Land Management and Development

Article 7: Development Impact

Part 7.1: Definitions

7.1.1 In this Article:

"Certificate"

means a certificate issued by NMRIRB pursuant to sections 7.5.12 and 7.6.17;

"Ecosystemic"

means relating to the complex of a natural community of living organisms and its environment functioning as an ecological unit in nature;

"Minister"

unless otherwise specified, means the federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed; however, the Government of Canada and Territorial Government may, within their respective jurisdictions, designate a single Minister to be responsible for NMRIRB and to perform all functions assigned to "the Minister";

"Normal community resupply"

means marine transportation whose primary purpose is the delivery to communities in the NMR of foodstuffs, household goods, construction materials for housing and other community-oriented facilities, and related goods and materials;

"Proponent"

in respect of a project proposal, means the person, body or government authority that proposes the project.

Part 7.2: Nunavik Marine Region Impact Review Board (NMRIRB)

Establishment

7.2.1 A Nunavik Marine Region Impact Review Board (NMRIRB) is hereby established as an institution of public government. Responsibility for the operation of NMRIRB shall vest in the members of NMRIRB.

Functions

7.2.2 The primary functions of NMRIRB shall be:

1. to screen project proposals in order to determine whether or not a review is required;

2. to gauge and define the extent of the regional impacts of a project, such definition to be taken into account by the Minister in making his or her determination as to the regional interest;

3. to review the ecosystemic and socio-economic impacts of project proposals;

4. to determine, on the basis of its review, whether project proposals should proceed, and if so, under what terms and conditions, and then report its determination to the Minister; in addition, NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister; and

5. to monitor projects in accordance with the provisions of Part 7.

7.2.3 The mandate of NMRIRB shall not include the establishment of requirements for socioeconomic benefits.

7.2.4 NMRIRB shall carry out such other functions as are identified or contemplated in this Agreement, and such additional functions as may be agreed to from time to time by a MDO and the Government of Canada or Territorial Government or as may be set out in legislation.

Primary Objectives

7.2.5 In carrying out its functions, the primary objectives of NMRIRB shall be at all times to protect and promote the existing and future well-being of the persons and communities resident in or using the NMR, and to protect the ecosystemic integrity of the NMR. NMRIRB shall take into account the well-being of residents of Canada outside the NMR.

Membership and Mode of Appointment

7.2.6 NMRIRB shall be a board composed of five (5) members, one (1) of whom shall be the chairperson. The members shall be appointed as follows:

1. two (2) members shall be appointed by the federal Minister responsible for Northern Affairs, upon nomination by the MDO;

2. one (1) member shall be appointed by a Minister of the Government of Canada;

3. one (1) member shall be appointed by the Minister of the Territorial Government responsible for Renewable Resources;

4. from nominations agreed to and provided by persons appointed under (a), (b) and (c) the chairperson shall be appointed by the federal Minister responsible for Northern Affairs in consultation with the Territorial Government;

5. in the nomination and appointment of a chairperson, preference shall be given to persons resident in Nunavik where candidates are equally qualified.

7.2.7 In the initial appointment of NMRIRB members, one (1) member under paragraph 7.2.6 (a) and the member under paragraph 7.2.6 (b) shall be appointed for three (3) years, and the other members under paragraphs 7.2.6 (a) and (c) shall be appointed for four (4) years. Thereafter, all appointments shall be for a term of three (3) years, except that any member appointed to replace any member whose term has not expired shall be appointed for the balance of the term of his or her predecessor.

7.2.8 The chairperson shall be appointed for a three (3)-year term.

7.2.9 Members of NMRIRB may be removed from office at any time for cause.

7.2.10 Where a vacancy occurs, a replacement member may be nominated and appointed pursuant to the provisions of section 7.2.6 for the remainder of the term of the former member.

7.2.11 Members of NMRIRB may be reappointed.

7.2.12 Members of NMRIRB shall perform their duties in accordance with:

1. an oath following the form set out in Schedule 5-1, taken and subscribed before assuming office, before an officer authorized by law to administer oaths;

2. relevant laws relating to conflict of interest, provided that no board member who is a Nunavik Inuk shall be considered biased solely because the member is a Nunavik Inuk; and

3. the terms of this Agreement.

7.2.13 Additional members may be appointed from time to time in the same manner and ratio as set out in paragraphs 7.2.6 (a), (b) and (c). Such members may be appointed for a specific purpose, or for a term not exceeding three (3) years.

7.2.14 Legislation may authorize NMRIRB to constitute itself into panels consisting of two (2) or more NMRIRB members. Such panels shall be composed of an equal number of Government and MDO nominees. Legislation may authorize the NMRIRB to delegate to a panel all or any powers of the NMRIRB, including the right to hold hearings.

Head Office, Meetings

7.2.15 The head office of NMRIRB shall be in Nunavik.

7.2.16 NMRIRB shall, whenever practicable, meet in Nunavik.

7.2.17 NMRIRB shall conduct its business in Canada's official languages as required by legislation or policy and, upon request by any member, also in Inuktitut.

7.2.18 The chairperson shall convene a meeting of NMRIRB within 21 days of receipt, from any three (3) members, of a written request indicating the purpose of such meetings.

Quorum, Voting

7.2.19 All decisions of NMRIRB shall be decided by a majority of the votes cast.

7.2.20 Each member other than the chairperson shall have one (1) vote on any matter requiring a decision of NMRIRB. If there is a tie vote, the chairperson shall vote on the matter.

7.2.21 Three (3) members of NMRIRB shall comprise a quorum.

7.2.22 Vacancies in NMRIRB shall not impair the right of the remainder to act.

By-laws and Rules of Procedure

7.2.23 The NMRIRB shall, to the extent possible, adopt the same by-laws and rules as those of the NIRB.

7.2.24 Subject to section 7.2.23, the NMRIRB, after due consultation, may make and shall publish its by-laws and rules of procedure respecting:

1. the calling of meetings of NMRIRB;

2. the conduct of business at meetings of NMRIRB including the requirements with respect to physical presence and the use of tele-conferencing or like facilities;

3. the establishment of special and standing committees of NMRIRB, and the fixing of quorums for meetings thereof;

4. the carrying on of the work of NMRIRB, the management of its internal affairs, and the duties of its officers and employees;

5. the procedures for making representations and complaints to NMRIRB;

6. the procedures and guidelines for collecting information and opinions;

7. the procedures to be used and the admission of evidence at public hearings before NMRIRB or NMRIRB panels;

8. the establishment of standard guidelines for preparation of impact statements; and

9. generally, the manner of conducting any business of or before NMRIRB.

Co-ordination with Adjacent Institutions

7.2.25 Legislation may, subject to any matter contained in this Agreement, enable the NMRIRB to coordinate the discharge of its powers, functions and duties with other similar institutions having jurisdiction over areas adjacent to the NMR.

7.2.26 The NMRIRB shall make best efforts to coordinate the discharge of its powers, functions and duties with adjacent institutions.

Public Hearings

7.2.27 In designing its by-laws and rules of procedure for the conduct of public hearings, NMRIRB shall:

1. to the extent consistent with the broad application of the principles of natural justice and procedural fairness, emphasize flexibility and informality, and, specifically

   1. allow, where appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence, and

   2. give due regard and weight to the tradition of Nunavik Inuit oral communication and decision-making; and

2. with respect to any classification of intervenors, allow full standing to a MDO.

7.2.28 NMRIRB shall have the power to subpoena witnesses, documents and things in carrying out its responsibilities.

7.2.29 NMRIRB shall conduct its public hearings in Canada's official languages as required by legislation or policy, and, upon request of any member, applicant or intervenor, also in Inuktitut.

7.2.30 All necessary steps shall be taken by way of notice, dissemination of information, and scheduling and location of hearings to provide and promote public awareness of and participation at hearings.

Officers and Employees

7.2.31 The officers and employees necessary for the proper conduct of NMRIRB, including experts or persons having technical knowledge, may be appointed, and shall be remunerated by NMRIRB recognizing that secondment of government staff may be appropriate in certain cases.

7.2.32 Such officers and employees shall be responsible to, and under the direction and control of NMRIRB.

7.2.33 All officers and employees of NMRIRB shall conform to the same rules respecting conflict of interest as members of NMRIRB.

Costs of NMRIRB

7.2.34 The costs of NMRIRB shall be the responsibility of Government. NMRIRB shall prepare an annual budget subject to review and approval by Government.

Part 7.3: Relationship to the Land Use Planning Provisions

7.3.1 Where the NMRPC determines, pursuant to section 6.5.10, that a project proposal is in conformity with the land use plans, or a variance has been approved, the NMRPC shall, subject to sections 7.3.2, 7.3.3 and 7.4.3, forward the project proposal with its determination and recommendations to NMRIRB for screening.

7.3.2 Project proposals falling within Schedule 7-1 shall be exempt from the requirement for screening by NMRIRB. The NMRPC shall not forward such project proposals to NMRIRB.

7.3.3 Notwithstanding section 7.3.2, the NMRPC may refer a project proposal falling within Schedule 7-1 to NMRIRB for screening, where the NMRPC has concerns respecting the cumulative impact of that project proposal in relation to other development activities in a planning region.

7.3.4 NMRIRB shall not screen project proposals that are not in conformity with land use plans, unless an exemption has been received under 6.5.11 or a variance has been approved under section 6.5.10.

7.3.5 Sections 7.3.1 to 7.3.4 shall apply where a land use plan has been approved pursuant to section 6.5.9. In the absence of an approved land use plan, all project proposals other than those that fall within Schedule 7-1 shall be referred by the NMRPC directly to NMRIRB for screening.

Part 7.4: Screening of Project Proposals

7.4.1 Upon receipt of a project proposal, NMRIRB shall screen the proposal to determine whether it has significant impact potential, and therefore whether it requires review under Part 5 or 6.

7.4.2 In screening a project proposal, NMRIRB shall be guided by the following principles:

1. NMRIRB generally shall determine that such a review is required when, in its judgement,

   1. the project may have significant adverse effects on the ecosystem, wildlife habitat or Nunavik Inuit harvesting activities,

   2. the project may have significant adverse socio-economic effects on northerners,

   3. the project will cause significant public concern, or

   4. the project involves technological innovations for which the effects are unknown;

2. NMRIRB generally shall determine that such a review is not required when, in its judgement, the project is unlikely to arouse significant public concern and

   1. the adverse ecosystemic and socio-economic effects are not likely to be significant, or

   2. the project is of a type where the potential adverse effects are highly predictable and mitigable with known technology; and

3. in determining whether a review is required or not NMRIRB shall give greater weight to the provisions of paragraph 7.4.2 (a).

