Implementation and Dispute Resolution

Article 22: Makivik Designated Organizations (MDOs)

22.1 Nunavik Inuit shall maintain Makivik and ensure it operates with accountability to, and democratic control by, Nunavik Inuit.

22.2 Makivik may, on such terms and conditions as it deems appropriate, designate a MDO as responsible for any power, function, duty or authority of a MDO under this Agreement where that MDO has the capability to undertake that power, function or authority.

22.3 Makivik may revoke a designation under section 22.2 at any time.

22.4 Makivik shall provide written notice to Government as soon as reasonably possible of any designation under section 22.2 and any revocation under section 22.3.

22.5 Makivik shall be responsible for a power, function, duty or authority of a MDO under this Agreement if a designation in respect of that power, function, duty or authority either has not been made under section 22.2 or has been revoked under section 22.3.

22.6 Makivik shall establish and keep up to date at its head office a public record of all MDOs designated under section 22.2 which record shall specify the powers, functions, duties or authorities under this Agreement for which each one has been designated.

22.7 Every MDO designated under section 22.2 shall be constituted and operate with accountability to, and democratic control by, Nunavik Inuit.

22.8 Makivik and every MDO designated under section 22.2 shall be subject to laws of general application except as otherwise provided for in this Agreement.

22.9 In addition to any power, function, duty or authority for which a MDO is designated under section 22.2, the MDO may exercise any other powers, functions, duties or authorities granted to it by some other means.

22.10 Government is not liable to Nunavik Inuit for any damage or loss suffered by Nunavik Inuit as a consequence of any act or omission of or by Makivik or a MDO in exercising or failing to exercise a power, function, duty or authority acquired under this Agreement.

22.11 Without limiting the rights of a Nunavik Inuk in relation to Makivik or a MDO, every power, function, duty or authority exercised by Makivik or a MDO under this Agreement shall be deemed to be exercised on behalf of and for the benefit of Nunavik Inuit.

22.12 Nunavik Inuit shall not be liable as principal of Makivik or a MDO in respect of any power, function, duty or authority exercised by it under this Agreement solely because that power, function, duty or authority is deemed to be exercised on behalf of and for the benefit of Nunavik Inuit.

Article 23: Implementation

Part 23.1: Principles

23.1.1 The following principles shall guide the implementation of this Agreement and shall be reflected in the Implementation Plan:

1. there shall be an ongoing process for Nunavik Inuit and Government to plan for and monitor the implementation of this Agreement which shall mirror the spirit and intent of this Agreement and its various terms and conditions;

2. implementation shall reflect the objective of this Agreement of encouraging self-reliance and the cultural and social well-being of Nunavik Inuit;

3. to promote timely and effective implementation of this Agreement, Nunavik Inuit and Government shall:

   1. identify, for multi-year planning periods, the implementation activities, responsibilities and the level of government implementation funding which will be provided during any planning period; and

   2. allow flexibility through the establishment of an Implementation Committee.

4. reflecting the level of independence and the authorities of the institutions of public government identified in Articles 5, 6 and 7, the funding arrangements shall:

   1. provide those institutions with sufficient resources to plan for and carry out the duties and responsibilities assigned to them in this Agreement in a professional manner with appropriate public involvement;

   2. provide those institutions with a degree of flexibility to allocate, reallocate and manage funds within their budgets, no less than that generally accorded to comparable agencies of Government;

   3. require those institutions to follow normally accepted management and accounting practices; and

   4. ensure the accountability of those institutions for expenditure of their resources in fulfilling their obligations under this Agreement.

Part 23.2: Implementation Plan

23.2.1 Makivik and the Government of Canada and Government of Nunavut ("the parties to the Implementation Plan") shall prepare a detailed Implementation Plan prior to this Agreement which shall be appended to but not form part of this Agreement. The plan is not intended to be a land claims agreement within the meaning of s. 35 of the Constitution Act, 1982. For greater certainty, in the event of conflict or inconsistency between this Agreement and the Implementation Plan, this Agreement shall prevail.

23.2.2 The Implementation Plan shall be a legally binding contract except as otherwise agreed by the parties to the Implementation Plan. A provision of the Implementation Plan providing for the payment of funds as a result of an obligation created in this Agreement shall be included in such contract, provided the parties have agreed that payment of such funds constitutes the fulfilment of that obligation. Where the parties fail to so agree, the treaty obligation shall prevail.

