Ratification and Reciprocal Arrangements

Article 25: Ratification Procedure

25.1 This Agreement shall be submitted for ratification by the parties as set out in this Article only after it has been initialled by Chief negotiators for Makivik and Government.

25.2 This Agreement shall be ratified by the Nunavik Inuit prior to ratification by Government.

25.3 Nunavik Inuit shall be considered to have ratified this Agreement when:

1. a majority of all eligible Nunavik Inuit voters by way of the Nunavik Inuit ratification vote approve this Agreement and authorize duly appointed officers of Makivik to sign this Agreement; and

2. the duly appointed and authorized officers of Makivik sign this Agreement.

25.4 Her Majesty the Queen in Right of Canada shall be considered to have ratified this Agreement when:

1. this Agreement is signed by a Minister of the Crown; and

2. a statute ratifying this Agreement is enacted by Parliament and comes into force.

25.5 Upon initialling of the this Agreement, a Ratification Committee shall be established with responsibility to conduct the Nunavik Inuit ratification vote.

25.6 The Ratification Committee shall consist of three (3) individuals named by Makivik, one (1) individual named by the Minister of IAND and one (1) individual named by the Premier of Nunavut.

25.7 The Ratification Committee shall prepare a budget, subject to review and approval by the Department of Indian Affairs and Northern Development, for its operation and the Nunavik Inuit ratification vote, including for greater certainty funding for the Voters List Committee. The approved budget shall be a charge on the Government of Canada.

25.8 There shall be created an Official Voters List that shall include the names of all eligible Nunavik Inuit voters. Eligible Nunavik Inuit voters are all living Nunavik Inuit who are eighteen (18) years of age or older on the last day of the ratification vote.

25.9 Makivik, as soon as reasonably possible after the establishment of the Ratification Committee, shall provide the Ratification Committee with a list of the names of all Nunavik Inuit. The list shall also include the birth dates of all Nunavik Inuit.

25.10 Within ninety (90) days of receiving the list referred to in section 25.9, the Ratification Committee shall make available a preliminary voters list for public review by posting a preliminary voters list in the Communities identified in Schedule 25-1 and by such other means as the Ratification Committee deems appropriate. The preliminary voters list shall be based on the list referred to in section 25.9, less those individuals under eighteen (18) years of age on the last day of the Nunavik Inuit ratification vote.

25.11 Within thirty (30) days from the posting of the preliminary voters list, an individual eligible to be on the voters list may make application to have an individual's name added to or removed from the voters list.

25.12 Upon initialling of this Agreement there shall be established a Voters List Committee consisting of three (3) members appointed by Makivik and one (1) non-voting member appointed by the Department of Indian Affairs and Northern Development, which shall review applications referred to in section 25.11.

25.13 Decisions of the Voters List Committee in respect of an application shall be by majority of voting members and shall be final. The Voters List Committee shall notify the applicant, any person whose eligibility has been challenged and the Ratification Committee, of its decision.

25.14 Within seven (7) days after the Voters List Committee has rendered a decision on all applications, the Ratification Committee shall forward to the Government of Canada and Makivik the amended preliminary voters list. Upon receipt of approval of this list from the Department of Indian Affairs and Northern Development and Makivik, the Ratification Committee shall publish this list as the Official Voters List including posting in the communities identified in Schedule 25-1 and in such other places as the Ratification Committee deems appropriate.

25.15 The Ratification Committee shall take all reasonable steps necessary to ensure that eligible Nunavik Inuit voters have a reasonable opportunity to review the substance and details of this Agreement. Particular attention shall be given to the need for community meetings and to the production and distribution of materials in Inuktitut throughout various media.

25.16 The Nunavik Inuit ratification vote shall be held no earlier than seven (7) days after the publication of the Official Voters List on such day or days as may be agreed to by the Ratification Committee.

25.17 The Nunavik Inuit ratification vote shall occur on the same day or days for all eligible voters except for advance polls or where the Ratification Committee determines circumstances require an alternate day or days.

25.18 The vote shall be by secret ballot and may include, according to procedures determined by the Ratification Committee, proxy ballots.

25.19 Voting ballots shall be in Inuktitut and Canada's official languages.

25.20 The Ratification Committee shall be responsible for the conduct of the vote and tabulation of all ballots and publication of the results of the vote. The Committee shall retain all ballots and document all events and decisions related to the ratification vote, and shall make such documentation available to Government and Makivik upon request and within six (6) months shall transfer all such documentation to Library and Archives Canada. The documentation shall not be disposed of, in whole or in part, without prior written approval of Makivik and Government. Makivik and Government shall be entitled to have access to and make copies of any and all such documents.

25.21 Following signing of this Agreement by the parties pursuant to paragraphs 25.3 (b) and 25.4 (a), and upon consultation with Makivik, the Government of Canada shall present this Agreement to Parliament, and propose the enactment of the ratification statute. The proposed statute shall:

1. contain a clear statement that this Agreement is ratified, approved, given effect and declared valid;

2. stipulate that this Agreement is binding on third parties;

3. state that where there is an inconsistency or conflict between the ratification statute and this Agreement, this Agreement prevails;

4. authorize the payment out the Consolidated Revenue Fund of such sums as may be required to meet the monetary obligations of Her Majesty under Articles 5, 15, 16 and 23;

5. comply with s. 53 and s. 54 of the Constitution Act, 1867;

6. include two (2) recitals in the preamble stating that:

   1. Her Majesty The Queen in Right of Canada and the Nunavik Inuit, through their duly mandated representatives, have entered into an Agreement; and

   2. this Agreement contemplates ratification by Her Majesty by an Act of Parliament; and

7. make the statute binding on the Crown.

Schedule 25-1: Nunavik Inuit Communities

• Akulivik

• Aupaluk

• Chisasibi

• Inukjuak

• Ivujivik

• Kangiqsualujjuaq

• Kangiqsujuaq

• Kangirsuk

• Kuujjuaq

• Kuujjuarapik

• Puvirnituq

• Quaqtaq

• Salluit

• Tasiujaq

• Umiujaq

Article 26: Other Aboriginal Peoples

26.1 Nothing in this Agreement, other than Articles 27, 28, and 29, or in any legislation ratifying or implementing the terms of this Agreement, shall be construed to recognize or provide any rights under s. 35 of the Constitution Act, 1982 for any aboriginal peoples other than Nunavik Inuit;

26.2 Nothing in this Agreement, or in any legislation ratifying or implementing its terms shall be construed to;

1. constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights under the Constitution Act, 1982 for any aboriginal peoples other than Nunavik Inuit; or

2. abrogate or derogate from or otherwise conflict or be inconsistent with any aboriginal or treaty rights under the Constitution Act, 1982 for any aboriginal peoples other than Nunavik Inuit.

Article 27: Reciprocal Arrangements Between Nunavik Inuit and Inuit of Nunavut

Part 27.1: General Provisions

27.1.1 The object of this Article is to provide rights reciprocal to Article 40 under the Nunavut Land Claims Agreement as follows:

1. to provide for the continuation of harvesting by each Group in areas traditionally used and occupied by it, regardless of land claims agreement boundaries:

2. to identify areas of equal use and occupancy between the Two Groups and with respect to such areas, to provide for:

   1. joint ownership of lands by the Two Groups;

   2. sharing of wildlife and certain other benefits by the Two Groups;

   3. participation by the Two Groups in regimes for wildlife management, land use planning, impact assessment and water management in such areas; and

3. to promote cooperation and good relations between the Two Groups and among the Two Groups and Government.

