Definitions and General Provisions

Article 1: Definitions

1.1 For the purposes of this Agreement:

Agreement

means the Nunavik Inuit Land Claims Agreement or "NILCA";

Aquaculture

means the culture, propagation, keeping in captivity or husbandry of wildlife of the freshwater environment;

Aquatic plant

means all marine and freshwater plants and includes all benthic and attached algae, kelp, marine flowering plants, brown algae, red algae, green algae, phytoplankton and other plants that complete their entire life cycle in water;

Arbitration

means the arbitration process established pursuant to Article 24;

Areas of equal use and occupancy

means those areas described in Schedule 40-1 of the Nunavut Land Claim Agreement and in Schedule 27-1 of this Agreement;

Carving stone

means soap stone, marble, alabaster, argillite, steatite or slate in the NMR where those substances are suitable for use for carving purposes;

Commercial fishing licence

includes experiments and exploratory licences;

Consolidated revenue fund lending rate

means the amortized rate approved by the Minister of Finance on loans from the Consolidated Revenue Fund;

Consult and consultation

1. the provision, to the party to be consulted, of notice of a matter to be decided in sufficient form and detail to allow that party to effectively assess the matter and to prepare advice on the matter;

2. the provision of a reasonable period of time in which the party to be consulted may prepare its advice on the matter, and provision of an opportunity to present such advice to the party obligated to consult;

3. full and fair consideration by the party obligated to consult on any advice presented; and Nunavik Inuit Land Claims Agreement

4. the immediate provision of written reasons by the party obligated to consult for any advice that is rejected or varied;

Cree/Inuit Offshore Overlap Agreement

means that agreement referred to in section 28.1 of this Agreement;

Cree/Inuit Offshore Overlapping Interests Area

means that area as defined in the Cree/Inuit Offshore Overlap Agreement;

DIO

means a DIO as defined in the Nunavut Land Claim Agreement;

Effective date of this Agreement

means the date on which the federal settlement statute has come into force;

Final Domestic Demand Implicit Price Index or FDDIPI

means the Final Domestic Demand Implicit Price Index for Canada, published regularly by Statistics Canada;

Government(s)

means the Government of Canada or the Government of Nunavut, or both, as the context requires, depending on their jurisdiction and the subject matter referred to;

Grand Council of the Crees (Eeyou Istchee) or GCC(EI)

means the corporation representing the Crees of Eeyou Istchee and which was a signatory to the James Bay and Northern Québec Agreement (JBNQA) under the name Grand Council of the Crees (of Québec);

Grand Council of the Crees (Eeyou Istchee) Designated Organization(s) or GDO

means the GCC (EI), or an organization designated by the GCC (EI);

Harvest

means the reduction of wildlife into possession and the attempt thereto, and includes hunting, trapping, fishing, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means;

James Bay and Northern Québec Agreement or JBNQA

means the Agreement approved, given effect and declared valid by the James Bay and Northern Québec Native Claims Settlement Act (S.C., 1976-77, Chapter 32) and by the Act approving the Agreement concerning James Bay and Northern Québec (S.Q., 1976, Chapter 46), and as amended from time to time by Complementary Agreements thereto;

Law of Canada

means legislation and the common law;

Laws of general application

means all federal, territorial and local government laws of general application according to common law definition;

Legislation

means a statute or regulation;

Local Nunavimmi Umajulivijiit Katujiqatigininga or LNUK

means a local hunters, fishermen and trappers association as referred to in Article 5 Part 7;

Makivik Corporation or Makivik

means a corporation duly incorporated by Special Act of the National Assembly of Québec, c. S-18.1, L.R.Q.;

Makivik Designated Organization(s) or MDO(s)

means Makivik, or an organization or organizations referred to in Article 22;

Marine Protected Area

means a Marine Protected Area established in the NMR in accordance with the Oceans Act, S.C., 1996, c. 31 as amended from time to time;

Marine resources

means organic and inorganic resources, including land, water and ice, located in, on or under the NMR and includes wildlife inhabiting the NMR on a permanent, temporary or seasonal basis;

Mineral(s)

means all precious and base metals and other non-living, naturally occurring substances whether solid, liquid or gaseous, excluding water, but including coal and petroleum;

Minister

means a Minister of the Government of Canada or a member of the Executive Council of the Government of Nunavut appointed as Minister, as the context requires, responsible for the subject-matter referred to;

NMR or Nunavik Marine Region

means that area described in Article 3;

Nunavik

means the NMR and the "Region" as defined in paragraph 23.1.8 of the James Bay and Northern Québec Agreement;

Nunavik Inuit Land Claims Agreement or NILCA or this Agreement

means the Agreement Between Nunavik Inuit and Her Majesty the Queen in Right of Canada Concerning Nunavik Inuit Land Claims;

Nunavik Inuit Settlement Areaor NISA

means the area described in Article 3;

Nunavik Inuit Trust

means the trust referred to in Article 17;