23.2.3 The Implementation Plan shall:

1. identify the ongoing and time-limited obligations, specific activities, and projects required to implement this Agreement;

2. identify how and by whom the activities will be carried out and identify the associated time-frames and how the obligations will be discharged;

3. identify the funding levels and specific funding arrangements for implementing this Agreement for an initial ten-year planning period following ratification of this Agreement;

4. identify, at times deemed appropriate by the parties to the Implementation Plan, the implementation activities and funding levels for implementing this Agreement for successive multi-year planning periods subsequent to the initial ten-year planning period;

5. identify a communication and information strategy to inform Nunavik Inuit and interested third parties of the content and implementation of this Agreement;

6. provide for a process for monitoring the implementation of this Agreement by requiring the establishment of an Implementation Committee to oversee, monitor and report on implementation of this Agreement;

7. provide for a process for the review and amendment of the Implementation Plan; and

8. address other matters as agreed to by the parties to the Implementation Plan.

Part 23.3: The Implementation Committee

23.3.1 As soon as practicable, but no later than three (3) months after the effective date of this Agreement, an Implementation Committee shall be established.

23.3.2 The Implementation Committee shall be composed of three (3) senior officials: one (1) representing the Government of Canada designated by the Minister; one representing the Government of Nunavut; and one (1) representing Makivik.

23.3.3 The Implementation Committee shall:

1. oversee and provide direction to guide the implementation of this Agreement;

2. monitor the Implementation Plan;

3. when it deems necessary, revise the schedule of activities, reallocate resources and amend the Implementation Plan;

4. attempt to resolve implementation disputes arising among the parties to the Implementation Plan. Unresolved implementation disputes shall be resolved pursuant to Article 24;

5. provide the Minister of Indian Affairs and Northern Development, the Leader of the Government of Nunavut and Makivik with a report on the implementation of this Agreement, every two (2) years, which shall be made public. The cost of the report shall be borne by the Government of Canada; and

6. make recommendations for the implementation of this Agreement, including the role of the Implementation Committee, to the parties to the Implementation Plan for future planning periods following the initial ten-year period.

23.3.4 All decisions of the Implementation Committee shall be by unanimous agreement of all members.

Part 23.4: Nunavik Inuit Implementation Funding

23.4.1 The Government of Canada shall make implementation funding payments, including funding for the Park Impacts and Benefits Agreement for the Torngat Mountains National Park Reserve of Canada and for the resolution of Nunavik Inuit Claims in the Labrador Inuit Settlement Area of the Overlap Area and offshore Labrador, to Makivik and the Nunavik Inuit Trust in accordance with Schedule A to this Article.

23.4.2 Any payments made pursuant to section 23.4.1 are not intended by the parties to fulfill or discharge the ongoing funding responsibilities of the Government of Canada for the implementation of this Agreement.

23.4.3 Unless otherwise specified in this Agreement, Canada shall not be responsible for the costs of Makivik or the Nunavik Inuit Trust to implement this Agreement.

23.4.4 Makivik shall use the funds referred to in section 23.4.1 to implement this Agreement and to carry out the objects of Makivik as set out in the Act respecting the Makivik Corporation, R.S.Q., chapter S-18.l.

Schedule A: Provisional Payments Schedule - Re: 23.4.1

Date

Payments to NIT

Payments to Makivik

On the effective date of this Agreement

$1,324,933

$12,779,776 *

On the first anniversary of effective date of this Agreement

$1,324,933

$6,624,667

On the second anniversary of effective date of this Agreement

$1,324,933

$6,624,667

On the third anniversary of effective date of this Agreement

$1,324,933

$6,624,667

* Payment includes $1 million for Parks Impact and Benefit Agreement and a $5 million implementation payment adjusted from 3rd quarter 2002 to 3rd quarter 2004.

Notes to Finalize Schedule A

1. The purpose of this note is to enable the parties to calculate the amounts to be shown in the provisional schedule of payments and the amounts for the final schedule of payments.

2. A provisional schedule of payments will be negotiated prior to the signing of this Agreement such that:

   1. the provisional schedule will provide for a first payment on the effective date of this Agreement and subsequent payments on each anniversary date;

   2. the present value of the amounts listed in the provisional schedule of payments to NIT will equal $5 million and payments to Makivik will equal $31,155,109; and

   3. the present value referred to in (b) will be calculated using as a discount rate, 4.025%, which is the most recently released 3 year amortized consolidated revenue fund lending rate that the Minister of Finance for Canada has approved prior to the calculation of the provisional schedule of payments, less 0.125 percent.

