in addition to other land values, shall consist of its intrinsic value for wildlife. 

7.(55) Compensation for actual harvesting loss shall be provided for Inuvialuit harvesters under section 13 and shall not be considered in determining the value of the land under expropriation. 

7.(56) Where Inuvialuit lands are expropriated, the exclusive harvesting rights set out in paragraph 14(6)(d) shall continue to apply. For greater certainty, the exercise of such rights by the Inuvialuit is subject to the laws of general application respecting public safety and conservation. 

7.(57) On an expropriation, any disagreement between Canada and the Inuvialuit concerning the following matters shall be referred to the Arbitration Board pursuant to section 18: 

(a) whether it is reasonably possible for the Government to provide suitable alternative lands satisfactory to the Inuvialuit; 

(b) the compensation and interest payable in the event that suitable alternative lands are not available; and 

(c) any other matters arising on expropriation, including payment of the costs of any arbitration. 

7.(58) Compensation for expropriation, whether in the form of suitable alternative lands or money, shall be tax free to the Inuvialuit. 

7.(59) Where lands are required to be conveyed pursuant to subsections (61) to (81), the provisions of subsections (50) to (58) do not apply. 

7.(60) For the purposes of subsections (61) to (81), the following provisions apply: 

(a) where Inuvialuit lands are appropriated, if possible, equivalent alternative lands in the Western Arctic Region suitable to the Inuvialuit shall be provided. 

(b) if the parties cannot agree on appropriate equivalent lands, the matter shall be referred to the Arbitration Board pursuant to section 18 and the arbitrator shall decided the issue of equivalence and whether payment shall be made in land or money; 

(c) the value of the lands shall be based on their worth before being required for government purposes, and shall include, in addition to other land values, their intrinsic value for wildlife; 

(d) compensation for actual harvesting loss shall be provided to Inuvialuit harvesters under section 13 and shall not be considered in determining the value of the land under subsections (61) to (81); 

(e) lands acquired by the Inuvialuit Land Administration through exchange by virtue of subsections (61) to (81) shall be deemed to be Inuvialuit lands and receipt of compensation for appropriation in whatever form shall be tax free to the Inuvialuit; and As amended January 15, 1987 

(f) on appropriated lands, the exclusive harvesting rights set out in paragraph 14(6)(d) shall continue to apply. For greater certainty, the exercise of such rights by the Inuvialuit is subject to the laws of general application respecting public safety and conservation. 

MUNICIPAL REQUIREMENTS FOR LAND 

7.(61) Where any government or municipality, including any settlement, hamlet, or town, demonstrates a need, arising out of the provision of government services, for Inuvialuit lands within the area of or adjacent to the municipal jurisdiction to meet public convenience and necessity, and such lands cannot reasonably be obtained from other sources, the Inuvialuit Land Administration, on receipt of notice of the extent and location of the lands so required, undertakes to negotiate in good faith the terms and conditions, including nominal rent, on which the government might obtain the lands by sale, lease or other disposition or arrangement. 

7.(62) Failing successful conclusion of negotiations under subsection (61) within a period of ninety (90) days following receipt of the notice referred to in that subsection, either party may refer the matter to the Arbitration Board pursuant to section 18 and subsection (60). 

7.(63) Each party shall submit its final offer to the arbitrator who may select the one considered more reasonable or, after mediation, make a compromise ruling bearing in mind, on the one hand, the governmental use for which the land is required and, on the other, the desire of the Inuvialuit to retain their lands. 