Part 27.2: Definitions and Interpretations

27.2.1 In this Article:

"areas of equal use and occupancy"

means those areas described in Schedule 40-1 of the Nunavut Land Claims Agreement, reproduced in Schedule 27-1 of this Agreement, and depicted for information purposes only on the map appended thereto.

"basic needs level"

means, in the case of Nunavik Inuit, the level of harvesting by Nunavik Inuit in the Nunavut Settlement Area determined under sections 40.2.4 and 40.2.5 and Article 5 of the Nunavut Land Claims Agreement, and, in the case of the Inuit of Nunavut, the level of harvesting by the Inuit of Nunavut in the NMR determined under sections 27.3.2 and 27.3.3 and Article 5 of this Agreement.

"DIO"

means Nunavut Tunngavik Incorporated, or an Organization that has been designated under Article 39.1.3 of the Nunavut Land Claims Agreement as responsible for a function under Part 2 of Article 40 of that Agreement to which a reference to a DIO in this Article relates;

"Group"

means the Inuit of Nunavut or Nunavik Inuit, and "the Two Groups" means both;

"HTO"

means Hunters and Trappers Organization as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Inuit of Nunavut"

means Inuit as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Inuit Lands"

means Inuit Owned Lands as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"marine areas"

means Canada's internal waters or territorial sea, whether open or icecovered, but does not include inland waters in Québec. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;

"NWB"

means the Nunavut Water Board, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"NWMB"

means the Nunavut Wildlife Management Board, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Nunavut Tunngavik Incorporated"

means the Tungavik, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Organization"

means an Organization, defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"resources"

includes lands, minerals, wildlife, waters and the environment generally;

"RWO"

means Regional Wildlife Organization, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"total allowable harvest"

means total allowable harvest as defined in section 5.1.1 of the Nunavut Land Claims Agreement;

"total allowable take"

means total allowable take as defined in section 5.1.1 of this Agreement;

"wildlife"

has the same meaning as in Article 1 of this Agreement but does not include reindeer.

27.2.2 The Schedules referred to in this Article form an integral part of it.

Part 27.3: Wildlife Harvesting

27.3.1 Subject to sections 27.3.3 and 27.3.4, Nunavik Inuit have the same rights respecting the harvesting of wildlife in the marine areas and islands of the Nunavut Settlement Area traditionally used and occupied by them as the Inuit of Nunavut under Article 5 of the Nunavut Land Claims Agreement except Nunavik Inuit do not have the rights under Parts 2, 4 and 5, sections 5.6.18 and 5.6.39, Part 8 and sections 5.9.2 and 5.9.3 of that Agreement.

27.3.2 Subject to sections 27.3.3 and 27.3.5, the Inuit of Nunavut have the same rights respecting the harvesting of wildlife in the marine areas and islands of the NMR traditionally used and occupied by them as Nunavik Inuit under Article 5 of this Agreement, except the Inuit of Nunavut do not have the rights under Part 5.2 of Article 5, paragraphs 5.3.13.1 (d) and (e), and sections 5.3.15, 5.8.2 and 5.8.3 of that Article.

27.3.3 The basic needs level for Nunavik Inuit and the basic needs level for the Inuit of Nunavut shall be determined on the basis of available information. Where the basic needs levels of the Two Groups exceeds the total allowable harvest or the total allowable take, the total allowable harvest or the total allowable take shall be allocated between the Two Groups so as to reflect the ratio of their basic needs levels.

27.3.4 Makivik shall exercise the power of an HTO or RWO on behalf of Nunavik Inuit.

27.3.5 A DIO shall exercise the power of a LNUK or RNUK on behalf of the Inuit of Nunavut.

Part 27.4: Areas of Equal Use and Occupancy: Land Ownership

27.4.1 Those lands described in Schedule 40-2 of the Nunavut Land Claims Agreement, within the areas illustrated on Schedule 27-2 of this Agreement, were vested in the form indicated on the Maps referred to in Schedule 40-2, in the DIO on behalf of and for the benefit of the Inuit of Nunavut and in Makivik on behalf of and for the benefit of Nunavik Inuit, as joint tenants and not as tenants in common.

27.4.2 All provisions of the Nunavut Land Claims Agreement applying to Inuit Owned Lands except Part 3 of Article 19 of that Agreement, but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands referred to in section 27.4.1. Any power of a DIO under the Nunavut land Claims Agreement in respect of Inuit Owned Lands in the area of equal use and occupancy shall be exercised and enjoyed jointly by the DIO and Makivik in respect of those jointly owned lands.

27.4.3 All provisions of this Agreement applying to Nunavik Inuit Lands except provisions providing for vesting of Nunavik Inuit Lands but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands referred to in section 27.4.1. Any power of a MDO under this Agreement in respect of Nunavik Inuit Lands in the area of equal use and occupancy shall be exercised and enjoyed jointly by the MDO and Nunavut Tunngavik Incorporated, or a DIO designated by it, in respect of those jointly owned lands.

27.4.4 With respect to the lands described in Schedule 40-2 of the Nunavut Land Claims Agreement and Schedule 27-2 of this Agreement and notwithstanding any other rule or process provided by statute, at law or in equity, neither Group shall:

1. create or dispose of a legal or equitable interest to or in the lands;

2. seek or submit to sever or partition the lands;

3. establish or operate facilities associated with the sports or commercial use of wildlife or facilities associated with the observation, study or enjoyment of natural or cultural features of the lands; or

4. make use of the lands so as to cause physical alteration or in any way diminish their value;

without the prior written agreement of the other Group and any act or instrument purporting to do so shall be null, void and of no effect.

27.4.5 No act or inaction by either of the Two Groups in relation to section 27.4.4 shall impose any liability on Government.

Part 27.5: Areas of Equal Use and Occupancy: Other Benefits

27.5.1 Notwithstanding section 27.3.1 and subject to section 27.5.4 in the areas of equal use and occupancy, the rights of the Inuit of Nunavut pursuant to section 5.6.39 and Part 8 of Article 5 and to Articles 8, 9, 26, 33, 34 of the Nunavut Land Claims Agreement shall apply equally to Nunavik Inuit and the functions of a DIO pursuant to those Articles shall be exercised by an organization jointly designated by Nunavut Tunngavik Incorporated and Makivik to exercise those functions or, in the absence of such designation, by the DIO.

27.5.2 Notwithstanding section 27.3.2 in the areas of equal use and occupancy, the rights of Nunavik Inuit pursuant to paragraphs 5.3.13.1 (c, d & e), section 5.3.15 and Articles 11, 20 and 21 of this Agreement shall apply equally to the Inuit of Nunavut and the functions of a MDO pursuant to those Articles shall be exercised by an organization jointly designated by Nunavut Tunngavik Incorporated and Makivik to exercise those functions or, in the absence of such designation, by the MDO.