7.4.3 Any application for a component or activity of a project proposal that has been permitted to proceed in accordance with these provisions shall be exempt from the requirement for screening by NMRIRB unless:

1. such component or activity was not part of the original proposal; or

2. its inclusion would significantly modify the project.

7.4.4 Upon receipt of a project proposal, NMRIRB shall screen the proposal and indicate to the Minister in writing that:

1. the proposal may be processed without a review under Part 5 or 6; NMRIRB may recommend specific terms and conditions to be attached to any approval, reflecting the primary objectives set out in section 7.2.5;

2. the proposal requires review under Part 5 or 6; NMRIRB shall identify particular issues or concerns which should be considered in such a review;

3. the proposal is insufficiently developed to permit proper screening, and should be returned to the proponent for clarification; or

4. the potential adverse impacts of the proposal are so unacceptable that it should be modified or abandoned.

7.4.5 NMRIRB shall carry out its responsibilities under section 7.4.4:

1. where there is a legal requirement for a licensing authority to make a decision within a certain time period, within a time period that would allow the licensing authority to conform with that requirement;

2. with the approval of the Minister, within a time period exceeding 45 days; or

3. in any other situation, within 45 days.

7.4.6 Where NMRIRB indicates to the Minister that a proposal may be processed without review, the proposal shall be processed under relevant legislation, unless the Minister decides to refer it for such a review.

7.4.7 Where NMRIRB indicates to the Minister that a proposal requires review, the Minister shall:

1. where required, by law or otherwise, refer the proposal to the Minister of the Environment for review by a federal environmental assessment panel; such review shall include both socio-economic and ecosystemic impacts;

2. where a proposal is not to be reviewed by a federal environmental assessment panel, refer the proposal to NMRIRB for a review of the ecosystemic and socioeconomic impacts in the NMR; or

3. where the proposal is not in the national or regional interest, inform the proponent that the proposal should be abandoned or modified and resubmitted to NMRIRB to be dealt with in accordance with section 7.4.4.

7.4.8 Where NMRIRB indicates to the Minister that a proposal should be returned to the proponent for clarification, the Minister shall return the proposal to the proponent for clarification and resubmission to NMRIRB to be dealt with in accordance with paragraphs 7.4.4 (a), (b) or (d).

7.4.9 Where NMRIRB indicates to the Minister that a proposal should be modified or abandoned, the Minister, after consultation with NMRIRB, shall:

1. return the proposal to the proponent for modification and resubmission to NMRIRB to be dealt with in accordance with section 7.4.4;

2. where it appears to be in the national or regional interest that a proposal be reviewed, refer the proposal for review as provided in paragraphs 7.4.7 (a) or (b) accompanied by written reasons for that decision; or

3. inform the proponent that the project should be abandoned.

Part 7.5: Review of Project Proposals by NMRIRB

7.5.1 In sending a proposal for review, the Minister may identify particular issues or concerns which NMRIRB shall consider in such a review. This shall not limit NMRIRB from reviewing any matter within its mandate.

7.5.2 When a project proposal has been referred to NMRIRB by the Minister for review, NMRIRB shall, upon soliciting any advice it considers appropriate, issue guidelines to the proponent for the preparation of an impact statement. It is the responsibility of the proponent to prepare an impact statement in accordance with any guidelines established by NMRIRB. Where the original project proposal submitted by the proponent for screening contains the information required for an impact statement, NMRIRB may accept the original project proposal instead of requiring the preparation of an impact statement. Where appropriate, an impact statement shall contain information with respect to the following:

1. project description, including the purpose and need for the project;

2. anticipated ecosystemic and socio-economic impacts of the project;

3. anticipated effects of the environment on the project;

4. steps which the proponent proposes to take including any contingency plans, to avoid and mitigate adverse impacts;

5. steps which the proponent proposes to take to optimize benefits of the project, with specific consideration being given to expressed community and regional preferences as to benefits;

6. steps which the proponent proposes to take to compensate interests adversely affected by the project;

7. the monitoring program that the proponent proposes to establish with respect to ecosystemic and socio-economic impacts;

8. the interests in lands and waters which the proponent has secured, or seeks to secure;

9. options for implementing the proposal; and

10. any other matters that NMRIRB considers relevant.

Hearings

7.5.3 NMRIRB may conduct its review by means of correspondence, public hearings or such other procedures as it deems appropriate to the nature of the project and range of impacts.

Time Frames

7.5.4 The Minister may propose priorities and reasonable time frames for completion of the reviews.

Matters Taken into Account

7.5.5 NMRIRB shall, when reviewing any project proposal, take into account all matters that are relevant to its mandate, including the following:

1. whether the project would enhance and protect the existing and future well-being of the persons and communities resident on or using the NMR, taking into account the interests of other Canadians;

2. whether the project would unduly prejudice the ecosystemic integrity of the NMR;

3. whether the proposal reflects the priorities and values of the persons resident in or using the NMR;

4. steps which the proponent proposes to take to avoid and mitigate adverse impacts;

5. steps the proponent proposes to take, or that should be taken, to compensate interests adversely affected by the project;

6. posting of performance bonds;

7. the monitoring program that the proponent proposes to establish, or that should be established, for ecosystemic and socio-economic impacts; and

8. steps which the proponent proposes to take, or that should be taken, to restore ecosystemic integrity following project abandonment.

NMRIRB Report

7.5.6 After reviewing the project proposal, NMRIRB shall issue a report to the Minister and the proponent containing:

1. its assessment of the project and its impacts;

2. its determination as to whether or not the project should proceed based on its assessment under (a); and

3. in the event the project were to proceed, terms and conditions reflecting the primary objectives set out in section 7.2.5.

7.5.7 Upon receipt of the NMRIRB report, the Minister shall:

1. accept the report of NMRIRB as to whether or not the project should or should not proceed, including terms and conditions;

2. where NMRIRB has determined that a project should proceed, reject that determination on the basis that the proposal is not in the national or regional interest; the proponent shall be so advised by NMRIRB;

3. where NMRIRB has determined that a project should proceed, reject the report on the grounds that

   1. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and socioeconomic impacts, or

   2. the terms and conditions are so onerous that they would undermine the viability of a project that is in the national or regional interest,

4. and in such situations NMRIRB shall reconsider terms and conditions under which the project should be approved in light of the Minister's reasons;

5. where NMRIRB has determined that a project should not proceed, reject that determination on the grounds that the project should have been approved because of its importance in the national or regional interest; thereupon, the Minister shall refer the report back to NMRIRB to consider terms and conditions which should be attached to any project approval; or

6. where the report is deficient with respect to ecosystemic and socio-economic issues, refer the report back to NMRIRB for further review or public hearings; upon such further review or hearings, NMRIRB shall submit a further report to the Minister which shall be accepted or rejected in accordance with paragraphs (a), (b), (c) or (d).

7.5.8 Upon considering or reconsidering the terms and conditions of a project approval further to paragraphs 7.5.7 (c) or (d), NMRIRB shall:

1. within 30 days, or such time as agreed upon with the Minister, make any alterations it considers appropriate;

2. refer its revised report back to the Minister; and

3. make its revised report available to the public.

7.5.9 Upon receipt of a revised NMRIRB report under section 7.5.8, the Minister shall:

1. accept the terms and conditions; or

2. reject or vary the terms and conditions, in whole or in part, on the grounds set out in sub-paragraphs 7.5.7 (c) (i) and (ii).

7.5.10 The Minister shall supply NMRIRB with written reasons for every decision.

7.5.11 Notwithstanding sections 7.5.7 and 7.5.9, NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in sections 7.5.7 and 7.5.9.

7.5.12 Upon completion of the process described in sections 7.5.1 to 7.5.11 where it has been determined that a project should proceed, NMRIRB shall issue a project certificate including any terms and conditions which have been accepted or varied by the Minister.

Part 7.6: Review by a Federal Environmental Assessment Panel

Generally

7.6.1 Where the Minister under paragraph 7.4.7 (a) decides to refer a project proposal to the Minister of the Environment for public review by a federal environmental assessment panel, the panel shall conduct its review in accordance with the provisions of this Part and with any other procedures, principles and general practices that provide at least the same opportunity for an open and comprehensive public review as provided by the Environmental Assessment and Review Process Guidelines Order (S.O.R./84-467, 22 June, 1984).

Membership on Panels

7.6.2 For a project proposal within the NMR, the Minister of the Environment shall be free to appoint members to a panel in accordance with the Minister's general practice, except that at least one quarter of the panel members shall be appointed from a list of nominees given to the Minister of the Environment by the MDO, and at least one quarter from a list of nominees given to the Minister of the Environment by the appropriate Territorial Government Minister. Nothing shall prevent the MDO or the Territorial Government Minister from nominating candidates who are already members of NMRIRB.

7.6.3 When a project proposal would take place both inside the NMR and an adjacent area used by another aboriginal group or groups, at least one quarter of the panel members shall be appointed from nominees of the MDO and the other relevant aboriginal group or groups, in accordance with any agreement between the MDO and the other aboriginal group or groups.

7.6.4 Members of panels shall:

1. be unbiased and free of any potential conflict of interest relative to the project proposal under review; for greater certainty no panel member who is a Nunavik Inuk shall be considered biased solely because the panel member is a Nunavik Inuk; and

2. have special knowledge and experience relevant to the anticipated technical, environmental or social effects of the project proposal under review.

Guidelines

7.6.5 Once constituted, a panel may issue to the project proponent a set of guidelines for the preparation of a statement by the proponent on ecosystemic and socio-economic impacts. Any such guidelines shall, where appropriate, require the statement to contain information with respect to those matters listed in section 7.5.2. NMRIRB shall review the guidelines and provide input into their development.

7.6.6 The panel shall ensure that NMRIRB has adequate opportunity to review the proponent's impact statement prior to commencement of public hearings, and the panel shall take into account any recommendations or concerns that NMRIRB has identified.

Hearings

7.6.7 In the conduct of its public hearings under these provisions, a panel shall be bound mutatis mutandis by sections 7.2.25, 7.2.27 and 7.2.28. The panel's powers, including any powers of subpoena, shall not be less than those available to federal environment assessment and review panels established under laws of general application.

Relevant Factors

7.6.8 The panel, when assessing any project proposal, shall take into account all matters that are relevant to its mandate, including as appropriate those matters listed in section 7.5.5.

Report

7.6.9 Upon completion of its review, the panel shall forward its report to the Minister of the Environment and the Minister, who shall make it public and who shall forward a copy to NMRIRB.