PUBLIC ROAD RIGHT OF WAY 

7.(64) For the purposes of appropriating lands for a public road right of way, the following procedures apply: 

(a) the Government shall consult with the Inuvialuit Land Administration on all matters of interest or concern to the Inuvialuit concerning road development before approval is given by the Government to any road project; As amended January 15, 1987 

(b) where approval is given to commence the development of a particular road project, the Government shall negotiate with the Inuvialuit Land Administration for the acquisition of the necessary public road right of way on the basis of compensating the Inuvialuit by providing, if possible, alternative land of equivalent value in the Western Arctic Region that is suitable to the Inuvialuit; As amended January 15, 1987 

(c) the Government shall give notice to the Inuvialuit Land Administration of the amounts and location of land it requires and shall at the same time make an offer to the Inuvialuit Land Administration of suitable alternative land in the Western Arctic Region and having equivalent value to that of the land being acquired; and As amended January 15, 1987 

(d) where the Government and the Inuvialuit Land Administration are not able to conclude an agreement as to the location or amounts of suitable alternative land within Forty-two (42) days from the date of the notice referred to in paragraph (c), the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60). As amended January 15, 1987 

DESALIS BAY LAND SELECTION Title as amended January 15, 1987 

7.(65) The Inuvialuit undertake that their land title to the area adjacent to DeSalis Bay, as shown in Annex J-6, shall not impede development in that area. As amended January 15, 1987 

7.(66) The Government shall determine whether any development can be provided for by way of Participation Agreements under section 10 or whether conveyance of title by the Inuvialuit is necessary. 

7.(67) Land identified in subsection (65) may be occupied by the Government or its designate on a temporary basis, as required, subject to reasonable environmental terms and conditions consistent with appropriate government land use regulations existing at the time the occupation is approved. 

7.(68) Where a portion of the lands identified in subsection (65) is required to be conveyed to the Government, the Inuvialuit shall make the lands available to the Government within sixty (60) days of receiving written notice to do so, without penalty of any kind. 

7.(69) Lands conveyed pursuant to subsection (68) shall be replaced with equivalent lands in the Western Arctic Region agreeable to the parties. If the parties cannot agree on appropriate equivalent lands, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60). 

PINGO CANADIAN LANDMARK 

7.(70) The pingos in the area shown in Annex H-2 and described in Annex H-4 shall be protected by the Minister of the Environment of Canada by the establishment of a Pingo Canadian Landmark as described in Annex H-4. 

7.(71) Canada shall continue to retain title to the surface of the land in the area referred to in subsection (70), including sand and gravel. Canada shall transfer administration for this area to the Minister of the Environment under subsection 35(1) of the Public Works Act for the purpose of establishment as a Canadian Landmark. The Minister of the Environment shall assume responsibility for the protection of this area on the execution of this Agreement. For greater certainty, the Inuvialuit shall be granted title to the subsurface of the land comprising the Landmark. 

7.(72) As the area shown in Annex H-2 and described in Annex H-4 was an approved Inuvialuit land selection, the Inuvialuit shall be granted (1)(b) title to land of equivalent value in the Western Arctic Region that is suitable to the Inuvialuit. If the parties cannot agree on equivalent land, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60). 

7.(73) The Pingo Canadian Landmark shall be managed under the National Parks Act, in consultation with the Inuvialuit Land Administration and the people of Tuktoyaktuk, as a joint management regime. 

7.(74) If there is any disagreement with respect to the management of the Pingo Canadian Landmark, there shall be a right of appeal to the Minister of the Environment who shall make the final decision. 

7.(75) Any future exploration for or extraction of the subsurface resources of the Pingo Canadian Landmark shall be carried out from outside the site in a manner that does not damage the pingos. 

7.(76) The Inuvialuit shall have priority with respect to employment and any economic opportunities relating to the Pingo Canadian Landmark. 

NELSON HEAD CANADIAN LANDMARK 

7.(77) It is acknowledged that the Minister of the Environment is interested in establishing a federally owned Canadian Landmark at the southern end of Banks Island. The approximate boundaries proposed, as shown in Annex J-7, encompass an area of approximately 70 square miles and include the sea cliffs and Nelson Head and Cape Lambton, Durham Heights at 2,450 feet elevation and approximately 25 miles of sea coast. The Inuvialuit shall be granted (1)(b) title to this area pursuant to this Agreement. 