27.5.3 For greater certainty, notwithstanding section 27.3.1, Nunavik Inuit may exercise the rights provided under sections 5.8.2 and 5.8.3 of this Agreement in the areas of equal use and occupancy.

27.5.4 Section 27.5.1 does not apply to the rights of the Inuit of Nunavut under section 5.8.9 of the Nunavut Land Claims Agreement in relation to the eiderdown venture conducted by Sanniit Co-operative Limited.

Part 27.6: Areas of Equal Use and Occupancy: Management

27.6.1 Notwithstanding section 27.3.1, Makivik, on behalf of Nunavik Inuit, has the right to appoint to the NWMB and to nominate to each of the NPC, NIRB and the NWB, members equal to one half of those appointed or nominated by the DIO, which members shall be appointed in the same manner as members nominated by the DIO. Any members so appointed shall replace an equal number of members appointed or nominated by the DIO for decisions of the NWMB, NPC, NIRB and NWB that apply to activities that take place in the areas of equal use and occupancy, but shall not otherwise be considered to be or act as a member of those institutions.

27.6.2 For the purposes of management regimes in the areas of equal use and occupancy, the arrangement, as outlined in section 27.6.1 of this agreement and Section 40.2.14 of the Nunavut Land Claims Agreement, shall continue to apply until agreement has been reached pursuant to Section 40.2.15 of the Nunavut Land Claims Agreement.

27.6.3 The NWMB, NPC, NIRB and NWB, in performing their functions in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by Nunavik Inuit shall allow full standing to Makivik to make representations respecting the interests of the Nunavik Inuit and shall take those representations into account.

27.6.4 The NMRWB, NMRPC and NMRIRB, in performing their functions in relation to islands and marine areas of the NMR traditionally used and occupied by the Inuit of Nunavut shall allow full standing to Nunavut Tunngavik Incorporated to make representations respecting the interests of the Inuit of Nunavut and shall take those representations into account.

Part 27.7: Mutual Protection of Rights and Interests, Between the Two Groups

27.7.1 Each Group shall exercise its rights with respect to harvesting and resource management, including rights derived from this Agreement, the Nunavut Land Claims Agreement and the James Bay and Northern Québec Agreement, in a manner consistent with the rights and interests of the other Group.

27.7.2 In exercising rights with respect to harvesting and resource management which may affect the other Group, each Group shall be guided by the principles of conservation and the importance of effective environmental protection and, accordingly, shall pursue the Nunavik application of appropriate management techniques aimed at the rational and sustainable use of resources.

27.7.3 Each Group shall consult with the other with respect to all issues concerning all aspects of harvesting or resource management over which the Group has control or influence and which may affect the other Group. The obligation to consult shall include the obligation to give timely written notice and to facilitate in the making of adequate written representations.

27.7.4 Notwithstanding section 31.1.1 of the Nunavut Land Claims Agreement and section 17.1.1 of this Agreement the Two Groups shall share equally any revenues obtained by either Groups resulting from any right to a share of resource royalties in the areas of equal use and occupancy pursuant to a land claim agreement.

27.7.5 If any lands, additional to those described in Schedule 40-2 of the Nunavut Land Claims Agreement and Schedule 27-2 of this Agreement, are acquired by Nunavik Inuit in the areas of equal use and occupancy under this Agreement, the Inuit of Nunavut will acquire title thereto as joint tenants and not as tenants in common with Nunavik Inuit.

27.7.6 Nothing in Section 40.2.22 of the Nunavut Land Claims Agreement or section 27.7.5 of this Agreement constitutes an admission or commitment by Government to negotiate additional ownership of lands in the areas of equal use and occupancy for the Inuit of Nunavut.

27.7.7 Sections 27.7.1 to 27.7.4 express arrangements between the Two Groups and neither of these sections nor any act or inaction by either of those groups or of their members in relation to these sections shall impose any liability or obligation on Government or any other person or affect any power or right of Government or any other person.

Part 27.8: Status and Security of Rights

27.8.1 In addition to any person or body that is recognized by laws of general application as having standing, a MDO on behalf of Nunavik Inuit and a DIO on behalf of the Inuit of Nunavut shall have standing before an appropriate court or other body to enforce this Article against the Crown or any person.

27.8.2 Notwithstanding section 2.14 of this Agreement, this Article shall not be amended without the prior written consent of Nunavut Tunngavik Incorporated.

27.8.3 In the event of conflict or inconsistency between the sections of this Article other than sections 27.7.1 to 27.7.3, and any other provisions of this Agreement, the sections of this Article other than sections 27.7.1 to 27.7.3 shall prevail.

27.8.4 In the event of any inconsistency or conflict between this Agreement and Article 40 of the Nunavut Land Claims Agreement, the latter shall prevail to the extent of such inconsistency or conflict.

Schedule 27-1: Coordinates of Areas of Equal Use and Occupancy in Hudson Strait and Hudson Bay

The following replicates Article 40, Schedule-1 of the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada referenced in North American Datum 1927 (NAD 27).

1. Coordinates of Areas of Equal Use and Occupancy in Hudson Strait

   • - The line shall commence at the intersection of 63°25'N and 76°10'W;

   • - then it shall proceed generally south and west in a straight line to the intersection of 63°12'N and 77°00'W;

   • - then generally west and south in a straight line to the intersection of 63°00'N and 77°40'W;

   • - then generally north and west in a straight line to the intersection of 63°03'N and 78°25'W;

   • - then generally north and west in a straight line to the intersection of 63°30'N and 78°47'W;

   • - then generally north and east in a straight line to the intersection of 63°52'N and 77°15'W;

   • - then generally south and east in a straight line to the intersection of 63°25'N and 76°10'W.

2. Coordinates of Areas of Equal Use and Occupancy in Hudson Bay

   • - The line shall commence at the intersection of 56°22'N and 77°25'W;

   • - then it shall proceed generally west and south in a straight line to the intersection of 56°07'N and 78°10'W;

   • - then shall proceed northerly in a straight line to the intersection of 56°45'N and 78°15'W;

   • - then shall proceed generally west and north in a straight line to the intersection of 57°00'N and 78°40'W;

   • - then shall proceed generally west and north in a straight line to the intersection of 57°15'N and 80°00'W;

   • - then northerly in a straight line to 58°00'N and 79°45'W;

   • - then generally east and south in a straight line to the intersection of 57°40'N and 78°00'W;

   • - then generally east and south in a straight line to the intersection of 57°00'N and 77°25'W;

   • - then southerly in a straight line to the intersection of 56°22'N and 77°25'W.

Schedule 27-2: Areas of Equal Use and Occupancy

Article 28: Reciprocal Arrangements Between the Nunavik Inuit and the Crees of Eeyou Istchee

28.1 A Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit (Cree/Inuit Offshore Overlap Agreement) is appended as Schedule 28-1 to this Article.

28.2 Government shall not be bound by the Preamble or Part 8 of the Cree/Inuit Offshore Overlap Agreement nor shall the incorporation of the Cree/Inuit Offshore Overlap Agreement in this Agreement be construed as recognition by Government of aboriginal rights in the overlap area.