7.6.10 Upon receipt of the report of the panel, NMRIRB shall have sixty (60) days to review the report and forward its findings and conclusions to the Minister with respect to ecosystemic and socio-economic impacts in the NMR, NMRIRB may identify deficiencies in the panel report, additional terms, conditions and mitigative measures that should be attached to any project approval, additional data requirements, and any other conclusions deemed pertinent by NMRIRB including whether or not the project proposal should proceed. In so doing, NMRIRB shall be guided by the primary objectives set out in section 7.2.5.

7.6.11 Upon receipt of the panel report and the recommendations of NMRIRB, the Minister shall:

1. accept the report with the terms and conditions proposed by the panel insofar as they apply to the NMR;

2. accept the report insofar as it applies to the NMR with modifications proposed by NMRIRB; or

3. reject the panel report or any part thereof insofar as it applies to the NMR on the following grounds:

   1. the project proposal should be rejected on the grounds that the proposal is not in the national or regional interest, in which case the proponent shall be so advised by the Minister,

   2. the project proposal should be allowed to proceed because of its importance in the national or regional interest, in which case NMRIRB shall consider the terms and conditions with respect to the NMR which should be attached to any approval, or

   3. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level of ecosystemic or socio-economic impacts of the project, in which case NMRIRB shall thereupon reconsider the terms and conditions with respect to the NMR in the light of the Minister's objections.

7.6.12 In considering or reconsidering the terms and conditions of a project approval, NMRIRB shall, within thirty (30) days or such other period as agreed upon with the Minister, report back to the Minister, with respect to the terms and conditions which should be attached to any project approval.

7.6.13 Upon receipt of NMRIRB's report further to section 7.6.12, the Minister shall:

1. accept the terms and conditions; or

2. reject or vary the terms and conditions, in whole or in part, on the grounds that:

   1. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and socioeconomic impacts in the NMR; or

   2. the terms and conditions with respect to the NMR are so onerous that they would undermine the viability of a project which is in the national or regional interest.

7.6.14 The Minister shall supply NMRIRB with written reasons for every decision insofar as it applies to the NMR.

7.6.15 The role of NMRIRB with respect to any federal environmental assessment panel report shall be confined to those parts of that report that are applicable to or affect the NMR.

7.6.16 Notwithstanding sections 7.6.11 and 7.6.13, the panel's report or NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in sections 7.6.11 and 7.6.13.

7.6.17 Upon completion of the process described in sections 7.6.1 to 7.6.16, NMRIRB shall issue a NMRIRB project certificate including any terms and conditions which have been accepted or varied by the Minister.

Part 7.7: Monitoring

Project Monitoring

7.7.1 The terms and conditions contained in:

1. a NMRIRB project certificate issued pursuant to sections 7.5.12 or 7.6.17;

2. a recommendation of NMRIRB pursuant to paragraph 7.4.4 (a); or

3. any approvals issued by the NWB, may provide for the establishment of a monitoring program for that project which may specify responsibilities for the proponent, NMRIRB or Government.

7.7.2 The purpose of a monitoring program set up pursuant to section 7.7.1 shall be:

1. to measure the relevant effects of projects on the ecosystemic and socio-economic environments of the NMR;

2. to determine whether and to what extent the land or resource use in question is carried out within the predetermined terms and conditions;

3. to provide the information base necessary for agencies to enforce terms and conditions of land or resource use approvals; and

4. to assess the accuracy of the predictions contained in the project impact statements.

7.7.3 Without limiting the generality of section 7.7.2, the monitoring program set up pursuant to that section may include:

1. a requirement that regulatory agencies and the proponent supply NMRIRB with reports and information respecting project operations and impacts, and the implementation of mitigative measures;

2. a requirement for a periodic evaluation by NMRIRB of monitoring programs for projects; and

3. based on paragraph (b), a requirement that NMRIRB compile a report on the adequacy of the monitoring program and on the ecosystemic and socioeconomic impacts of the project.

7.7.4 Responsible government agencies and departments shall continue to fulfill their responsibilities for monitoring and data collection. Any monitoring responsibilities assigned to NMRIRB shall not be a duplication of those functions.

7.7.5 Any monitoring program established for a project under section 7.7.1 shall be designed so as to avoid duplication of duties and to facilitate coordination of monitoring activities and may, in addition to any other relevant matters, provide for the variables to be monitored and the program specifications.

General Monitoring

7.7.6 There is a requirement for general monitoring to collect and analyse information on the long term state and health of the ecosystemic and socio-economic environment in the NMR. Government, in co-operation with the NMRPC, shall be responsible for developing a general monitoring plan and for directing and co-ordinating general monitoring and data collection. The NMRPC shall:

1. in accordance with the plan, collate information and data provided by, amongst others, industry, government departments and agencies;

2. in accordance with the plan, report periodically on the ecosystemic and socio-economic environment of the NMR; and

3. use the information collected under paragraphs (a) and (b) to fulfill its existing responsibilities under Article 6.

7.7.7 The NMRPC may delegate any or all of its functions under this Part to members of the NMRPC or officers or employees of the NMRPC.

Part 7.8: Flexibility in Relation to Certificates

7.8.1 NMRIRB project certificates issued under either sections 7.5.12 or 7.6.17 may contain terms and conditions expressed to come into force at some time in the future or on the happening of any particular event or contingency.

7.8.2 NMRIRB may on its own account or upon application by a MDO, the proponent, or other interests, reconsider the terms and conditions contained in the NMRIRB certificate if it is established that:

1. the terms and conditions are not achieving their purpose;

2. the circumstances relating to the project or the effect of the terms and conditions are significantly different from those anticipated at the time the certificate was issued; or

3. there are technological developments or new information which provide a more efficient method of accomplishing the purpose of the terms and conditions.

7.8.3 Where the Minister determines that any of the conditions in paragraph 7.8.2 (a), (b) or (c) have been established, NMRIRB shall reconsider the terms and conditions contained in a certificate, and NMRIRB shall produce a report of its reconsideration. The Minister may accept, reject or vary that report only on the grounds specified in section 7.6.13. NMRIRB shall amend its certificate to reflect any changes as accepted, rejected or varied by the Minister.

7.8.4 For greater certainty, section 7.5.4 applies to a reconsideration by NMRIRB pursuant to section 7.8.2 or 7.8.3.

Part 7.9: Implementation

7.9.1 Subject to section 7.9.3, the terms and conditions of NMRIRB project certificates shall be implemented by all government departments and agencies in accordance with their authorities and jurisdictional responsibilities.

7.9.2 Without limiting the generality of section 7.9.1, the terms and conditions of NMRIRB project certificates shall, in accordance with the authorities and jurisdictional responsibilities of government departments and agencies, be incorporated in relevant permits, certificates, licences or other government approvals that the proponent may require. Government departments and agencies shall discuss with NMRIRB how best to implement the terms and conditions of NMRIRB project certificates and may provide NMRIRB with drafts of permits, certificates, licences and other government approvals.

7.9.3 Where an independent decision of a regulatory board contains terms and conditions at variance with the terms and conditions of a NMRIRB project certificate, the regulatory board shall provide reasons to the Government and NMRIRB justifying the difference. The Governor-in-Council shall consider both the independent decision of the regulatory board and the NMRIRB project certificate. The NMRIRB project certificate shall prevail unless:

1. with respect to an independent decision of a regulatory board where Government does not have the authority to vary that decision, it is in the national or regional interest that the project proceed; or

2. with respect to any other independent decision of a regulatory board, the project is considered to be in the national or regional interest and the acceptance of the terms and conditions in the NMRIRB project certificate would undermine the viability of the project; or

3. an amendment to the NMRIRB project certificate is accepted pursuant to section 7.8.3.

If the NMRIRB project certificate does not prevail, the appropriate terms and conditions contained in the NMRIRB project certificate shall be amended accordingly.

7.9.4 In this Part, "independent decision of a regulatory board" means a decision made by a statutory body in the exercise of regulatory or licensing powers in the course of which the body is not subject to specific direction or control by Government; a decision does not cease to be an independent decision of a regulatory board merely because that decision is subject to a general direction whether by guidelines, regulations or directives or to approval, variance or rescission by Government.

7.9.5 A decision ceases to be an independent decision of a regulatory board for the purposes of this Part where Government has varied such a decision prior to considering the conflict between the decision and the NMRIRB certificate.

7.9.6 Where there is conflict between any NMRIRB project certificate and a decision of a regulatory board not falling within section 7.9.3, the NMRIRB project certificate shall prevail.

7.9.7 A licence, permit, certificate or other governmental approval which implements or incorporates any term or condition of a NMRIRB project certificate may not be called into question in a court of law on the grounds that the issuing agency thereby fettered its discretion or otherwise acted without jurisdiction, when implementing any term or condition of a NMRIRB project certificate.

7.9.8 Nothing in sections 7.9.1 to 7.9.7 shall preclude any regulatory or government agency from reviewing a project and imposing additional or more stringent terms and conditions, or from refusing to issue a licence or approval that would be required in order to allow a proposed project to proceed.

7.9.9 The duty to implement referred to in section 7.9.1 does not include an obligation on Government to amend legislation.

7.9.10 NMRIRB and the NMRPC shall, unless they specify otherwise, receive copies of all approvals, regulatory or otherwise, for projects for which NMRIRB has issued a certificate.

Part 7.10: Enforcement

Projects Not to Proceed

7.10.1 No licence or approval that would be required in order to allow a proposed project to proceed shall be issued in respect of a project that is to be screened by NMRIRB until the screening has been completed and, if a review pursuant to Part 5 or 6 is to be conducted, until after that review has been completed and a NMRIRB project certificate has been issued by NMRIRB pursuant to these provisions.

Exceptions

7.10.2 Notwithstanding section 7.10.1, where a project proposal has been referred for review pursuant to Part 5 or 6, approvals or licences for exploration or development activities related to that project may be issued if:

1. the activity falls within Schedule 7-1; or

2. the activity can, in the judgement of NMRIRB, proceed without such a review.

Continuing Responsibilities

7.10.3 Where permits, certificates, licences or other government approvals which implement or incorporate the terms and conditions of a NMRIRB project certificate have been issued, the responsible government department or agency shall continue to be responsible for the enforcement of the permit, certificate, licence or other government approval.

7.10.4 Responsible government departments and agencies shall apply effective techniques at their disposal for enforcement under section 7.10.3 and in applying such techniques, they shall not be confined to prosecution or to the suspension of any permit, certificate, licence or other government approval.