7.(78) If and when the Minister of the Environment’s Canadian Landmark Program takes effect and that Minister has the authority to require the area, the Inuvialuit shall convey (1)(b) title to the land within sixty (60) days of receipt of written notice to that effect. 

7.(79) The Inuvialuit shall be granted title to equivalent land in the Western Arctic Region that is agreeable to the Inuvialuit and Canada. If the parties cannot agree on equivalent land, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60). 

7.(80) The management and economic provisions in subsections (73) and (76) that apply to the Pingo Canadian Landmark shall apply to the area described in subsection (77). As amended January 15, 1987 

7.(81) The Inuvialuit Land Administration shall ensure that, within the area described in subsection (77), no activity is permitted prior to the conveyance referred to in subsection (78) that renders the land unsuitable as a Canadian Landmark. This obligation and the right of the Minister of the Environment to require a conveyance under subsection (78) shall terminate on the expiration of ten (10) years after the date of the execution of this Agreement. 

LAND USE PLANNING 

7.(82) It is agreed that, for the purpose of coordinating land use planning for the Beaufort Sea Region, there shall be area-specific groups dealing only with the Inuvialuit Settlement Region and that native participation, including Inuvialuit participation, in each such group shall be equal to government participation. Where a Land Use Planning Commission or similar body is established for the Yukon Territory and the Northwest Territories, the area-specific groups shall be a part thereof. For the purpose of land use planning in the Yukon Territory and the Northwest Territories, it is also agreed that, for areas south of the watershed and north of the Porcupine and Bell Rivers in the Yukon Territory, and for areas in the Western Arctic Region in the Northwest Territories, native representation shall be equal to that of the government. The representation of the Government of Yukon Territory for matters north of the watershed and of the Government of the Northwest Territories for matters in the Western Arctic Regon shall increase as their respective jurisdictions increase and shall form a majority of government participation for matters exclusively within their respective jurisdictions. As amended January 15, 1987 

7.(83) The Inuvialuit agree that they shall not be represented on any Land Use Planning Commissions or similar bodies referred to in subsection (82) for areas outside the Inuvialuit Settlement Region unless it is established that activities in adjacent areas affect their interest within the Inuvialuit Settlement Region. They also agree that, in the Yukon Territory, their interest for purposes of land use planning does not extend to any areas south of the Porcupine and Bell Rivers. 

7.(84) The Commissions or bodies referred to in subsection (82) shall make every endeavour to coordinate their work in order to achieve consistency. 

WATER MANAGEMENT 

7.(85) Notwithstanding Inuvialuit ownership of beds of rivers, lakes and other water bodies, 

(a) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of the management of fish, migratory game birds, migratory non-game birds, and migratory insectivorous birds and their habitat, and the Inuvialuit shall not impede or interfere with that right. For greater certainty, Canada retains the right to enter on Inuvialuit lands for the purposes of conducting fisheries research and management related activities, and the right to erect small scale temporary camps and installations. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these rights; As amended January 15, 1987 

(b) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of carrying out governmental functions relating to navigation, transportation, flood control and similar matters. The Inuvialuit shall not impede or interfere with Canada’s carrying out of these functions. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these functions. Where such functions result in damage to the Inuvialuit or their lands or significant impact on the Inuvialuit or their use of their lands, they shall be entitled to compensation, the nature and amount of which shall be negotiated between the Inuvialuit Land Administration and the Government with ultimate recourse to the courts; and 

(c) the appropriate government shall control and manage the waters and water beds and adjacent lands for the purpose of ensuring the protection of community water supplies from contamination and degradation. Such management shall ensure that community requirements are met first. The appropriate government shall consult with the Inuvialuit Land Administration with regard to the manner in which it manages community water supplies. 