Nunavik Inuk or Nunavik Inuit

means an Inuk or Inuit as defined under the James Bay and Northern Québec Agreement;

Nunavut Impact Review Board or NIRB

has the same meaning as in the Nunavut Land Claims Agreement;

Nunavut Land Claims Agreement or NLCA

means the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada;

Nunavut Planning Commission or NPC

has the same meaning as in the Nunavut Land Claims Agreement;

Nunavut Settlement Area or NSA

has the same meaning as in the Nunavut Land Claims Agreement;

Protected area

means "protected area" as defined in Article 11;

Regional Nunavimmi Umajulivijiit Katujiqatigininga or RNUK

means the regional hunters, fishermen and trapping association referred to in Article 5, Part 7;

Regulation

means an order, regulation, order-in-council, order prescribing regulations, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, bylaw, resolution or other instrument issued, made or established:

1. in the execution of a power conferred by or under the authority of a statute; or

2. by or under the authority of the Governor-in-Council or Commissioner-in-Executive Council;

Resource royalty

means any share of production whether in money or kind paid or payable to Government, as owner prior to production, in respect of a resource produced by a person from Crown lands in or under the Nunavik Marine Region, but does not include:

1. any payment for a service, the creation of special purpose funds, the issuance of the right or interests or the granting of an approval or authorization;

2. any payment required regardless of ownership of the resource;

3. any payment for incentives; or

4. for greater certainty, any payment to Government as owner or part owner of the produced resource;

Statute

means an Act of Parliament or an Act of a provincial government or territorial government, but does not include regulation;

Torngat Mountains National Park Reserve

includes the Torngat Mountains National Park of Canada once that Park is scheduled under the Canada National Parks Act on the effective date of this Agreement;

Water

means waters in any river, stream, lake or other body of inland waters on the surface or underground in the NMR and includes all inland ground waters and ice;

Wildlife

means all terrestrial, aquatic, avian and amphibian flora and fauna ferae naturae, and all parts and products thereof.

Article 2: General Provisions

2.1 This Agreement shall be a treaty within the meaning of s. 35 of the Constitution Act, 1982.

2.2 It is the intention of the parties that the rights of Nunavik Inuit in this Agreement shall not merge in any legislation enacted to ratify or implement this Agreement.

2.3 Nothing in this Agreement shall:

1. be construed so as to deny that Nunavik Inuit are an aboriginal people of Canada or, subject to part 2.29, affect their ability to participate in or benefit from any existing or future constitutional rights for aboriginal people which may be applicable to them;

2. affect the ability of Nunavik Inuit to participate in and benefit from government programs for Nunavik Inuit or aboriginal people generally as the case may be; benefits received under such programs shall be determined by general criteria for such programs established from time to time;

3. affect the rights of Nunavik Inuit as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other citizens applicable to them from time to time; or

4. affect the rights and benefits of Nunavik Inuit contained in the James Bay and Northern Québec Agreement.

2.4 The several Articles of this Agreement, the Preamble and all Schedules to this Agreement shall be read together and interpreted as one Agreement. For greater certainty, the Preamble and Schedules of this Agreement shall form an integral part thereof.

2.5 This Agreement shall be the entire Agreement and there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.

2.6 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties shall make best efforts to amend this Agreement to remedy the invalidity or to replace the invalid provision.

2.7 Neither party to this Agreement shall have a claim or cause of action based on a finding that any provision of this Agreement is invalid.

2.8 Neither Government, Makivik nor any Nunavik Inuit eligible to be enrolled in this Agreement shall challenge, or support a challenge to, the validity of any provision of this Agreement.

2.9 There shall be Inuktitut, English and French versions of this Agreement. The English and French versions shall be the authoritative versions.

2.10 Subject to sections 2.11 and 2.12, all federal, territorial and local government laws shall apply to Nunavik Inuit and Nunavik Inuit Lands.

2.11 Where there is any inconsistency or conflict between any federal, territorial and local government laws, and this Agreement, this Agreement shall prevail to the extent of the inconsistency or conflict.

2.12 Where there is any inconsistency or conflict between any legislation ratifying or implementing this Agreement and any other legislation, the ratifying and implementing legislation shall prevail to the extent of the inconsistency or conflict.

2.13 Amendments to this Agreement shall require the consent of the parties as evidenced by:

1. in respect of Her Majesty, an order of the Governor-in-Council, and

2. in respect of Nunavik Inuit, a resolution of Makivik, except as provided otherwise by its by-laws.

2.14 Any power vested in a Minister of the Government of Canada or in a Minister of the Executive Council of the Government of Nunavut, pursuant to the provisions of this Agreement, may be transferred to another Minister of the Government of Canada, or to another Minister of the Executive Council of the Government of Nunavut, respectively. Makivik shall be given notice of such transfer.