Standing

7.10.5 In addition to any person or body that is recognized by laws of general application as having standing to seek a court determination, a MDO shall have standing before an appropriate court:

1. to seek a determination as to whether any term or condition contained in a NMRIRB certificate has been implemented, and any remedy deemed appropriate by the court if the term and condition has not been implemented;

2. to obtain a court order compelling a person to do or prohibiting a person from doing whatever that person is, by any licence, approval, permit or contract implementing any terms or conditions of a NMRIRB certificate, required to do or prohibited from doing; or

3. to seek judicial review of decisions and orders, whether interim or final, made pursuant to this Article.

Part 7.11: Transboundary Impacts

Transboundary Impacts

7.11.1 NMRIRB may upon request by Government or, with the consent of Government, upon request by a MDO, review a project proposal located outside of the NMR which may have significant adverse ecosystemic or socioeconomic effects on the NMR.

7.11.2 Without limiting the jurisdiction of NMRIRB or CEAA as set out in this Article, the Government of Canada and the Territorial Government, assisted by NMRIRB, shall use their best efforts to negotiate agreements with other jurisdictions to provide for collaboration in the review of project proposals which may have significant transboundary ecosystemic or socio-economic impacts.

Part 7.12: Application

Geographic Application

7.12.1 This Article shall apply to Nunavik Inuit Lands.

7.12.2 This Article shall apply to both land and marine areas within the NMR. Shipping associated with project proposals in the NMR shall be subject to this Article. However, normal community resupply or individual ship movements not associated with project proposals shall not be subject to Parts 4, 5 and 6.

7.12.3 This Article applies to the installations, facilities and activities required for the purpose of national defence. However, such installations, facilities and activities will be exempted from these provisions on an exceptional basis upon certification by the Minister of National Defence that an exemption is required in the interests of national security for reasons of confidentiality or urgency.

Limitations

7.12.4 No term or condition which is in contravention of any standards established by any federal or territorial environmental or socio-economic laws of general application, may be imposed pursuant to this Article.

7.12.5 Decisions made pursuant to these provisions shall be designed, implemented and interpreted in a manner consistent with Article 5.

No Statutory Defence

7.12.6 The issuance of a NMRIRB project certificate shall not provide a defence of statutory authorization to an action in tort.

Schedule 7-1: Types of Project Proposals Exempt From Screening

(Sections 7.3.2, 7.3.3, 7.3.5, 7.10.2)

1. Land use activities not requiring a permit or authorization from the Government of Canada or Territorial Government.

2. Land use activities requiring only a Class B permit under the Territorial Land Use Regulations (SOR/77-210 4 March 1977).

3. All construction, operation and maintenance of all buildings and services within an established municipality, except for bulk storage of fuel, power generation with nuclear fuels, or hydro power and any industrial activity.

4. All hotels, motels or tourist facilities of twenty (20) beds or less outside the oundaries of a municipality.

5. Water uses that do not require a public hearing under section 13.7.3 of NLCA.

6. Prospecting, staking or locating a mineral claim unless it requires more than a Class B permit mentioned in item 2.

7. Such other categories of activities and projects as may be agreed upon by NMRIRB and the appropriate Minister.

Article 8: Nunavik Inuit Lands

Part 8.1: Definitions

8.1.1 In this Article:

"Bed"

of a body of water means the land covered so long by water as to wrest it from vegetation or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself;

"Contaminated site"

means a site where persons have abandoned or disposed of substances of such a nature and in such a manner, quantity or concentration that the substances constitute or are likely to constitute a danger to human life or to the environment;

"Natural boundary"

means a boundary described in relation to the position of a natural feature;

"Ordinary high water mark or bank"

of a body of water means the limit or edge of its bed;

"Registrar"

means "Registrar" as defined in the Nunavut Land Titles Act and responsible for the NMR from time to time;

"Surveyor General"

means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized by the federal Minister of Natural Resources Canada to carry out any or all of the duties of the Surveyor General;

"tideland"

means the land between the lines of the ordinary high and low tides that are covered and uncovered successively by the ebb and flow of normal tides;

Part 8.2: Nunavik Inuit Lands

8.2.1 Nunavik Inuit Lands shall include:

1. any lands in the NMR identified as Nunavik Inuit Lands as provided in Schedules 8-1 and 8-3 of this Article;

2. any lands jointly owned with the Crees of Eeyou Istchee within the Joint Inuit/Cree Zone of the NMR as provided in Schedule 8-2;

3. any replacement lands provided in accordance with Part 12.4.

4. where Government agrees, lands acquired by Makivik or a MDO in the NMR subsequent to the Final Agreement.

Part 8.3: Nature of Title

8.3.1 Title to Nunavik Inuit Lands shall include:

1. all lands described in Schedules 8-1 to 8-3 above the ordinary high water mark but, for greater certainty, shall exclude the tidelands and the seabed;

2. the beds of rivers, streams, lakes and other bodies of water above the tidelands;

3. the mines and minerals that may be found to exist within, upon or under Nunavik Inuit Lands;

4. the strip of land one hundred (100) feet in width, measured from ordinary high water mark or from the boundary line which, absent this provision, would be reserved to the Crown pursuant to s. 13 of the Territorial Lands Act, R.S., c. T- 6, s.1.

8.3.2 Title vested pursuant to section 8.5.1 may be referred to as "Nunavik Inuit Title".

8.3.3 Nunavik Inuit Title is deemed to be held in the form of fee simple title. The form of title shall not be construed as having the effect of extinguishing or affecting any rights recognized and affirmed by s.35 of the Constitution Act, 1982:

1. in the NMR of Nunavik Inuit, and

2. in the Cree/Inuit Overlap Area of Crees of Eeyou Istchee.

8.3.4 For greater certainty, Nunavik Inuit Lands shall be held for and on behalf of all Nunavik Inuit and not for an individual Nunavik Inuk or individual Nunavik Inuit communities.

Part 8.4: Disposition of Interests

8.4.1 Subject to sections 8.4.2, 8.4.3 and 8.4.6 Nunavik Inuit Lands shall not be conveyed, transferred or otherwise disposed of by the MDO unless approved by 75% of all eligible Nunavik Inuit voters in a referendum. Any expenses related to such referenda shall be solely the responsibility of Makivik.

8.4.2 A MDO may, without any requirement for a referendum, grant a lease, license or any other interest less than fee simple for a term of less than 75 years.

8.4.3 A MDO may, without any requirement for a referendum, grant any interest in Nunavik Inuit Lands to another MDO.

8.4.4 For Nunavik Inuit Lands in Zone C described in Schedule 8-3, the GDO shall enjoy a right of first refusal with respect thereto whereby the MDO cannot sell such Nunavik Inuit Lands without first providing the GDO with the opportunity to match the price and other terms and conditions of any proposed sale.

8.4.5 No person may acquire any estate or interest in Nunavik Inuit Lands by prescription, adverse possession or limitation of action.

8.4.6 The fee simple interest of a MDO in Nunavik Inuit Lands, while held by the MDO, is not subject to mortgage, attachment, charge, seizure, distress, execution or power of sale.

8.4.7 In addition to the provisions of Part 8.4, any disposition of lands identified in Schedule 8-2 are subject to section 5.7 of the Cree/Inuit Offshore Overlap Agreement.

Part 8.5: Vesting of Nunavik Inuit Lands Upon Ratification

8.5.1 Upon ratification of this Agreement, title to Nunavik Inuit Lands excluding lands referred to in Schedule 8-2 shall vest in the MDO, in accordance with Parts 8.3 and 8.4. The lands identified in Schedule 8-2 shall vest in the MDO and the GDO.

8.5.2 Upon ratification of this Agreement, Government shall deliver to the Registrar an original signed copy of this Agreement and notification that title to Nunavik Inuit Lands has been vested as described in section 8.5.1.

8.5.3 At the delivery of this Agreement and notification to the Registrar, pursuant to section 8.5.2, the Registrar shall treat the notification as if it were letters patent in favour of the MDO or jointly with the GDO, as the case may be, even if there is no plan of survey.

8.5.4 After the delivery of this Agreement in accordance with section 8.5.2, upon receipt of the notification pursuant to that section, the Registrar shall, in the ordinary course of operations, and without charge, record the vesting of title described in section 8.5.1 and shall issue certificate of title in the form set out in Schedule 8-4.

Part 8.6: Indemnification of Registrar

8.6.1 Canada shall indemnify the Registrar, the Government of Nunavut, or the latter's agents or employees for any liability arising directly or indirectly as a result of the inability of the Registrar to require a survey prior to recording the vesting of title in accordance with this Agreement.

8.6.2 Absent negligence by the Registrar, Canada shall indemnify the Registrar, the Government of Nunavut, or the latter's agents or employees for any liability arising, directly or indirectly, from the issuance of a certificate of title where the liability arises as a result of the lands not being within the jurisdiction of the Registrar.

Part 8.7: Property Descriptions, Surveys and Boundaries

8.7.1 Boundaries or part of the boundaries of Nunavik Inuit Lands may for any purpose be surveyed at Government's discretion.

8.7.2 Government shall be responsible for the cost of each legal survey that is conducted pursuant to section 8.7.1 provided that this provision shall not prevent Government from levying charges in respect of such surveys on any third party which is not a GDO whose lands abut Nunavik Inuit Lands.

8.7.3 Each boundary survey conducted pursuant to section 8.7.1 shall be conducted in accordance with the instructions of the Surveyor General and the Canada Lands Surveys Act, as if the lands were still Canada Lands.

8.7.4 Where a legal survey is completed for any boundary or any part of a boundary of Nunavik Inuit Lands, the plan of survey, when signed by the MDO, the GDO if applicable and Government and delivered to the Registrar, shall become the property description for that boundary or that part, replacing any previous property description of that boundary or that part, as of the effective date of this Agreement.

8.7.5 Government shall not be responsible for the costs of surveys associated with the leasing or subdivision of Nunavik Inuit Lands.

8.7.6 The MDO may parcel out one or more area of Nunavik Inuit Lands by way of a survey, descriptive plan or similar process approved by the Surveyor General. The Registrar shall, in the ordinary course of operations and without charge or formalities, record such parcel or area of Nunavik Inuit Lands and issue therefore a separate certificate of title to the MDO in the form set out Schedule 8-4, and shall thereafter record without charge or formalities any interest granted therein by the MDO.

8.7.7 A notice to the Registrar referencing this section from a MDO in which title to Nunavik Inuit Lands is vested that another MDO has full authority in respect of those lands shall be dealt with in all respects as if it were a grant of title from the former MDO to the other MDO, and the Registrar shall, within 30 days and without charge, issue therefor a new certificate of title in the name of the other MDO in the form set out in Schedule 8-4.

8.7.8 Subject to section 8.7.4, where a survey of Nunavik Inuit Lands is being conducted and where any natural boundary of Nunavik Inuit Lands is found to be unclear, the Surveyor General shall have the authority to define the mean position of the intended boundary by placing a series of monuments or other means.