7.(86) Those parts of Inuvialuit lands that lie within the Anderson River Bird Sanctuary and the Banks Island Bird Sanctuaries shall continue to be subject to the right of management of Canada under the Migratory Bird Sanctuary Regulations. 

7.(87) Canada reserves the right to establish and operate new meteorological and climatological stations on lands received by the Inuvialuit pursuant to paragraph (1)(b), subject to conditions, including the payment of compensation, to be negotiated by Canada and the Inuvialuit. In the event of disagreement, the matter in question shall be referred to the Arbitration Board pursuant to section 18. 

7.(88) To provide the Government with flexibility to react quickly in order to meet its responsibilities for navigation and safety, the Inuvialuit agree that, with respect to navigable waters, the Government may establish navigation aids and safety devices along the shorelines of navigable waters anywhere in unoccupied Inuvialuit paragraph (1)(b) lands except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, without having to receive the prior consent of the Inuvialuit. If any such navigation aid or safety device remains for more than one year at any particular site, the Government shall give notice thereof to the Inuvialuit and the Inuvialuit shall have the option of requiring expropriation of that site. As amended January 15, 1987 

7.(89) Canada and the Inuvialuit agree that Canada will have the right to conduct or authorize dredging operations for purposes of transportation on all navigable waters situated within Inuvialuit paragraph (1)(b) lands, except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D. As amended January 15, 1987 

7.(90) Inuvialuit ownership of the beds of rivers, lakes and other water bodies does not provide the Inuvialuit with a proprietary interest in fish or give them the exclusive right to harvest fish. 

7.(91) Subject to subsection (92), and notwithstanding Canada’s ownership of water within paragraph (1)(b) lands, the Inuvialuit right to hunt, fish and trap on Inuvialuit lands as set out in section 14 and, in particular, the exclusive right set out in paragraph 14(6)(d), shall extend to all rivers, lakes and other water bodies within Inuvialuit lands. As amended January 15, 1987 

7.(92) Where Canada retains ownership of the waters and beds of water bodies within the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, the Inuvialuit shall not have the exclusive right to harvest migratory game birds thereon, but Canada shall endeavour to ensure, by means of regulations pursuant to the Migratory Birds Convention Act, that the Inuvialuit and persons with rights recognized by subsections 14(15) to (18) are the only persons allowed to harvest such birds. 

ADMINISTRATION OF EXISTING RIGHTS 

7.(93) Subject to the provisions of this Agreement, with respect to Inuvialuit lands selected pursuant to paragraph (1)(a), any holder of valid oil and gas, coal, mineral and quarrying rights referred to in Annex P, and, with respect to Inuvialuit lands selected pursuant to paragraph (1)(b), any holder of valid quarrying rights issued before December 31, 1983, shall be entitled to enjoy such rights without alteration or interruption until their termination. For greater certainty, the reference in this subsection to “right” includes renewal, whether it takes place before or after July 13, 1978. 

7.(94) Canada shall, on behalf of the Inuvialuit, continue to administer the rights of interest holders referred to in subsection (93). Where legislation allows discretionary decisions to be made with respect to such administration, no decisions shall be made without the consent of the Inuvialuit where the effect thereof is to offer the Crown share for bids, to waive royalties or other payments in the nature of royalties or to prejudice the economic interest of the Inuvialuit. No other such decisions shall be made affecting Inuvialuit rights without prior consultation with the Inuvialuit Land Administration. Where, however, the holder of the rights and the Inuvialuit agree that the Inuvialuit should administer the rights or a renegotiated version of the rights directly and both parties so inform the Minister in writing, the Minister shall transfer such administration to the Inuvialuit. As amended January 15, 1987 

7.(95) Canada shall, as soon as possible, remit to the Inuvialuit any royalties, fees, rentals, bonuses or other payments in lieu of royalties accruing after the date of this Agreement from the rights referred to in subsection (93). Any royalties accruing from oil and gas production under community sites shall be included in the remittances. For greater certainty, the Inuvialuit shall receive and manage the Crown Share within the meaning of section 27 of the Canada Oil and Gas Act. (S.C. 1980-81-82-83, c.81) 

7.(96) The amounts payable to the Inuvialuit under subsection (95) shall be calculated on the basis of the laws and regulations in force on December 31, 1983 applicable to Crown lands in the Northwest Territories. 