28.3 For greater certainty the definitions in Part 3 of the Cree/Inuit Offshore Overlap Agreement shall apply only to the Cree/Inuit Offshore Overlapping Interests Area.

28.4 Notwithstanding any other provision of this Agreement, but subject to sections 28.2 and 28.3, the provisions set out in the Cree/Inuit Offshore Overlap Agreement shall form part of this Agreement, shall be given effect by Government upon the effective date of this Agreement or of the Crees of Eeyou Istchee Final Agreement as defined in section 3.1 of the Cree/Inuit Offshore Overlap Agreement (whichever comes first), and shall prevail over the provisions of this Agreement to the extent of any inconsistency or conflict.

28.5 In the period after the effective date of this Agreement but before the Crees of Eeyou Istchee Final Agreement comes into force, the Grand Council of the Crees (Eeyou Istchee) on behalf of the Crees of Eeyou Istchee, shall nominate or appoint, as the case may be, to the Nunavik Marine Region Planning Commission (NMRPC), the Nunavik Marine Region Wildlife Board (NMRWB) and Nunavik Marine Region Impact Review Board (NMRIRB), respectively:

1. members equal to one-half of those appointed or nominated thereto by the Nunavik Inuit insofar as an even number of members have been originally nominated or appointed thereto by the Nunavik Inuit or, as the case may be;

2. members in equal numbers to those appointed or nominated thereto by the Nunavik Inuit insofar as an uneven number of members have been originally nominated or appointed thereto by the Nunavik Inuit;

which members shall be nominated or appointed in the same manner as members appointed or nominated by the Nunavik Inuit.

28.6 Any members appointed under the circumstances described in paragraph 28.5(a) shall, for the period after the effective date of this Agreement but before the Crees of Eeyou Istchee Final Agreement comes into force, replace an equal number of members appointed or nominated by the Nunavik Inuit for decisions or recommendations of the concerned body that apply or affect the joint Zone, but shall not otherwise be considered to be or act as a member of those bodies. For the period after the effective date of this Agreement but before the Crees of Eeyou Istchee Final Agreement comes into force, any members appointed under the circumstances described in paragraph 28.5(b), shall be entitled to participate in and shall hold one-half of a vote for decisions or recommendations of the concerned body that apply or affect the Joint Zone but shall not otherwise be considered to be or act as a member of those bodies, and those appointed or nominated thereto by the Nunavik Inuit shall also hold one-half of a vote for decisions or recommendations of the concerned body that apply to or affect the Joint Zone.

28.7 The jurisdictions of the NMRPC, NMRWB, and the NMRIRB shall not be exercised in the Cree Zone, the whole in accordance with section 7.1 of the Cree/Inuit Offshore Overlap Agreement.

28.8 In order to facilitate the efficiency and effectiveness of operation of the management regimes in the Joint Zone, the words "shall apply jointly and equally" in section 7.5 of the Cree/Inuit Offshore Overlap Agreement shall mean that those regimes set out in this Agreement and the Crees of Eeyou Istchee Final Agreement :

1. shall be given equal weight and authority in the Joint Zone;

2. the bodies created pursuant to the management regimes provided under either the Crees of Eeyou Istchee Final Agreement or this Agreement shall sit together when making decisions or recommendations concerning the Joint Zone and render the same recommendations or decisions concerning the Joint Zone; and

3. where the time requirements regarding decisions or recommendations for the application in the joint Zone of a management regime by the bodies provided for in the concerned regime differ between this Agreement and the Crees of Eeyou Istchee Final Agreement, the longest time requirement period shall apply.

28.9 An arbitration decision made pursuant to section 8.6 of the Cree/Inuit Offshore Overlap Agreement only binds the parties to the arbitration.

28.10 While the parties to the Cree/Inuit Offshore Overlap Agreement may amend that agreement pursuant to its amendment provisions, no such amendment shall be effective to change Schedule 28-1 without the consent of Government.

28.11 The provisions of Article 28 may not be amended without the written agreement of the Crees of Eeyou Istchee as represented by the Grand Council of the Crees (Eeyou Istchee).

28.12 The incorporation of the Cree/Inuit Offshore Overlap Agreement in this Agreement does not create any obligation on the Crees of Eeyou Istchee or on Government to conclude any further agreement.

28.13 Article 28 is contemplated by and is subject to the provisions of section 1.6 of the Cree/Inuit Offshore Overlap Agreement.

Schedule 28-1: A Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit

Table of Contents

• Preamble

• Part I - General

• Part II - Objects

• Part III - Definitions and Interpretations

• Part IV - Wildlife Harvesting

• Part V - Land Ownership in the Overlap Area

• Part VI - Other Interests, Benefits and Revenues

• Part VII - Management in the Overlap Area

• Part VIII - Settlement of Disputes

• Part IX - Status and Security of Rights

• Signatures

• Schedule 1 - Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area

• Schedule 2 - Geographic Coordinates of the Joint Inuit / Cree Zone

• Schedule 3 - Geographic Coordinates of the Cree Zone

• Schedule 4 - Geographic Coordinates of the Inuit Zone

• Schedule 5 - Map "Cree / Inuit Offshore Overlapping Interests Area with Indication of Zones"

• Schedule 6 - Lands Selected by Nunavik Inuit in the Cree Zone

Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area

BETWEEN, ON THE ONE HAND:

The CREES OF EEYOU ISTCHEE, acting through the
GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)

AND

ON, THE OTHER HAND:

NUNAVIK INUIT,
acting through MAKIVIK CORPORATION.

Preamble

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit have always occupied and used the Overlap Area and have developed traditions for sharing the Overlap Area;

WHEREAS, on November 11th, 1975, the Crees of Eeyou Istchee and the Nunavik Inuit entered into the James Bay and Northern Québec Agreement, which gave, granted, recognized and provided to the Crees of Eeyou Istchee and the Nunavik Inuit the rights, privileges and benefits set out therein;

WHEREAS the James Bay and Northern Québec Agreement did not affect, modify or otherwise impair, restrict or infringe upon the aboriginal and other rights, titles and interests of the Crees of Eeyou Istchee and of the Nunavik Inuit in areas situated outside the borders of the province of Québec, including the marine areas and islands adjacent to the said province in James Bay, Hudson's Bay, Hudson's strait and Ungava bay;

WHEREAS, in a letter of commitments dated November 15th, 1974, certain understandings reached between the Government of Canada and the Crees of Eeyou Istchee and the Nunavik Inuit were set out, including the undertaking of Canada to negotiate with the Crees of Eeyou Istchee and the Nunavik Inuit in regard to the said offshore areas;

WHEREAS such negotiations are ongoing with both the Crees of Eeyou Istchee and the Nunavik Inuit;

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit have certain overlapping aboriginal and other rights, titles and interests in certain marine areas and islands adjacent to the province of Québec in James Bay and Hudson's Bay;

WHEREAS, on August 21st, 2002, the Grand Council of the Crees (Eeyou Istchee) and Makivik Corporation reached a "Cree/Inuit Agreement on Offshore Overlap" which was subsequently ratified pursuant to the terms of that agreement;

WHEREAS on October 25th, 2002 the Nunavik Inuit and the Government of Canada signed an "Agreement-in-Principle concerning the Nunavik Marine Region";

WHEREAS the parties hereto wish to set out in writing the terms and arrangements flowing from the "Cree/Inuit Agreement on offshore overlap" and to incorporate such terms and arrangements in the Nunavik Inuit Final Agreement and in the Crees of Eeyou Istchee Final Agreement;

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit wish to reiterate the continued good relations, cooperation and solidarity which has characterized their relationship since the negotiations of the James Bay and Northern Québec Agreement.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

Part I: General

1.1 The provisions of this Agreement shall all be incorporated in the Nunavik Inuit Final Agreement, and any modifications to the wording of this Agreement carried out for purposes of coherence with the Nunavik Inuit Final Agreement shall only be made with the consent of the GCC(EI), which consent shall not be arbitrarily or unreasonably withheld.