8.7.9 Natural boundaries of Nunavik Inuit Lands along tidal waters shall be located at the ordinary high water mark of those tidal waters, unless otherwise indicated in an official plan of survey or other property description.

8.7.10 Notwithstanding sections 8.7.4 and 8.7.8 and the descriptions of lands in schedules 8-1 to 8-3, natural boundaries of Nunavik Inuit Lands shall move with the various natural processes of erosion and accretion, including isostatic rebound of coastal areas, and any other natural movement of the natural feature in relation to which the boundary is described that is gradual and imperceptible from moment to moment.

Part 8.8: Contaminated Sites

8.8.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands in the NMR, the program shall apply to such sites on Nunavik Inuit Lands that are listed in Schedule 8A of this Article as if the lands were Crown lands.

8.8.2 After the effective date of this Agreement, the parties may agree that a site not listed in Schedule 8A, was a contaminated site on the effective date of this Agreement and, upon consent of the parties, the list in Schedule 8A shall be considered to have been amended to include that site.

8.8.3 Any dispute as to whether a contaminated site existed on the effective date of this Agreement may be referred for resolution in accordance with Article 24 by a party. If a dispute goes to an arbitrator in accordance with Article 24 and if the arbitrator confirms that a site existed on the effective date of this Agreement, the list in Schedule 8A shall be considered to have been amended to include that site.

8.8.4 Government shall be responsible for the costs associated with any clean-up under section 8.8.1 on Nunavik Inuit Lands. This provision shall not prevent government from recovering from the person responsible for the contamination any costs associated with the clean-up of Nunavik Inuit Lands under section 8.8.1.

8.8.5 There shall be no compensation payable for damage which may be caused to Nunavik Inuit Lands as a result of the clean-up of Nunavik Inuit Lands under section 8.8.1

8.8.6 Government shall not be liable for any loss or damage to Nunavik Inuit, Makivik or a MDO from contaminated sites on Nunavik Inuit Lands whether or not they are known on the effective date of this Agreement. This provision does not affect any obligation of government under sections 8.8.1 and 8.8.4.

8.8.7 The Government of Canada has identified a contaminated site on Akpatok Island as per Schedule 8-1, D, parcel 3.

8.8.8 If the site referred to in section 8.8.7 is cleaned up, the Government of Canada shall transfer the said site to the MDO as Nunavik Inuit Lands.

Schedule 8A: Contaminated Sites (8.8.1, 8.8.2, 8.8.3)

Note: No contaminated sites identified as of the effective date of this Agreement.

Schedule 8-1: NMR Zone A

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, and the Areas of Equal Use and Occupancy of the Nunavut Land Claim Agreement (NLCA), as described in Schedule 27-1, the NMR Zone A, as illustrated in Schedule 8-1a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 2c of Schedule 28-1, on the boundary of Québec, south of Riviere Devaux, at the intersection of 56°42'51" N latitude and approximate 76°32'10" W longitude, for greater certainty being also point 12 of Schedule 2 of Schedule 28-1;

2. thence west following 56°42'51" N latitude to a point at the intersection with 76°37'21" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 11 of Schedule 2 of Schedule 28-1;

3. thence northwesterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°43'12" N latitude and 76°38'28" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 10 of Schedule 2 of Schedule 28-1;

4. thence west following 56°43'12" N latitude to a point at the intersection of 77°25' W longitude, coincident with the Nunavut Settlement Area (NSA), as defined in the NLCA, west of the Nastapoka Islands, for greater certainty being also point 9 of Schedule 2 of Schedule 28-1;

5. thence north, coincident with the NSA, following 77°25' W longitude to a point at the intersection of 57°00' N latitude, southeast of the King George Islands and west of the Nastapoka Islands, for greater certainty being also point 11 of Schedule 1 of Schedule 28-1;

6. thence northwesterly, coincident with the NSA, to a point at the intersection of 57°40' N latitude and 78°00' W longitude, for greater certainty being also point 12 of Schedule 1 of Schedule 28-1;

7. thence westerly, coincident with the NSA, to a point at the intersection of 58°00' N latitude and 79°45' W longitude, northwest of the Marcopeet Islands, for greater certainty being also point 15 of Schedule 3-2;

8. thence westerly, coincident with the NSA, to the intersection of 58°10' N latitude and 81°00' W longitude, southwest of Farmer Island, for greater certainty being also point 16 of Schedule 3-2;

9. thence northerly, following a geodesic line, coincident with the NMR, to a point at the intersection with 58°45'00" N latitude, at approximate 80°57'32" W longitude, northwest of Farmer island;

10. thence east, following 58°45'00" N latitude, to its intersection with 79°45'00" W longitude, north of the Marcopeet Islands and southeast of the Ottawa Islands;

11. thence north, following a geodesic line, to a point at the intersection of 60°00' N latitude and 79°45' W longitude, northeast of Bronson Island;

12. thence west, following 60°00' N latitude to a point at the intersection with the NMR, as defined in Schedule 3-2, at approximate 80°52' 50" W longitude, northwest of J. Gordon Island of the Ottawa Islands;

13. thence northerly, following a geodesic line, to the intersection of 62°00' N latitude and 80°45' W longitude, west of Mansel Island, being a point coincident with the NSA and, for greater certainty, being also point 17 of Schedule 3-2;

14. thence northeast, coincident with the NSA, to the intersection of 62°30' N latitude and 80°00' W longitude, northwest of Mansel Island, for greater certainty being also point 18 of Schedule 3-2;

15. thence northeasterly, coincident with the NSA, to the intersection of 63°00' N latitude and 77°40' W longitude, southeast of Nottingham Island, for greater certainty being also point 19 of Schedule 3-2;

16. thence northeasterly, coincident with the NSA, to the intersection of 63°12' N latitude and 77°00' W longitude, southeast of Nottingham Island and southwest of Salisbury Island;

17. thence northeasterly, coincident with the NSA, to the intersection of 63°25' N latitude and 76°10' W longitude, approximately equidistant between the northern Québec and Baffin Island coasts, east of Salisbury Island, for greater certainty being also point 23 of Schedule 3-2;

18. thence easterly, coincident with the NSA, to the intersection of 63°15' N latitude and 74°00' W longitude, north of Charles Island, for greater certainty being also point 24 of Schedule 3-2;

19. thence southeasterly, coincident with the NSA, to the intersection of 61°38' N latitude and 69°00' W longitude, northeast of Quaqtaq, Québec, for greater certainty being also point 25 of Schedule 3-2;

20. thence southeasterly, coincident with the NSA, to the intersection of 61°00' N latitude and 64°55' W longitude, northwest of the Button Islands, for greater certainty being also point 26 of Schedule 3-2;

21. thence southerly, following a geodesic line, to the intersection of 60°30'00" N latitude and 64°56'30" W longitude, west of Killiniq Island;

22. thence south, following 64°56'30" W longitude to its intersection with the boundary of Québec, at approximate 60°16'10" N latitude, southwest of the Qikirtagalait Islands;

thence westerly and southerly, along the boundary of Quebec, to the point of commencement.

Subject to Article 8 and in accordance with Schedule 28-1, all NMR Zone A islands, are Nunavik Inuit Lands, less the following:

1. Taylor Island per Certificate of Title Number 164, Nunavut Land Titles Office;

2. Digges Island: Eastern portion of Digges Island, encompassing approximately 7.4 square kilometers, subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1b;

3. Awrey Island: At approximate 62°08' N latitude and 79°16' W longitude.

4. Akpatok Island: The following three parcels:

   • Parcel 1, northern portion of Akpatok Island, encompassing approximately 52.3 square kilometers, located between Northeast Cliff and D'Aeth Point, subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1c;

   • Parcel 2, southern portion of Akpatok Island, encompassing approximately 56.1 square kilometers, located between Clutterbuck Head and Umiak Cove subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1d;

   • Parcel 3, subject to survey and approval by Makivik and Government, encompassing the abandoned exploration camp site north of Gregson Creek at approximate 60º 25' 35" N latitude and 68º 20' 01" W longitude.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-1a : NMR Zone A

Schedule 8-1b: NMR Zone A, Digges Island Exclusion Panel

Schedule 8-1c: NMR Zone A, Akpatok Island Exlusion Parcel 1

Schedule 8-1d : NMR Zone A, Akpatok Island Exlusion Parcel 2

Schedule 8-2: NMR Zone B

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, and the Areas of Equal Use and Occupancy of the Nunavut Land Claim Agreement (NLCA), as described in Schedule 27-1, the NMR Zone B, as illustrated on Schedule 8-2a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 2b of Schedule 28-1, on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55" N latitude and approximate 79°45' 00" W longitude;

2. thence northwesterly following the geodesic line to a point at the intersection of 54°46' N latitude and 80°00' W longitude, southwest of Long Island;

3. thence north following 80°00' W longitude to a point at the intersection of 55°00' N latitude, northwest of Long Island, being coincident with the Nunavut Settlement Area (NSA), as defined in the NLCA;

4. thence east, coincident with the NSA, following 55°00' N latitude to a point at the intersection with 79°45' W longitude, north of Long Island, for greater certainty being also point 6 of Schedule 1 of Schedule 28-1;

5. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°15' N latitude and 79°00' W longitude, northeast of Long Island and southwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 7 of Schedule 1 of Schedule 28-1;

6. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°45' N latitude and 78°00' W longitude, northwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 8 of Schedule 1 of Schedule 28-1;

7. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°00' N latitude and 77°30' W longitude, east of the Innetalling Island and northwest of Duck Island, for greater certainty being also point 9 of Schedule 1 of Schedule 28-1;

8. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°22' N latitude and 77°25' W longitude, east of the Salliquit Islands and west of the Nastapoka Islands, for greater certainty being also point 10 of Schedule 1 of Schedule 28-1;

9. thence, coincident with the NSA, due north following 77°25' W longitude to a point at the intersection of 56°43'12" N latitude, west of the Nastapoka Islands, for greater certainty being also point 4 of Schedule 4 of Schedule 28-1;

10. thence east, as illustrated in Schedule 2c of Schedule 28-1, following 56°43'12" N latitude to a point at the intersection of 76°38'28" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 3 of Schedule 4 of Schedule 28-1;

11. thence southeasterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°42'51" N latitude and 76°37'21" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 2 of Schedule 4 of Schedule 28-1;

12. thence east following 56°42'51" N latitude to a point at the intersection with the boundary of Québec south of Riviere Devaux, at approximate 76°32'10" W longitude, for greater certainty being also point 1 of Schedule 4 of Schedule 28-1;

thence in a general southerly direction following the boundary of Québec to the point of commencement.