APPLICATION OF LAWS TO INUVIALUIT LANDS 

7.(97) Except as otherwise provided in this Agreement, Inuvialuit lands shall be subject to the laws of general application applicable to private lands from time to time in force, including, without restricting the generality of the foregoing, territorial laws and ordinances that apply or are made to apply generally to private lands. 

7.(98) Without limiting the application of subsection (97), it may be agreed that laws and regulations or provisions thereof that apply only to Crown lands shall apply to all or any Inuvialuit lands from any date on or after July 25, 1984, if the Inuvialuit or the appropriate Minister so requests and the other party consents. As amended April 4, 1985 and January 15, 1987 

7.(99) Where the Inuvialuit dispose of new rights respecting oil, gas, coal, minerals, sand and gravel and rock on Inuvialuit lands, the Inuvialuit Land Administration may set terms and conditions with respect to the environment and safety that equal or exceed the standards provided for under the laws of general application referred to in subsection (97). 

7.(100) The parties to this Agreement agree that Inuvialuit lands shall be considered, accepted and deemed not to be lands reserved for Indians. 

7.(101) Subject to this Agreement, the Inuvialuit shall continue to enjoy all of the rights of any property owner under the laws of general application. 

INTERIM LAND REGIME 

7.(102) The Government shall, on receiving Cabinet approval to proceed to execute this Agreement, withdraw from disposition under the Territorial Lands Act, as quickly as possible: 

(a) the Inuvialuit land selections referred to in subsections 9(3) and (4), except 

(i) oil, gas and minerals included within oil, gas and mineral leases or permits referred to in Annex P, except those surrendered to Canada between October 31, 1978 and the date of the execution of this Agreement, 

(ii) sand and gravel, and As amended January 15, 1987 

(iii) the surface of the lands listed in Annexes Q and R; and 

(b) the Inuvialuit land selections referred to in subsection 9(5), except 

(i) oil, gas, related hydrocarbons, coal, native sulphur and minerals as defined in Annex M, 

(ii) sand and gravel, and 

(iii) the surface of the lands listed in Annexes Q and R. 

7.(103) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, sand and gravel permits shall be issued in respect of Inuvialuit lands referred to in subsections 9(3) to (5) only on the basis of the provisions of subsections (27) to (42) or by Canada with the consent of COPE, but such consent shall not be unreasonably withheld in respect of the issuance of permits for sand and gravel from reasonable sources of supply to meet usual governmental needs. No sand and gravel permit shall be issued by Canada to a third party for a period longer than one year. 

7.(104) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, as oil, gas and mineral leases and permits referred to in subsection (102) terminate, Canada shall withdraw the lands that were subject to the leases and permits from further disposition. Those lands shall not be disposed of without the consent of COPE. 

7.(105) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, no surface rights shall be created by Canada with respect to Inuvialuit land selections referred to in subsections 9(3) to (5) without the consent of COPE, except as follows: 

(a) with respect to the surface leases and licences set out in Annex Q, the consent of COPE to any replacement thereof will first be sought, but if COPE withholds such consent, the Minister may issue a lease or licence for a term ending not later than December 31, 1984. Such lease or licence shall be issued on the condition that a Participation Agreement, as contemplated by section 10, will be entered into between COPE, Inuvialuit Land Administration and the applicant for the lease or licence, if COPE so requests; and As amended January 15, 1987 