1.2 The provisions of this Agreement shall all be incorporated in the Crees of Eeyou Istchee Final Agreement, and any modifications to the wording of this Agreement carried out for purposes of coherence with the Crees of Eeyou Istchee Final Agreement shall only be made with the consent of Makivik Corporation, which consent shall not be arbitrarily or unreasonably withheld.

1.3 In the event of any inconsistency between the Nunavik Inuit Final Agreement or the Crees of Eeyou Istchee Final Agreement and the provisions herein, this Agreement shall prevail to the extent of such inconsistency or conflict.

1.4 For greater certainty, nothing on this Agreement, in the Nunavik Inuit Final Agreement, or in any legislation ratifying or implementing their terms, shall:

1. constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights of the Crees of Eeyou Istchee, including those rights set out under the terms of the JBNQA;

2. be interpreted as to abrogate or derogate from or otherwise conflict or be inconsistent with any aboriginal or treaty rights of the Crees of Eeyou Istchee, including those rights set out under the terms of the JBNQA.

1.5 For greater certainty, nothing in this Agreement, in the Crees of Eeyou Istchee Final Agreement, or in any legislation ratifying or implementing their terms shall:

1. constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights of the Nunavik Inuit, including those rights set out under the terms of the JBNQA;

2. be interpreted as to abrogate or derogate from or otherwise conflict or be inconsistent with any aboriginal or treaty rights of the Nunavik Inuit, including those rights set out under the terms of the JBNQA.

1.6 The reciprocal arrangements between the Nunavik Inuit and the Inuit of Nunavut set out in article 28 of the Nunavik Inuit AIP and in article 40 of the Nunavut Land Claims Agreement shall not affect the rights, titles and interests of the Crees of Eeyou Istchee in the Cree/Inuit Offshore Overlapping Interests Area as set out in this Agreement and the Crees of Eeyou Istchee Final agreement.

1.7 The Nunavik Marine Region which will be set out and described in the Nunavik Inuit Final Agreement shall comprise the Nunavik Marine Region as described in Schedule 3-1 of the Nunavik Inuit AIP save that the geographic coordinate of that description which reads as follows:

"- thence southeasterly in a straight line to a point at the intersection of 53°45'N latitude and 79°05'W longitude at the ordinary low water mark on the south shore of Québec, south of Chisasibi"

shall be changed in the Nunavik Inuit Final Agreement in order to reflect the following geographic coordinates:

"- thence southeasterly in a straight line to a point at the intersection of 53°45'31"N latitude and 79°06'55"W longitude, north of Aatsiguuyaanuminshtuk island;

- thence due east along the 53°45'31"N latitude to a point at the ordinary low water mark on the shore of Québec south of Chisasibi at the intersection of 53°45'31"N latitude and 79°04'56"W longitude;"

1.8 Unless otherwise stipulated in this Agreement, nothing in this Agreement affects or is intended to affect any rights of Nunavik Inuit under the Nunavik Inuit Final Agreement or of Crees of Eeyou Istchee, under the Crees of Eeyou Istchee Final Agreement in or related to the Overlap Area, including with respect to wildlife compensation, capital transfers, resource revenues sharing or resource royalty sharing.

Part II: Objects

2.1 The principal objects of this Agreement are as follows:

1. to provide for the continuation of harvesting by the Crees of Eeyou Istchee and the Nunavik Inuit in the Cree/Inuit Offshore Overlapping Interests Area, regardless of land claims agreement boundaries;

2. to identify the Cree/Inuit Offshore Overlapping Interests Area and the three (3) zones comprised within this Overlap Area;

3. to identify a Joint Inuit/Cree Zone within this Overlap Area, and with respect to such Joint Zone to provide for:

   1. the joint and equal ownership of lands and the joint and equal sharing of other interests, benefits and revenues by the Crees of Eeyou Istchee and the Nunavik Inuit;

   2. the sharing of wildlife between the Crees of Eeyou Istchee and the Nunavik Inuit in accordance with the harvesting interests of both groups;

   3. the joint and equal participation of the Crees of Eeyou Istchee and the Nunavik Inuit in the management of the lands, resources and wildlife, including joint and equal participation in regimes for wildlife management, planning, land and water management and development impact assessment in such zone;

4. to identify an Inuit Zone within this Overlap Area and with respect to such zone, to provide for:

   1. the ownership of lands by the Nunavik Inuit and other interests, benefits and revenues of the Nunavik Inuit;

   2. the sharing of wildlife between the Crees of Eeyou Istchee and the Nunavik Inuit in accordance with the harvesting interests of both groups;

   3. the participation of the Crees of Eeyou Istchee in the management of wildlife, including participation in the regime for wildlife management to be provided for in the Nunavik Inuit Final Agreement;

5. to identify a Cree Zone within this Overlap Area and with respect to such zone, to provide for:

   1. the ownership of lands by the Crees of Eeyou Istchee (save those islands described in schedule 6) and other interests, benefits and revenues of the Crees of Eeyou Istchee;

   2. the sharing of wildlife between the Crees of Eeyou Istchee and the Nunavik Inuit in accordance with the harvesting interests of both groups;

   3. the participation of the Nunavik Inuit in the management of wildlife, including participation in the regime for wildlife management provided for in the Crees of Eeyou Istchee Final Agreement;

6. to promote cooperation and good relations between the Crees of Eeyou Istchee and the Nunavik Inuit and with third parties.

Part III: Definitions and Interpretations

3.1 In this Agreement:

"Basic Needs Level"

means:

1. for the Nunavik Inuit, the level of harvest in the Overlap Area for specific species, stocks or populations of wildlife determined on the basis of available information and reflecting consumption or use by Nunavik Inuit and marketing or trade by Nunavik Inuit for consumption or use in the Overlap Area or in northern Québec;

2. for the Crees of Eeyou Istchee, the level of harvest in the Overlap Area for specific species, stocks or populations of wildlife determined on the basis of available information and reflecting consumption or use by the Crees of Eeyou Istchee and marketing or trade by the Crees of Eeyou Istchee for consumption or use in the Overlap Area or in northern Québec.