Subject to Article 8, and in accordance with Article 28 and Schedule 28-1, all NMR Zone B lands, are jointly owned by the MDO and GDO, less the following:

1. Gillies Island per Certificate of Title 164, Nunavut Land Titles Office;

2. Long Island; Lot 1, Group 432, Plan 783, per Certificate of Title 13904, Nunavut Land Titles Office.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-2a: NMR Zone B

Schedule 8-3: NMR Zone C

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, the NMR Zone C, as illustrated on Schedule 8-3a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 1b of Schedule 28-1, on the boundary of Québec, south of Chisasibi, at the intersection of 53°45'31" N latitude and approximate 79°04'56" W longitude, for greater certainty being also point 1 of Schedule 1 of Schedule 28-1;

2. thence west following 53°45'31" N latitude to a point at the intersection of 79°06'55" W longitude, south of Tiny Island and north of locally known Aahchikuyaaniminishtikw Island, for greater certainty being also point 2 of Schedule 1 of Schedule 28-1;

3. thence northwesterly following the geodesic line to a point at the intersection of 54°00' N latitude and 80°50' W longitude, for greater certainty being also point 3 of Schedule 1 of Schedule 28-1;

4. thence northwesterly following the geodesic line to a point at the intersection of 54°30' N latitude and 81°20' W longitude, northwest of Bear Island, for greater certainty being also point 4 of Schedule 1 of Schedule 28-1;

5. thence northeasterly following the geodesic line to a point at the intersection of 55°00' N latitude and 81°00' W longitude, east of Cape Henrietta Maria, Ontario, being a point coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement, for greater certainty being also point 5 of Schedule 1 of Schedule 28-1;

6. thence east, coincident with the NSA, following 55°00' N latitude to a point at the intersection with 80°00' W longitude, northwest of Long Island, for greater certainty being point 3 of Schedule 2 of Schedule 28-1;

7. thence south along 80°00' W longitude to the intersection of 54°46' N latitude, southwest of Long Island, for greater certainty being point 2 of Schedule 2 of Schedule 28-1;

8. thence southeasterly, as illustrated on Schedule 2b of Schedule 28-1, following the geodesic line to a point on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55" N latitude and approximate 79°45' 00" W longitude; for greater certainty being point 1 of Schedule 2 of Schedule 28-1;

thence generally southerly following the boundary of Québec to the point of commencement.

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the NLoi sur les titres biens-fondsunavik Inuit as described in Schedule 6 and illustrated in Schedule 6a of Schedule 28-1, the following are the only Nunavik Inuit Lands within NMR Zone C :

1. Grass Island (Aamishkushiiunikaach) of which the centre is located at approximately 53°47'50" N latitude and 79°06'40" W longitude; and

2. the lands bounded within the following coordinates:

   1. 53°50'06" N Latitude and 79°07'59" W Longitude;

   2. 53°50'13" N Latitude and 79°04'11" W Longitude;

   3. 53°49'46" N Latitude and 79°04'27" W Longitude;

   4. 53°49'40" N Latitude and 79°05'00" W Longitude;

   5. 53°49'25" N Latitude and 79°05'35" W Longitude;

   6. 53°49'31" N Latitude and 79°07'20" W Longitude;

   7. 53°49'49" N Latitude and 79°08'00" W Longitude;

For greater certainty, included within the bounded area are the following named islands:

• Governor Island: the centre of which is located at approximately 53°49'45" N latitude and 79°06'00" W longitude (locally known as Uchimaauminishtikw);

• Sam Island: the centre of which is located at approximately 53°50'00" N Latitude and 79°06'00" W Longitude; and

• Seal Islands: the centre of which is located at approximately 53°49'45" N latitude and 79°07'30" W longitude (locally known as Aahchikuminishtikw).

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-3a: NMR Zone C

Schedule 8-4: Form of Certificate of Title

NUNAVUT REGISTRATION DISTRICT

NUNAVIK INUIT LANDS

Pursuant to

Previous Title

Certificate No.

Land Titles Act, R.S.N.W.T., 1988, c. 8 as enacted for Nunavut pursuant to the Nunavut Act, S.C. 1993, c. 28

Certificate of Title
(General)

Nunavut

This is to certify that


is (are) now the owner(s) of an estate in fee simple of and in

NUNAVIK INUIT LANDS

(Land description)

INCLUDING MINES AND MINERALS

As provided in the Nunavik Inuit Land Claims Agreement Act (Canada), subject to the rights, interests and all other terms in the Act, and

subject to the encumbrances and interests, if any, endorsed on the reverse side of this certificate.

Signed and sealed YYYY-MM-DD

Postal address of owner
(Postal address)
Registrar

______________________
Nunavut Registration District

(List details of registration and brief particulars of encumbrances and interests on reverse)

Article 9: Purposes of Nunavik Inuit Lands

9.1 The primary purpose of Nunavik Inuit Lands shall be to provide Nunavik Inuit with rights in land that promote economic self-sufficiency of Nunavik Inuit through time, in a manner consistent with Nunavik Inuit social and cultural needs and aspirations.

9.2 To achieve the above, Nunavik Inuit Lands shall include areas with the following characteristics, not in any order of priority:

1. areas of value principally for renewable resource reasons, including:

   1. areas of current or potential Nunavik Inuit wildlife harvesting;

   2. areas of significant biological productivity or of value for conservation purposes;

   3. areas of high potential for propagation, aquaculture, cultivation or husbandry;

   4. areas of current or potential occupation for Nunavik Inuit campsites;

   5. areas of important Nunavik Inuit travel routes;

   6. areas of value for tourism development including outfitting campsites and for other tourist opportunities; and

   7. areas of value for other forms of renewable resource development and related infrastructure including hydroelectric and tidal power generation.

2. areas of value for non-renewable resources and for development of nonrenewable resources, including:

   1. areas of known or potential mineral deposits;

   2. sand, gravel and other construction materials;

   3. areas of value for various operations and infrastructure associated with the development of non-renewable resources; and

   4. deposits of carving stone;

3. areas of other commercial value;

4. areas of archaeological or historical significance to Nunavik Inuit; and

5. areas of cultural, religious or spiritual significance to Nunavik Inuit.

9.3 The parties agree that the provisions of this Article have been complied with in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

9.4 Neither Government nor Inuit shall have a claim or a cause of action based on noncompliance with this Article in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

Article 10: Principles to Guide the Identification of Nunavik Inuit Lands

10.1 The primary principle to guide the process for the identification of Nunavik Inuit Lands shall be to provide Nunavik Inuit with maximum opportunity to identify such areas in pursuit of the purposes of Nunavik Inuit Lands. Subject to this primary principle, the identification process for Nunavik Inuit Lands shall take into account the following:

1. identification may take place in areas subject to third party interests; any rights or interests of third parties affected shall be dealt with equitably; the identification may be made on a case-by-case basis;

2. in general, identification shall not include areas subject to third party interests in the form of fee simple estates in private hands;

3. on a case by case basis, identification may not extend to lands needed to ensure an amount reasonably representative of the topography and quality of lands, and lands accessible for public purposes including recreation and wildlife harvesting, the needs for which clearly become apparent to both Nunavik Inuit and Government during the identification process;

4. areas may be identified in all lands currently required, or foreseeably required, for protected areas, archaeological sites or similar categories of lands dedicated for the protection of wildlife or wildlife habitat or for recreational or cultural purposes, provided that:

   1. such areas shall be subject to provisions of this Agreement and, if applicable, laws of general application; and

   2. certain areas within areas of particular archaeological, historical or cultural significance to non-Nunavik Inuit may not be identified;

5. lands may be identified in areas of overlapping use and occupation with aboriginal claimant groups as defined in Article 27 but the title shall not vest pursuant to Article 8 until issues relating to such overlap are resolved;

6. on a case-by-case basis, identification may not extend to certain areas required at present, or in the reasonably foreseeable future, for specific government facilities or installations;

7. on a case-by-case basis, identification may not extend to lands needed for public purposes or utilities, the need for which clearly becomes apparent to both Nunavik Inuit and government during the identification process;

8. in general, areas shall be identified so as to avoid undue fragmentation.

10.2 Notwithstanding the above, during the land identification process, Nunavik Inuit shall have the right to identify lands containing known deposits of carving stone as Nunavik Inuit Lands.

10.3 The parties agree that the provisions of this Article have been complied with in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

10.4 Neither Government nor Inuit shall have a claim or a cause of action based on noncompliance with this Article in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

Article 11: Protected Areas

Part 11.1: Definitions

11.1.1 In this Article:

"protected area"

means any of the following areas, other than a Marine Protected Area, when established in the NMR under legislation:

1. National Marine Conservation Areas;

2. National Marine Conservation Area Reserves;

3. National Parks

4. National Park Reserves;

5. National Historic Sites when owned and administered by Parks Canada Agency;

6. Territorial Parks;

7. Migratory Bird Sanctuaries;

8. National Wildlife Areas including protected marine areas; and

9. other areas of particular significance for ecological, cultural, archaeological, research and similar reasons.

11.1.2 The remuneration and expenses incurred by the conciliator under this Article shall be borne by the Government of Canada.

Part 11.2: Establishment of Protected Areas

11.2.1 The establishment of protected areas and the amendment of boundaries of protected areas shall be in conformity with an applicable land use plan, if any.

11.2.2 No land use plan shall apply within or amend the boundaries of protected areas once established.

11.2.3 Development impact assessment shall apply to project proposals in protected areas.

11.2.4 Except for National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves, the establishment, disestablishment or changing of the boundaries of protected areas is subject to the approval of the NMRWB pursuant to paragraph 5.2.4 (a).

11.2.5 In addition to the approval of the NMRWB, as referred to in section 11.2.4, the establishment, disestablishment or changing of the boundaries of protected areas on Nunavik Inuit Lands is subject to the approval of a MDO.

11.2.6 The establishment, disestablishment or changing of the boundaries of National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves shall be done in consultation with a MDO.

11.2.7 Notwithstanding section 11.2.6, in the case of emergency, Government may establish, disestablish or change the boundaries of a protected area without consulting a MDO. Government shall advise the MDO as soon as possible after the establishment, disestablishment or changing of the boundaries of the protected area on the necessity of the action and the terms and conditions attached thereto.

Part 11.3: Planning and Management of Protected Areas

11.3.1 Government and Makivik agree to the general desirability of involving Nunavik Inuit in the planning and management of protected areas. Accordingly, in addition to all other rights and benefits in this Article, a MDO shall be consulted in the planning and management of protected areas.