2.15 Nothing in this Agreement shall restrict the authority of the Government of Canada to devolve or transfer powers or jurisdiction to the Government of Nunavut, provided that the devolution or transfer shall not abrogate or derogate from any rights of Nunavik Inuit in this Agreement. This section shall not be interpreted as affecting the fiduciary relationship between the Crown and Nunavik Inuit.

2.16 Without diminishing or otherwise altering the responsibilities of Her Majesty the Queen in Right of Canada under this Agreement, where this Agreement does not identify a particular person or body responsible for exercising a function of Government, the Governor-in-Council, in the case of the Government of Canada, and the Commissioner in Executive Council, in the case of the Government of Nunavut, may designate a person or body to exercise that function on its behalf or authorize a Minister to make such a designation. Makivik shall be given notice of such designation.

2.17 Subject to sections 2.15 and 2.16, and except as otherwise provided for in this Agreement, a party to this Agreement shall not directly or indirectly assign or otherwise transfer any right or obligation with respect to this Agreement without the prior written consent of the other party.

2.18 This Agreement shall come into force upon its ratification by the parties in accordance with the ratification provisions of this Agreement.

2.19 Ratification of this Agreement by the parties in accordance with the ratification provisions of this Agreement is a condition precedent to the validity of this Agreement and, in the absence of such ratification, this Agreement shall be null and void and of no effect.

2.20 Government shall, in consultation with Makivik, prepare any legislation required to ratify or implement this Agreement, including any amendments thereto.

2.21 Where a Nunavik Inuk has a right of action in relation to this Agreement, Makivik may bring such action on behalf of him or her. This section shall not preclude a Nunavik Inuk from commencing an action on his or her own behalf.

2.22 This Agreement shall be governed by and construed in accordance with the laws of Nunavut, Newfoundland and Labrador and the laws of Canada as otherwise applicable. For greater certainty, the federal Interpretation Act shall apply to this Agreement.

2.23 The Nunavut Court of Justice shall have jurisdiction in respect of any action or proceeding arising out of this Agreement with respect to Nunavut.

2.24 Nothing in this Agreement shall be construed to limit any jurisdiction that the Newfoundland and Labrador court may otherwise have.

2.25 Nothing in this Agreement shall be construed to limit any jurisdiction the Federal Court of Canada may have from time to time.

2.26 Notwithstanding any other provision of this Agreement, Government shall not be required to disclose any information that it is required or entitled to withhold under any statute relating to access to and privacy of information. Where Government has a discretion to disclose any information, it shall take this Agreement into account in exercising that discretion.

2.27 Nunavik Inuit Lands shall be deemed not to be Lands Reserved for Indians within the meaning of the Constitution Act, 1867.

2.28 Citation of legislation refers to legislation and successor legislation as amended from time to time:

1. except where the parties have provided otherwise; and

2. for greater certainty, reference to the Constitution Act, 1982 includes the 1983 amendments and any later amendments.

Part 2.29: Certainty

2.29.1 For the purposes of section 2.29, "government" means Her Majesty the Queen in right of Canada and any province and the government of any territory.

2.29.2 Section 2.29 does not apply to any aboriginal or treaty right which the Nunavik Inuit may have;

1. arising from, or in the Territory defined by, the JBNQA, or

2. to the extent that the right does not relate to or affect lands or natural resources.

2.29.3 Subject to section 2.29.2, the Nunavik Inuit will not exercise or assert any aboriginal or treaty right other than the rights set out in this Agreement.

2.29.4 If an aboriginal right that section 2.29.3 prevents from being exercised or asserted;

1. has any effect on the ability of Nunavik Inuit to exercise and enjoy all their rights that are set out in this Agreement;

2. has any effect on the ability of government or any other person to exercise and enjoy all their rights, authorities, jurisdictions and privileges; and

3. creates or has any other effect on an obligation of government or any other person,

then the Nunavik Inuit cede, release and surrender, as of the effective date of this Agreement, that aboriginal right to the extent required to avoid that effect.

2.29.5 The Nunavik Inuit release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they ever had, now have or may have in the future, arising from any act or omission that occurred prior to the effective date of this Agreement that related to or affected any aboriginal right respecting lands and natural resources held by the Nunavik Inuit.

2.29.6 The Nunavik Inuit release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they now have or may have in the future, based on any right that section 2.29.3 prevents from being exercised or asserted and arising from any act or omission that occurs on or after the effective date of this Agreement.

2.29.7 The Nunavik Inuit shall indemnify and forever save harmless government from any claim to which sections 2.29.5 or 2.29.6 apply and that was brought on or after the effective date of this Agreement against government. For greater certainty, the right to be indemnified shall not extend to any claim relating to or in any way arising from the failure of government to carry out its obligations under this Agreement.

2.29.8 The right to be indemnified under section 2.29.7 applies only if government vigorously defends the claim and does not compromise or settle it without the consent of the Nunavik Inuit. The right to be indemnified under section 2.29.7 does not apply to any costs incurred by government in such a defence or settlement.