"Cree/Inuit Offshore Overlapping Interests Area" or "Overlap Area"

means those areas described in Schedule 1 hereto and depicted for information purposes only on the map appended as Schedule 5 hereto;

"Crees of Eeyou Istchee"

means the "Crees" as defined in the JBNQA;

"Crees of Eeyou Istchee Final Agreement"

means a Final Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in Right of Canada concerning the Eeyou Marine Region and which is to be negotiated, signed and ratified;

"Cree Zone"

means those areas described in Schedule 3 hereto and depicted for information purposes only on the map appended as Schedule 5 hereto;

"EMR"

means the "Eeyou Marine Region";

"Eeyou Marine Region"

means the area to be described in the Crees of Eeyou Istchee Final Agreement and including the Overlap Area;

"GCC(EI)"

means the "Grand Council of the Crees (Eeyou Istchee);

"GDO"

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

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

means the Corporation representing the Crees of Eeyou Istchee;

"harvest"

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

"Inuit of Nunavut"

means "Inuit" as defined in Section 1.1.1 of the Nunavut Land Claims Agreement;

"Inuit Zone"

means those areas described in Schedule 4 hereto and depicted for information purposes only on the map appended as Schedule 5 hereto;

"James Bay and Northern Québec Agreement" or "JBNQA"

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

"JBNQA"

means the "James Bay and Northern Québec Agreement";

"Joint Inuit/Cree Zone" or "Joint Zone"

means those areas described in Schedule 2 hereto and depicted for information purposes only on the map appended as Schedule 5 hereto;

"Joint Zone"

means the "Joint Inuit/Cree Zone";

"land"

includes land covered by water, and the minerals in or on land;

"Makivik Corporation" or "Makivik"

means the Corporation representing Nunavik Inuit and created by virtue of An Act respecting the Makivik Corporation, S.Q., 1978, chapter 91, R.S.Q., chapter S-18.1;

"Makivik"

means the "Makivik Corporation";

"marine areas"

means Canada's internal waters or territorial sea, whether open or icecovered, but does not include inland waters in Québec. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;

"marine resources"

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

"MDO"

means Makivik Corporation or an organization designated by Makivik Corporation;

"minerals"

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

"Nunavik Inuit"

means the "Inuit" as defined in the JBNQA;

"Nunavik Inuit Final Agreement"

means the Nunavik Inuit Land Claims Agreement which is to be negotiated, signed and ratified pursuant to the Nunavik Inuit AIP;

"Nunavik Inuit Marine Region Agreement-in-Principle" or "Nunavik Inuit AIP"

means the Agreement-in-Principle between Nunavik Inuit and Her Majesty the Queen in Right of Canada signed on October 25th, 2002;

"Nunavik Inuit AIP"

means the "Nunavik Inuit Marine Region Agreement-in-Principle";

"NMR"

means the "Nunavik Marine Region";

"Nunavik Marine Region" or "NMR"

means the area described in Article 3 of the Nunavik Inuit AIP as amended by section 1.7 hereof and including the Overlap Area;

"Nunavut Land Claims Agreement"

means the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada ratified, given effect and declared valid by the Nunavut Land Claims Agreement, S.C. 1993, c. 29;

"Overlap Area"

means the "Cree/Inuit Offshore Overlapping Interests Area";

"Total Allowable Take"

for a species, stock or population means an amount of wildlife able to be lawfully harvested;

"resources"

includes lands, minerals, wildlife, water and the environment generally;

"wildlife"

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

"water"

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

3.2 The preamble and schedules referred to in this Agreement form an integral part hereof.

3.3 The Overlap Area constitutes part of both the NMR and of the EMR.

Part IV - Wildlife Harvesting

4.1 Subject to the terms of this Agreement, throughout the Overlap Area, the Nunavik Inuit and the Crees of Eeyou Istchee shall have the same rights respecting the harvest of wildlife, with these rights being exercised in accordance with their respective customs and traditions in a manner so as not to compromise each other's harvesting activities.

4.2 The Nunavik Inuit shall not, without the consent of the Crees of Eeyou Istchee, harvest for commercial purposes nor exercise any harvest rights of a commercial nature or any rights to operate outfitting or recreational harvest facilities in the Cree Zone. The Crees of Eeyou Istchee shall not, without the consent of the Nunavik Inuit, harvest for commercial purposes nor exercise any harvest rights of a commercial nature or any rights to operate outfitting or recreational harvest facilities in the Inuit Zone.

4.3 Where the Basic Needs Levels for the Overlap Area of both the Nunavik Inuit and of the Crees of Eeyou Istchee exceed the Total Allowable Take in the Overlap Area for a specific species, stock or population of wildlife, the Total Allowable Take in the Overlap Area for the concerned species, stock or population of wildlife shall be allocated between the Nunavik Inuit and the Crees of Eeyou Istchee so as to reflect the ratio of their Basic Needs Levels for that species, stock or population, and both such allocations shall be awarded the same order of priority.

4.4 In the Joint Zone, the Total Allowable Take, the Basic Needs Levels and all other wildlife management responsibilities shall be jointly and equally determined and assumed by the bodies responsible for such under the Nunavik Inuit Final Agreement and the Crees of Eeyou Istchee Final Agreement. The Nunavik Inuit and the Crees of Eeyou Istchee shall have equal participation and an equal voice in such bodies when such bodies are making decisions or carrying out their responsibilities related to wildlife management in the Joint Zone.

4.5 In the Inuit Zone, the Total Allowable Take, the Basic Needs Levels and all other wildlife management responsibilities shall be determined and assumed by the body responsible for such under the Nunavik Inuit Final Agreement. The Crees of Eeyou Istchee shall be entitled to have an observer with the right of participating in the deliberations of such body when it is making any decisions or carrying out any of its responsibilities. This observer shall moreover be entitled to vote in such body and to replace an Inuit nominee therein when it is making decisions or carrying out its responsibilities related to wildlife management in the Inuit Zone.

4.6 In the Cree Zone, the Total Allowable Take, the Basic Needs Levels and all other wildlife management responsibilities shall be determined and assumed by the body responsible for such under the Crees of Eeyou Istchee Final Agreement. The Nunavik Inuit shall be entitled to have an observer with the right of participating in the deliberations of such body when it is making any decisions or carrying out any of its responsibilities. This observer shall moreover be entitled to vote in such body and to replace a Cree nominee therein when it is making decisions or carrying out its responsibilities related to wildlife management in the Cree Zone.

4.7 For greater certainty, the presumptions as to needs provided in sections 5.3.7 to 5.3.12 and the allocation of Total Allowable Take provided for in sections 5.3.13 and 5.3.14 of the Nunavik Inuit AIP (and any related provisions in the Nunavik Inuit Final Agreement) as well as any similar provisions in the Crees of Eeyou Istchee Final Agreement shall be shared and applied throughout the Overlap Area in a manner consistent with the level of harvest of each group within the Overlap Area.

4.8 The right of first refusal to establish and operate new commercial operations set out in section 5.3.15 of the Nunavik Inuit AIP (and any related provisions in the Nunavik Inuit Final Agreement) and any similar provisions in the Crees of Eeyou Istchee Final Agreement shall be jointly and equally held by Nunavik Inuit and the Crees of Eeyou Istchee in the Joint Zone. In the Cree Zone, this right will be exclusively exercised by the Crees of Eeyou Istchee. In the Inuit Zone, this right will be exclusively exercised by the Nunavik Inuit.