11.3.2 A joint Nunavik Inuit/Government management advisory committee ("committee") shall be established through an Impact and Benefits Agreement for each protected area when requested either by Government or a MDO.

11.3.3 If established, the committee shall consist of equal numbers of members appointed by the appropriate MDO and the appropriate Minister.

11.3.4 A committee may advise the Minister or the Minister's designate, the NMRWB, or other agencies, as it deems appropriate, on all matters related to protected areas management.

11.3.5 Management plans for a protected area shall be developed by Government within five (5) years of the establishment of the protected area. Such plans shall be based on the recommendations of the committee, where such a committee is established, taking into account the recommendations of other interested persons and bodies. Upon review by the committee, such plans shall be forwarded to the Minister for consideration, and approval. Such plans shall be reviewed and may be revised as provided in the plan.

11.3.6 Each committee shall prepare an annual operating budget to be forwarded to Government for consideration and approval. Government shall pay the approved annual operating expenses of the committee.

Part 11.4: Impact and Benefit Agreements (IBAs)

11.4.1 No protected area shall be established until the obligations set out in sections 11.4.2 and 11.4.3 have been complied with.

11.4.2 Prior to the establishment of a protected area, Government and a MDO shall negotiate, in good faith, for the purpose of concluding an IBA. An IBA negotiated under this Article shall include any matter connected with the proposed protected area where that matter would have a detrimental impact on Nunavik Inuit, or could reasonably confer a benefit on Nunavik Inuit. In particular, but without limiting the generality of the foregoing, the matters identified in Schedule 11-1 and Schedule 11-2 shall be considered appropriate for negotiation and inclusion within an IBA in relation to a federal protected area and a territorial protected area respectively.

11.4.3 If the Government responsible for the establishment of the protected area and the MDO cannot agree on the terms of an IBA within 180 days or such further period of time as Government and the MDO may agree, they shall select a conciliator who shall submit a report to the Government and the MDO for consideration. If the Government and the MDO cannot agree following conciliation, the conciliator, Government and Makivik shall each submit a separate report to the Minister for his consideration and decision on the terms of the IBA.

11.4.4 Notwithstanding sections 11.4.1 and 11.4.2, the obligation to conclude an IBA with respect to protected areas shall:

1. not apply to a protected area so long as the protected area does not raise any matter that would have a detrimental impact on Nunavik Inuit or that could reasonably confer a benefit on Nunavik Inuit; and

2. apply in any situation where it is intended that a protected area established for one purpose be re-established for a different purpose where such reestablishment would have a detrimental impact on Nunavik Inuit or could reasonably confer a benefit on Nunavik Inuit.

11.4.5 Notwithstanding sections 11.4.1 and 11.4.2, in cases of emergency, such as the establishment of a critical wildlife area, the IBA may be concluded immediately following, rather than prior to, the establishment of the protected area.

11.4.6 Except where an IBA in good standing indicates otherwise, every IBA shall be renegotiated at least every seven (7) years.

Part 11.5: Marine Protected Areas

11.5.1 Government and Makivik agree to the general desirability of involving Nunavik Inuit in the planning and management of Marine Protected Areas.

11.5.2 The establishment of Marine Protected Areas and the amendment of boundaries of Marine Protected Areas shall be in conformity with an applicable land use plan, if any.

11.5.3 No land use plan shall apply to or within the boundaries of Marine Protected Areas once established.

11.5.4 Development impact assessment shall apply to project proposals in Marine Protected Areas.

11.5.5 The establishment, disestablishment or changing of the boundary of a Marine Protected Area is subject to the approval of the NMRWB pursuant to paragraph 5.2.4 (a).

11.5.6 Where Government and the NMRWB agree to establish a Marine Protected Area, the establishment of the Marine Protected Area shall, except as otherwise provided in Part 11.5, first require the development of:

1. a management plan for the Marine Protected Area; and

2. a Marine Protected Area agreement.

11.5.7 For greater certainty, and except as provided for in section 11.5.11, a Marine Protected Area cannot be established without the agreement of Government and the NMRWB.

11.5.8 Where Government and the NMRWB are unable to agree on the contents of the management plan, the parties shall enter into conciliation. In the event that Government and the NMRWB cannot agree on the selection of a conciliator, the Minister may select a conciliator. If Government and the NMRWB cannot agree on the content of the management plan following the conciliation, the conciliator, Government and the NMRWB shall each submit a separate report to the Minister for the Minister's consideration and decision on the contents of the management plan.

11.5.9 Prior to the establishment of a Marine Protected Area, Government and Makivik, unless they otherwise agree, shall attempt to negotiate a Marine Protected Area agreement with respect to those matters set forth in Schedule 11-3. Where Government and Makivik are unable to achieve an agreement through negotiation, they shall enter into conciliation. In the event that Government and Makivik cannot agree on the selection of a conciliator, the Minister may select a conciliator. If Government and Makivik cannot agree to a Marine Protected Area agreement following conciliation, the conciliator, Government and Makivik shall each submit a separate report to the Minister for the Minister's consideration and recommendation to the parties on the matters set forth in Schedule 11-3.

11.5.10 A failure of the parties to achieve a Marine Protected Area agreement following completion of the process set out in section 11.5.9 shall not preclude establishment of a Marine Protected Area.

11.5.11 Notwithstanding anything else in Part 11.5, in cases of emergency, Government may create a Marine Protected Area without following the process otherwise set out in Part 11.5 in which event Government shall advise the NMRWB as soon as possible after creating the Marine Protected Area on the necessity of the action and the terms and conditions attached to the Marine Protected Area.

Part 11.6: Nunavik Inuit Access

11.6.1 In addition to any other rights of access and use enjoyed by or flowing to Nunavik Inuit, Nunavik Inuit have entry to protected areas and Marine Protected Areas at no cost.

Part 11.7: Information

11.7.1 Government shall make available Inuktitut translations of its publications that are aimed at informing the Canadian public about protected areas and Marine Protected Areas. Any information disseminated or communicated to the public within any protected area and any Marine Protected Area shall be equally prominent in Inuktitut and in one or more of Canada's official languages.

Part 11.8: Dedication

11.8.1 Appropriate recognition shall be made of Nunavik Inuit history and presence as part of the process of the establishment and operation of a protected area or Marine Protected Area.

Part 11.9: Interpretation

11.9.1 In the event of any conflict between this Article and Article 5, Article 5 shall prevail.

Schedule 11-1: Matters Appropriate for Impact and Benefit Agreements in Relation to Federal Protected Areas

1. Management advisory committee.

2. Employment rotation reflecting Nunavik Inuit needs and preferences.

3. Business opportunities for Nunavik Inuit in relation to all protected areas services and facilities including:

   1. provision of expert advice; and

   2. tourist packages and promotion.

4. Language of work in protected areas services and facilities.

5. Nunavik Inuit access to protected areas services and facilities.

6. Important environmental concerns, particularly disruption of wildlife, including measures for protection and conservation.

7. Nunavik Inuit campsites.

8. Insofar as use of the protected area affects Nunavik Inuit, such matters as:

   1. land use activities permitted in the protected area;

   2. zones and other matters requiring special protection, limitations or restrictions on use;

   3. types, forms and modes of technology and transportation permitted; and

   4. protection and management of archaeological sites and sites of religious or cultural significance.

9. The information flow and interpretation including liaison between Nunavik Inuit and the appropriate protected area agency regarding protected areas cooperative management and Nunavik Inuit participation and concerns.

10. Relationship to prior and subsequent IBAs.

11. Arbitration and amendment provisions.

12. Implementation and enforceability.

13. Any other matters the parties consider to be relevant to the needs of the protected area and Nunavik Inuit.

Schedule 11-2: Matters Appropriate for Impact and Benefit Agreements in Relation to Territorial Protected Areas

1. Management advisory committee.

2. Nunavik Inuit access to protected areas services and facilities.

3. Important environmental concerns, particularly disruption of wildlife, including measures for protection and conservation.

4. Nunavik Inuit campsites.

5. Insofar as use of the protected area affects Nunavik Inuit, such matters as:

   1. land use activities permitted in the protected area;

   2. zones and other matters requiring special protection, limitations or restrictions on use;

   3. types, forms and modes of technology and transportation permitted; and

   4. protection and management of archaeological sites and sites of religious or cultural significance.

6. The information flow and interpretation including liaison between Nunavik Inuit and the appropriate protected area agency regarding protected areas cooperative management, and Nunavik Inuit participation and concerns.

7. Relationship to prior and subsequent IBAs.

8. Arbitration and amendment provisions.

9. Implementation and enforceability.

10. Any other matters the parties consider to be relevant to the needs of the protected area and Nunavik Inuit.

Schedule 11-3: Matters for Possible Inclusion in the Marine Protected Area Agreement in Relation to Marine Protected Areas

1. Contracting opportunities with Government for Nunavik Inuit in relation to Marine Protected Area activities and services, particularly enforcement, research and monitoring.

2. Employment opportunities with Government for Nunavik Inuit arising from the Marine Protected Area, particularly enforcement, research and monitoring.

3. Any effects of the Marine Protected Area on Nunavik Inuit uses of that area.

4. Communication strategy.

5. Dispute resolution procedure and amendment provisions.

6. Implementation of the Marine Protected Area agreement.

7. Any other matters the parties consider to be relevant.

Article 12: Entry and Access

Part 12.1: General

12.1.1 Except as otherwise provided for in this Agreement, a person other than a Nunavik Inuk may not enter, cross or remain on Nunavik Inuit Lands without the consent of the MDO.

12.1.2 For greater certainty, a Nunavik Inuk and Nunavik Inuit may enter, cross or remain on Nunavik Inuit Lands at any time.

Part 12.2: Public Access

12.2.1 The public has a right of access to a 100 foot (approximately 30.5 metre) strip of Nunavik Inuit Lands bounding the sea coast, navigable rivers and navigable lakes that can be entered from the said rivers. The said strip shall be measured from the ordinary high water mark of the sea coast and the said navigable rivers, lakes and water bodies. The right of access includes access to the foreshore adjacent to the said strip.

12.2.2 No person exercising the right of access referred to in section 12.2.1 shall establish camps or structures other than for merely casual or temporary purposes, engage in any development activity or harvest on the said strip.

12.2.3 Where the MDO requires exclusive possession, the right of access referred to in section 12.2.1 and the right to cross Nunavik Inuit Lands referred to in section 12.2.6 may be removed with the agreement of the MDO and Government.

12.2.4 A member of the public may enter and remain on Nunavik Inuit Lands for emergency purposes.

12.2.5 A member of Parliament, the Legislative Assembly, or any municipal council or regional government, or a candidate for election to any of such bodies, or a person accompanying and assisting any such member or candidate, may enter on Nunavik Inuit Lands for the purpose of campaigning for an official election.