(b) if the applicant and COPE cannot agree as to the terms of the Participation Agreement, the Minister may require, as a condition of issuing the lease or licence, that the applicant enter into a Participation Agreement containing any terms proposed by COPE, Inuvialuit Land Administration and the applicant that, in the opinion of the Minister, are reasonable and appropriate. As amended January 15, 1987 

7.(106) No government reservations shall be created on Inuvialuit lands between the date of the execution of this Agreement and the coming into force of the Settlement Legislation without the consent of COPE. If at any time in the future those reservations or any portions thereof described in Annex R are no longer needed for the purpose for which they were being used as of October 31, 1978, they shall be terminated and removed as an encumbrance against the title of the Inuvialuit lands received under the Settlement Legislation. 

7.(107) No lease or licence issued pursuant to subsection (105) without the consent of COPE shall extend beyond December 31, 1984, and no such lease or licence shall include any right to the renewal thereof. 

7.(108) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, with respect to the lands referred to in subsections 9(3) to (5), where any surface lease or licence ceases or expires, and where the Minister does not replace the surface lease or licence provided by subsection (105), the lands covered by the lease or licence shall be withdrawn from further disposition if COPE so requests. Those lands shall not be disposed of without the consent of COPE. 

7.(109) From the date of the coming into force of the Settlement Legislation, no further surface rights on Inuvialuit lands shall be created other than by the Inuvialuit, and the Inuvialuit shall have the full rights of ownership as provided by the Settlement Legislation with respect to those lands subject to existing surface rights. 

7.(110) The withdrawal of lands from disposition pursuant to subsection (102) shall continue until revoked by Order in Council. 

7.(111) Prior to the coming into force of the Settlement Legislation, no revocation of the withdrawal referred to in subsection (110) shall be made without the consent of COPE. 

7.(112) Subsection (111) does not apply after March 27, 1986. 

SECTION 8: HUSKY LAKES / CAPE BATHURST AREAS 

8.(1) With respect to Area Number 2 as shown in Annex D, approval for any development activity shall be withheld unless the developer proves that the proposed development activity meets acceptable environmental standards and accounts for his standard of performance. The criteria for establishing acceptable environmental standards for the project and evaluating the developer’s standard of performance shall be set by the Environmental Impact Review Board. As amended January 15, 1987 

8.(2) Where approval is withheld pursuant to subsection (1), there shall be a right of appeal to the Minister who shall make the final decision. The procedure on appeal shall be the same as that provided in section 45 of the Territorial Land Use Regulations as amended from time to time. 

8.(3) Where permits are relinquished by oil and gas developers within Area Number 2 as shown in Annex D, the relevant areas shall not be opened for future oil and gas development by Canada without prior consultation with the Inuvialuit Land Administration. For greater certainty, the Minister shall not enter into exploration agreements for those areas nor permit Petro Canada to select those areas nor issue oil and gas leases for those areas without the agreement of the Inuvialuit Land Administration or, if the Inuvialuit Land Administration does not agree, without the approval of the Governor in Council. As Amended January 15, 1987 

8.(4) No dredging or development activity, such as the building of drilling platforms or fuel storage facilities, shall be carried on in the waters of the areas shown as Areas Number 1 and Number 2 as shown in Annex D. As Amended January 15, 1987 

8.(5) The title to the 800 square miles of land selected in Cape Bathurst (the “Cape Bathurst selection”) pursuant to subparagraph 7(1)(a)(ii), shown as Area Number 3 in Annex D, shall be subject to permits 4954 and 4955, as approximately shown in the parts marked “a” within Area Number 3 as shown in Annex D. As amended January 15, 1987 

8.(6) Any new subsurface development with respect to the Cape Bathurst selection shall be subject to the consent of Canada.

 8.(7) Where Canada wishes to approve development of land under permits numbered 4954 and 4955, any approval for access shall be withheld unless the developer proves that the proposed development activity meets acceptable environmental standards and accounts for his standard of performance. The criteria for establishing acceptable environmental standards for the project and evaluating the developer’s standard of performance shall be set by the Environmental Impact Review Board. The provisions of subsection (2) apply with such modifications as the circumstances require. 