3. A final schedule of payments will be calculated prior to the effective date of this Agreement by multiplying each amount in the provisional schedule of payments by the value of the FDDIPI for the latest quarter available prior to that date for which FDDIPI has been published by Statistics Canada, and by dividing the resulting product by the value of FDDIPI for the 3rd quarter of 2004.

Article 24: Dispute Resolution Process

24.1 The following matters shall be arbitrated pursuant to this Article:

1. matters specifically designated in other articles of this Agreement for resolution by arbitration under this Article; and

2. where Makivik and Government agree to be bound by an arbitration decision, any other matters arising from this Agreement including, without limiting the generality of the foregoing, any matter concerning the interpretation, application or implementation of this Agreement.

24.2 No arbitration decision made pursuant to this Article may alter, amend, delete or substitute any provision of this Agreement in any manner.

24.3 An arbitration shall be initiated by a party to a dispute serving written notice to the other party to the dispute, which notice shall set out the nature of the dispute, a summary of the facts, describe the issue to be arbitrated, name an arbitrator and describe the relief sought.

24.4 Within 30 days of receipt of a notice referred to in section 24.3, the other party to the dispute shall reply to the notice, naming its arbitrator and describing any relief sought.

24.5 The two arbitrators named under sections 24.3 and 24.4 shall agree upon a third arbitrator. Failing such agreement, the third arbitrator shall be appointed by a judge pursuant to the Arbitration Act, R.S.N.W.T. 1988, c. A-5 as duplicated for Nunavut by s.29 of the Nunavut Act, S.C. 1993, c.28, and in such case the judge may appoint any person as the judge thinks fit.

24.6 The arbitrators may, on application, allow any person to participate, on such terms as the arbitrators in their discretion may order, in an arbitration as an intervener, if in their opinion the interest of that person may be affected by the arbitration.

24.7 The arbitrators shall have jurisdiction, after hearing the parties to the arbitration, to determine all questions of fact and procedure, including the method of giving evidence, and to make an award, including interim relief, payment of interest, and costs; but no costs shall be awarded against Makivik in any arbitration within paragraph 24.1 (b) where the arbitrators uphold the position of Makivik.

24.8 It is intended that the process of arbitration established by this Article will resolve disputes submitted to it in an informal and expeditious manner.

24.9 The arbitrators shall proceed to arbitrate a dispute within 45 days of the agreement on, or the appointment of, the third arbitrator or within such longer period as the parties to the arbitration may agree.

24.10 If the arbitrators make no decision as to costs, each party to an arbitration shall bear its own costs and its proportionate share of the other costs of the arbitration, including the remuneration and expenses of the arbitrators.

24.11 In the absence of a majority decision, the decision of the third arbitrator referred to in section 24.5 shall prevail.

24.12 The decision of the arbitrators shall be final and binding on the parties to the arbitration and shall not be subject to appeal or review in any court except that the decision may be reviewed by the Nunavut Court of Justice on the grounds that the arbitrators erred in law or exceeded or refused to exercise their jurisdiction.

24.13 The Arbitration Act, R.S.N.W.T. 1988, c. A-5 as duplicated for Nunavut by s.29 of the Nunavut Act, S.C. 1993, c.28 shall apply to any arbitration to the extent that it is not inconsistent with this Article.

24.14 Makivik and Government shall maintain a public record of arbitration decisions.

24.15 Where a party to an arbitration has failed to comply with any of the terms of an arbitration decision, any party to the arbitration may file in the office of the Registrar of the Nunavut Court of Justice, a copy of the decision, exclusive of the reasons therefore, in the prescribed form, whereupon the decision shall be entered in the same way as a judgement or order of that court and is enforceable as such.

24.16 A party to an arbitration may request from the Nunavut Court of Justice, either before or during arbitral proceedings, an interim measure of protection and the Court may grant such a measure.

24.17 Unless otherwise specified in an arbitration decision, the effective date of this Agreement of the decision is the date on which it is released in writing. The decision shall be released with reasons.

24.18 Except in respect of disputes arbitrated under these provisions, nothing in these provisions affects the jurisdiction of any court.