12.2.6 Members of the public may cross Nunavik Inuit Lands for the purpose of personal or casual travel, such as to go to or from their place of work or to or from a place of recreation. Whenever possible, crossings shall take place on routes designated by the MDO. The right to cross shall include the right to make any necessary stops.

12.2.7 With the consent of the MDO, persons conducting research for any purposes other than those referred to in section 12.3.6 shall have a right of access to Nunavik Inuit Lands in accordance with terms and conditions imposed by the MDO, other than the payment of fees.

12.2.8 The rights of access to Nunavik Inuit Lands set out in Part 12.2 is subject to the conditions that there be:

1. no significant damage caused whether by way of physical alteration to the land or otherwise;

2. no mischief committed; and

3. no significant interference with Nunavik Inuit use and quiet enjoyment of such lands.

12.2.9 Persons exercising rights under Part 12.2 shall be:

1. liable for damages caused to the lands; and

2. deemed to be trespassers and may be removed from the land, if they fail to comply with the conditions of Part 12.2.

12.2.10 The rights of access to Nunavik Inuit Lands under Part 12.2 are not subject to the payment of any fee, or any term or condition, except as provided in Part 12.2.

Part 12.3: Government Access

12.3.1 Agents, employees and contractors of Government, members of the Canadian Forces and peace officers shall have the right, in accordance with these provisions, to enter, to cross and to remain on Nunavik Inuit Lands to carry out legitimate government purposes relating to the lawful delivery and management of their programs and to carry out duties in accordance with the law of Canada.

12.3.2 Except for where agents, employees and contractors of Government need access to Nunavik Inuit Lands for the purpose of wildlife management and research, or for the establishment of navigational aids pursuant to section 12.3.11, should Government, the Canadian Forces or the Royal Canadian Mounted Police require continuing use or occupancy of Nunavik Inuit Lands for more than eighteen (18) months, including use of unmanned facilities, the MDO may require Government to obtain an interest in the land.

12.3.3 Government shall be liable for damages caused to the lands by any person exercising rights pursuant to sections 12.3.1 and 12.3.11.

12.3.4 In a case where more than insignificant damage may be caused to the land, or where there may be more than insignificant interference with Nunavik Inuit use and quiet enjoyment of the land, Government shall consult the MDO and seek its agreement regarding the terms and conditions for exercising government access under section 12.3.1 or 12.3.11. Where agreement cannot be achieved, the matter shall be referred to arbitration as set out in Article 24. The activities of peace officers, federal investigators and law enforcement officers carrying out duties under the law of Canada shall not be subject to this section.

12.3.5 Without limiting the generality of section 12.3.4, terms and conditions required under that section for exercising government access shall ensure that:

1. environmental protection measures are consistent with the provisions of this Agreement;

2. information is provided; and

3. location, time and duration of access is addressed.

12.3.6 Government agents, employees and contractors exercising access pursuant to section 12.3.1 for the purposes of wildlife management and wildlife research shall be subject to the approval of the NMRWB subsequent to consultation with the RNUK.

12.3.7 In the event that any person exercising access under section 12.3.1 or 12.3.11 causes damage to Nunavik Inuit Lands, and Government and the MDO are unable to agree on compensation for damages, the matter shall be referred to arbitration as set out in Article 24 for the determination of liability and fixing of appropriate compensation.

12.3.8 The Department of National Defence (DND) shall have no greater rights to conduct military manoeuvres, including exercises and movements, on Nunavik Inuit Lands than it has with respect to other non-public lands under generally applicable legislation. For greater certainty, this section shall prevail over sections 12.3.9 and 12.3.10.

12.3.9 The Minister of National Defence may authorize access to Nunavik Inuit Lands for the execution of manoeuvres by the Canadian Forces pursuant to s. 257 of the National Defence Act and with the exception of section 12.3.8 nothing in Part 12.3 applies to or affects such access authorized by the Minister of National Defence.

12.3.10 Other than access for those manoeuvrers referred to in section 12.3.9, access and across Nunavik Inuit Lands for each manoeuvrer shall only occur after the negotiation and conclusion of an agreement with the MDO respecting contact persons, consultation mechanisms and timing thereof and compensation for damages, which agreement may be amended from time to time. Land use fees shall not be charged.

12.3.11 Subject to sections 12.3.3, 12.3.4, 12.3.5, and 12.3.7, Government may maintain and establish navigational aids on Nunavik Inuit Lands. Navigation aids shall be the property of Government and may not be interfered with by any person while such aids are on Nunavik Inuit Lands and water on Nunavik Inuit Lands.

12.3.12 The rights of access to Nunavik Inuit Lands under Part 12.3, except under section 12.3.2 are not subject to the payment of any fee, or any term or condition except as provided in Part 12.3.

Part 12.4: Expropriation

12.4.1 Any person or authorized representative of any person, who has power of expropriation under federal or territorial legislation (expropriating authority), may exercise that power of expropriation in accordance with laws of general application as qualified by this Agreement.

12.4.2 Nothing in Part 12.4 shall be construed to give the Government of Nunavut more extensive powers of expropriation than are given to the legislatures of the Provinces.

12.4.3 An expropriation shall be approved by a specific order of the Governor-in-Council.

12.4.4 Any expropriation legislation coming into force after the effective date of this Agreement shall, insofar as it applies to Nunavik Inuit Lands, provide for the following minimum procedures:

1. notice of intention to expropriate served on the MDO;

2. an opportunity for the MDO to object to the expropriation on the basis that the expropriating authority has not complied with the expropriation legislation, and an opportunity to be heard on that objection; and

3. the determination of compensation by negotiation and mediation and, failing that, by reference to arbitration or the committee referred to in section 12.4.8.

12.4.5 Where an interest in Nunavik Inuit Lands is expropriated, the expropriating authority shall, if reasonably possible, offer compensation in the form of alternate lands, in accordance with the purposes and principles of Nunavik Inuit Lands set out in Articles 9 and 10, or in combination of lands and money.

12.4.6 Where the expropriating authority acquires an estate in fee simple, those lands shall no longer be Nunavik Inuit Lands. Lands provided as compensation for expropriation shall be Nunavik Inuit Lands. Where lands which have been expropriated are no longer required, the MDO shall have an option for six (6) months following such a determination to re-acquire those lands as Nunavik Inuit Lands. If the parties are unable to agree on a price, the matter shall be referred to the arbitrators or the committee referred to in section 12.4.8.

12.4.7 The MDO shall not be required to take compensation in the form of alternate lands.

12.4.8 Where the MDO and the expropriating authority disagree on compensation, and mediation, if provided for, fails, the final determination of any compensation payable shall be:

1. pursuant to arbitration as set out in Article 24, other than for expropriation under the National Energy Board Act; or

2. for expropriation under the National Energy Board Act, by an arbitration committee appointed under the Act that shall include at least one (1) nominee of the MDO. The Minister in establishing the arbitration committee shall choose members who have special knowledge of, and experience related to, the criteria set out in section 12.4.9.

12.4.9 In determining the amount of compensation payable to the MDO, the arbitrators or the committee shall be guided by:

1. the market value of the land;

2. loss of use to the MDO and Nunavik Inuit;

3. the effect on wildlife harvesting by Nunavik Inuit;

4. the adverse effect of the taking, upon lands retained by the MDO;

5. damage which may be caused to the land taken;

6. nuisance, inconvenience and noise to the MDO and Nunavik Inuit;

7. the cultural attachment of Nunavik Inuit to the land;

8. the peculiar and special value of the land to Nunavik Inuit;

9. the effect on rights and benefits otherwise provided Nunavik Inuit by this Agreement;

10. an amount to cover reasonable costs associated with the MDO inspections as deemed appropriate by the arbitrators or the committee;

11. an amount to cover reasonable costs to the MDO associated with the arbitration; and

12. any other factors as may be provided for in legislation.

12.4.10 Where an expropriating authority would have a power of expropriation of Nunavik Inuit Lands, or an interest therein under 12.4.1, that power may not be executed if 12% of all Nunavik Inuit Lands vesting on the effective date of this Agreement or an interest therein has already been and remains expropriated.

12.4.11 In calculating the areas expropriated in section 12.4.10, no account shall be taken of those situations in which the MDO accepted alternative lands pursuant to section 12.4.6.

12.4.12 Where Government has a right under section 12.4.1, as qualified by this Article to expropriate Nunavik Inuit Lands which it requires for public transportation purposes, Government need not pay compensation, except for improvements, for the lands taken up to an amount not exceeding two percent (2%) of Nunavik Inuit Lands in the NMR. Where lands taken under this section are no longer required for the purpose for which they were taken, they shall revert to the MDO at no cost.

12.4.13 In calculating the areas expropriated under section 12.4.10, lands taken pursuant to section 12.4.12 shall be taken into account.

Part 12.5: Sand and Gravel

12.5.1 Notwithstanding anything in this Agreement, if Government requires sand and gravel and other like construction materials from Nunavik Inuit Lands for public purposes but the MDO refuses to permit Government to take the said materials, Government may refer the matter to arbitration as set out in Article 24 of this Agreement for the purposes of obtaining an entry order enabling the removal of such material.

12.5.2 The arbitrators shall grant an entry order if, and only if, they determine that:

1. the materials are required for public purposes and no alternative supply is reasonably available; and

2. no competing Nunavik Inuit need for those materials in that location then exists and no alternative supply for that need is reasonably available.

12.5.3 If an entry order is granted, Government shall pay the MDO for the materials removed, the greater of:

1. $1.00 (1993$) per cubic metre, valued on the effective date of this Agreement and indexed by the Final Domestic Demand Implicit Price Index; or

2. the royalty rate imposed by the Crown, as amended from time to time, on the extraction of such materials from Crown lands.

12.5.4 The arbitrators shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with section 12.4.9. The calculation of compensation shall not take into account any amount mentioned in section 12.5.3, or the payment of any entry fee required by legislation.

12.5.5 An entry order shall include terms and conditions to minimize the damage and interference with Nunavik Inuit use, and shall also provide that Government rehabilitate the site.

Part 12.6: Application and Saving

12.6.1 For greater certainty, any person exercising access rights referred to under this Article, except rights referred to under Part 12.2 and sections 12.3.8 to 2.3.10, shall acquire appropriate authorizations where required, including under Article 7 of this Agreement and Article 13 of the NLCA prior to the exercise of those rights.

12.6.2 Persons exercising rights under this Article have no right of action against the MDO for alleged loss or damage arising from the exercise of those rights.

12.6.3 For greater certainty, a Nunavik Inuk may be the holder of a third party interest.