SECTION 9: SELECTION OF INUVIALUIT LANDS 

9.(1) Inuvialuit lands selected for conveyance on passage of the Settlement Legislation have been selected from the lands traditionally used and occupied by the Inuvialuit, as shown in Annex B, unless otherwise agreed. 

9.(2) Land selections by the Inuvialuit were based on the following criteria: 

(a) lands of importance to the Inuvialuit for reasons of biological productivity or traditional pursuits, including hunting, trapping and fishing; 

(b) areas that may be important to the Inuvialuit for the future development of tourism or that may offer other economic opportunities for the Inuvialuit;

(c) areas of importance to the Inuvialuit because of the production of the wildlife and protection of the habitat; 

(d) historic Inuvialuit sites or burial grounds; 

(e) any areas that might be used by new Inuvialuit communities to be created in the future; 

(f) lands that do not contain proved oil and gas reserves; 

(g) lands that were not privately owned and lands that did not constitute public works as of July 13, 1978. The Inuvialuit may select and own the subsurface below privately owned lands and public work sites within paragraph 7(1)(a) lands if such subsurface ownership does not interfere with the private and public work use of the surface; and 

(h) in the selection of lands under paragraphs (a) to (e), it is understood that the Inuvialuit shall acquire certain non-renewable substances that may provide economic opportunities. 

9.(3) The Inuvialuit lands selected by agreement between COPE and Canada pursuant to subparagraph 7(1)(a)(i) are: 

(a) the block of land near Aklavik shown in Annex F and described in Annex F-1; 

(b) the block of land near Inuvik shown in Annex G and described in Annex G-1; 

(c) the block of land near Tuktoyaktuk shown in Annex H and described in Annex H-1, except surface title (including sand and gravel) to the part lying within the proposed Pingo Canadian Landmark Site shown in Annex H-2 and described in Annex H-4; As amended January 15, 1987 

(d) the block of land near Paulatuk shown in Annex I and described in Annex I-1; As amended January 15, 1987 

(e) the block of land near Sachs Harbour shown in Annex J and described in Annex J-1; and As amended January 15, 1987 

(f) the block of land near Holman shown in Annex K and described in Annex K-1. As amended January 15, 1987 

9.(4) The Inuvialuit land selected by agreement between COPE and Canada pursuant to subparagraph 7(1)(a)(ii) is the block of land shown in Annex D as Area Number 3 and described in Annex D-1. 

9.(5) The Inuvialuit lands selected by agreement between COPE and Canada pursuant to paragraph 7(1)(b) are: 

(a) the block of land near Aklavik shown in Annex F and described in Annex F-2; 

(b) the blocks of land near Inuvik shown in Annex G and described in Annex G-2; 

(c) the block of land near Tuktoyaktuk shown in Annex H-5 and described in Annex H-6; 

(d) the block of land near Paulatuk shown in Annex I-4 and described in Annex I-5; 

(e) the block of land near Sachs Harbour shown in Annex J-4 and described in Annex J-5; and 

(f) the blocks of land on Victoria Island shown in Annex K- 4 and described in Annex K-5. 

9.(6) All Inuvialuit lands have been selected on the basis of negotiations between Canada and COPE, as approved by the Minister. 

9.(7) All Inuvialuit lands so selected shall be transferred to the Inuvialuit Land Corporation, or the Inuvialuit Regional Corporation for the Inuvialuit Land Corporation, pursuant to the provisions of this Agreement and the Settlement Legislation. 

9.(8) Maps showing the selections identified in [sic] 9(3), (4) and (5) signed by the parties to this agreement are recorded in the Canada Lands Survey Records at Ottawa as No’s. 69419, 69420, 69421, 69422 and 69423. New subsection, as amended January 15, 1987