4.9 The GCC(EI) shall represent the Crees of Eeyou Istchee for all purposes related to wildlife management in the Joint Zone and in the Inuit Zone unless the GCC(EI) designates another organization for such purposes. Makivik Corporation shall represent the Nunavik Inuit for all purposes related to wildlife management in the Joint Zone and in the Cree Zone unless Makivik Corporation designates another organization for such purposes.

Part V - Land Ownership in the Overlap Area

A) Joint Zone

5.1 In the Joint Zone, lands may be selected pursuant to Article 11 of the Nunavik Inuit AIP (or its equivalent in the Nunavik Inuit Final Agreement) or pursuant to similar provisions under the Crees of Eeyou Istchee Final Agreement, only with the consent of both the GCC(EI) and of Makivik Corporation, which consent shall not be arbitrarily or unreasonably withheld.

5.2 Unless the GCC(EI) and Makivik Corporation agree otherwise, in the Joint Zone, all the lands shall be selected for joint ownership by the Crees of Eeyou Istchee and the Nunavik Inuit, and all lands selected therein by either group shall be jointly owned as provided herein.

5.3 In respect to any lands in the Joint Zone which are withdrawn from disposal under the Territorial Land Act or the Commissioner's Land Act, as may be applicable, and which require the consent of either Makivik or of the GCC(EI) to be leased or otherwise alienated, the parties agree that neither the consent of Makivik or of the GCC(EI) will be provided for such purposes unless both Makivik and the GCC(EI) jointly consent to said lease or alienation.

5.4 Upon the ratification of either the Nunavik Inuit Final Agreement or the Crees of Eeyou Istchee Final Agreement, whichever comes first, the lands selected by either the Nunavik Inuit or the Crees of Eeyou Istchee in the Joint Zone shall vest equally in a MDO on behalf of and for the benefit of Nunavik Inuit and in a GDO on behalf of and for the benefit of the Crees of Eeyou Istchee, as joint tenants and not as tenants in common. The Crees of Eeyou Istchee and the Nunavik Inuit shall have, through the MDO and the GDO respectively, the same and equal interests in such lands.

5.5 All provisions of the Nunavik Final Agreement applying to Nunavik Inuit Lands under the meaning of that Final Agreement, except provisions incompatible with the present Agreement such as provisions providing for vesting of Nunavik Inuit Land, but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands in the Joint Zone. Any rights or powers of a MDO under the Nunavik Final Agreement in respect of Nunavik Inuit Lands shall be exercised and enjoyed jointly and equally by a MDO and a GDO in respect of the jointly owned lands in the Joint Zone.

5.6 All provisions of the Crees of Eeyou Istchee Final Agreement applying to Cree Lands under the meaning of that Final Agreement, except provisions incompatible with the present Agreement such as provisions for vesting of Cree Lands, but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands in the Joint Zone. Any rights or powers of a GDO under the Crees of Eeyou Istchee Final Agreement in respect of Cree Lands shall be exercised and enjoyed jointly and equally by a GDO and a MDO in respect of the jointly owned lands in the Joint Zone.

5.7 With respect to any lands in the Joint Zone, and notwithstanding any other rule or process provided by statute, at law or in equity, neither the Nunavik Inuit nor the Crees of Eeyou Istchee shall:

1. create or dispose of a legal or equitable interest to or in the lands;

2. seek or submit to sever or partition the lands;

3. establish or operate facilities associated with the sports or commercial use of wildlife or facilities associated with the observations, study or enjoyment of natural or cultural features of the land; or

4. make use of the lands so as to cause physical alteration or in any way diminish their value;

without the prior written consent of both the Nunavik Inuit and the Crees of Eeyou Istchee acting through a MDO and a GDO respectively, and any act or instrument purporting to do so shall be null, void and of no effect.

B) Cree Zone

5.8 In the Cree Zone, to the exception of the lands described in schedule 6, no land may be selected by the Nunavik Inuit pursuant to Article 11 of the Nunavik Inuit AIP (or its equivalent in the Nunavik Inuit Final Agreement); and all other land selections made by the Nunavik Inuit pursuant to the Nunavik Inuit Final Agreement must be carried out in such a fashion as to ensure that the Cree of Eeyou Istchee will be capable of selecting for exclusive ownership 80% of the lands in the Cree Zone should they so desire.

5.9 The lands described in Schedule 6 will be taken out of the 80% land allocation for the Nunavik Inuit outside the Overlap Area and will not affect in any way the land allocation of the Crees of Eeyou Istchee as set out in the Crees of Eeyou Istchee Final Agreement.

C) Inuit Zone

5.10 In the Inuit Zone, no lands may be selected by the Crees of Eeyou Istchee pursuant to the Crees of Eeyou Istchee Final Agreement and all other land selections made by the Crees of Eeyou Istchee pursuant to the Crees of Eeyou Istchee Final Agreement must be carried out in such a fashion as to ensure that the Nunavik Inuit will be capable of selecting for exclusive ownership 80% of the lands in the Inuit Zone should they so desire.

Part VI: Other Interests, Benefits and Revenues

6.1 Notwithstanding any other provisions of the Nunavik Inuit Final Agreement and of the Crees of Eeyou Istchee Final Agreement, the Nunavik Inuit and the Crees of Eeyou Istchee shall jointly and equally benefit and share all and any interests, benefits and revenues arising, derived or related to the Joint Zone (including marine resources) and provided by or resulting from either or both Final Agreements.

6.2 For greater certainty, and without limiting the provisions of section 6.1, the Nunavik Inuit and the Crees of Eeyou Istchee shall jointly and equally benefit and share all and any revenues obtained by either and arising, derived or related to the Joint Zone and resulting from any right or interest to a share of resource revenues or resource royalties provided by either or both the Nunavik Inuit Final Agreement or the Crees of Eeyou Istchee Final Agreement.

6.3 In the Joint Zone, the rights of the Nunavik Inuit pursuant to Articles 12 (Protected Areas), 20 (Archaeology) and 21 (Ethnographic Resources and Archival Records) of the Nunavik Inuit AIP (and the related provisions of the Nunavik Inuit Final Agreement) shall be jointly held and shall apply on an equal basis to the Crees of Eeyou Istchee, and the functions of a MDO pursuant to these articles shall be exercised by an organization jointly designated by the GCC(EI) and Makivik Corporation to exercise these functions.

6.4 In the Cree Zone, the rights of the Nunavik Inuit pursuant to Articles 12, 20 and 21 of the Nunavik Inuit AIP (and the related provisions of the Nunavik Inuit Final Agreement) shall not be exercised and shall be fully transferred and assigned to the Crees of Eeyou Istchee to be held and exercised by the GCC(EI) or a GDO. In the event an archaeological find in the Eeyou Marine Region outside the Joint Zone can be reasonably attributed to Inuit populations, the GDO responsible for such shall consult Makivik in regard to the use and ownership of such find and of the artefacts related thereto.

6.5 In the Inuit Zone, the Crees of Eeyou Istchee shall not exercise under the Crees of Eeyou Istchee Final Agreement any rights similar to or equivalent to those set out pursuant to Articles 12, 20 and 21 of the Nunavik Inuit AIP. In the event an archaeological find in the Nunavik Marine Region outside the Joint Zone can be reasonably attributed to Cree populations, the MDO responsible for such shall consult the GCC(EI) in regard to the use and ownership of such find and of the artefacts related thereto.

6.6 Neither the Crees of Eeyou Istchee nor the Nunavik Inuit shall carry out any mineral resources development or any other economic or business related activities on Crown lands in the Joint Zone without the consent of the other. Such consent may be given by the GCC(EI) for the Crees of Eeyou Istchee and by Makivik Corporation for the Nunavik Inuit.

6.7 Neither the Crees of Eeyou Istchee nor the Nunavik Inuit shall operate any wildlife outfitting activities (including sport lodges and naturalist lodges) or commercial wildlife harvesting anywhere in the Joint Zone (including marine areas and Crown lands) without the consent of the other. Such consent may be given by the GCC(EI) for the Crees of Eeyou Istchee and by Makivik Corporation for the Nunavik Inuit.

6.8 Should either the Crees of Eeyou Istchee or the Nunavik Inuit wish to carry out mineral resources development activities or other economic or business related activities in marine areas located in the Joint Zone, they shall consult the other before proceeding with such activities. Such consultation shall be carried out with the GCC(EI) for the Crees of Eeyou Istchee and with Makivik Corporation for the Nunavik Inuit.

Part VII: Management in the Overlap Area

7.1 In the Cree Zone, the management regimes provided in the Crees of Eeyou Istchee Final Agreement, including those related to wildlife management, planning, land and water management and development impact assessment, shall apply and shall be substituted to any other similar regimes provided for in the Nunavik Inuit Final Agreement.

7.2 When making a decision concerning the Cree Zone which may directly affect rights or interest of Nunavik Inuit, the bodies or organizations designated or created pursuant to the Crees of Eeyou Istchee Final Agreement for planning, land and water management and development impact assessment, shall ensure the effective participation and an effective voice for the Nunavik Inuit in such body or organization when making such decision.

7.3 In the Inuit Zone, the management regimes provided in the Nunavik Inuit Final Agreement, including those related to wildlife management, planning, land and water management and development impact assessment, shall apply and shall be substituted to any other similar regimes provided for in the Crees of Eeyou Istchee Final Agreement.

7.4 When making a decision concerning the Inuit Zone which may directly affect rights or interests of Crees of Eeyou Istchee, the bodies or organization designated or created pursuant to the Nunavik Inuit Final Agreement for planning, land and water management and development impact assessment, shall ensure the effective participation and an effective voice for the Crees of Eeyou Istchee in such body or organization when making such decision.

7.5 In the Joint Zone, the management regimes provided in both the Nunavik Inuit Final Agreement and the Crees of Eeyou Istchee Final Agreement, including those related to wildlife management, planning, land and water management and development impact assessment, shall apply jointly and equally. The Nunavik Inuit and the Crees of Eeyou Istchee shall have equal participation and an equal voice in the bodies or organisations designated or created under these Final Agreements for such purposes when they are making decisions or carrying out their responsibilities in the Joint zone.

7.6 In the event the Nunavik Inuit Final Agreement is ratified prior to the Crees of Eeyou Istchee Final Agreement, the GCC(EI) shall exercise all management responsibilities for the Crees of Eeyou Istchee in the Joint Zone in order to render effective sections 7.4 and 7.5 hereof between the date the Nunavik Inuit Final Agreement becomes effective and the date the Crees of Eeyou Istchee Final Agreement becomes effective.

7.7 In the event the Crees of Eeyou Istchee Final Agreement is ratified prior to the Nunavik Inuit Final Agreement, Makivik shall exercise all management responsibilities for the Nunavik Inuit in the Joint Zone in order to render effective sections 7.2 and 7.5 hereof between the date the Crees of Eeyou Istchee Final Agreement becomes effective and the date the Nunavik Inuit Final Agreement becomes effective.

Part VIII: Settlement of Disputes

8.1 Generally, the parties will endeavour to avoid recourse to the judicial system for the purposes of the interpretation and implementation of this Agreement and the provisions of the Nunavik Inuit Final Agreement and of the Crees of Eeyou Istchee Final Agreement reproducing this Agreement. To this end, the parties agree to put in place a dispute resolution mechanism to ensure that recourse to courts or other forums only occurs as a last resort.

8.2 For the purposes of this dispute resolution mechanism, a dispute is defined as any controversy, claim or disagreement arising out of the interpretation or implementation of this Agreement or of the provisions of either the Nunavik Inuit Final Agreement or of the Crees of Eeyou Istchee Final Agreement reproducing this Agreement and which is formally raised by any of the parties for these purposes.

8.3 The only parties authorized to bring disputes for resolution under the present dispute resolution mechanism are the GCC(EI) or a GDO and Makivik Corporation or a MDO.

8.4 The parties will endeavour in good faith to settle the dispute through cooperation and consultation in order to arrive at a mutually satisfactory solution.

8.5 Failing resolution by the parties, the dispute shall be referred to an independent and impartial third party for mediation as hereinafter set out:

1. the mediator shall be chosen jointly by the parties, and failing agreement, by a Judge of the Québec Superior Court, upon application to the court;

2. the parties shall each submit to the mediator their views on the issue in dispute;

3. the parties undertake that as a condition of the mediation process, to renounce to any prescription acquired and to agree that prescription (if applicable) of any right, claim or matter which is the subject of the dispute shall be interrupted and shall, if necessary, be specifically renounced from time to time until the mediator declares the mediation process to be at an end;

4. the mediation process and all proceedings in connection therewith shall be and will remain confidential;

5. the mediator shall not issue a report or make any recommendations unless authorized to do so by all the parties;

6. any party may request that the mediator terminate the mediation process when there are reasonable and probable grounds to believe that, despite the best efforts of the parties acting in good faith, no settlement is likely to be reached in the dispute through mediation.

8.6 At any time during the course of the mediation process, the parties may agree to grant to the mediator the powers, authority and jurisdiction of an arbitrator, including those of an amiable compositeur, the whole within the meaning, and as set out in the Civil Code of Québec and the Code of Civil Procedure of Québec.

8.7 Each party will assume its expenses related to the mediation and half the expenses and fees of the mediator.

Part IX: Status and Security of Rights

9.1 In addition to any person or body that is recognized by laws of general application as having standing, a MDO on behalf of the Nunavik Inuit and a GDO on behalf of the Crees of Eeyou Istchee shall have standing before an appropriate court or other body to enforce this Agreement and the provisions of the Nunavik Inuit Final Agreement and of the Crees of Eeyou Istchee Final Agreement in which the terms of this Agreement are reproduced, against the Crown or any person.

9.2 This Agreement, and the provisions of the Nunavik Inuit Final Agreement and of the Crees of Eeyou Istchee Final Agreement in which its terms are reproduced, shall not be amended without the prior written consent of both the GCC(EI) and of Makivik.

9.3 The parties will ensure that the Government of Canada will not include any provisions contrary to this Agreement in either the Nunavik Inuit Final Agreement, the Crees of Eeyou Istchee Final Agreement or in any legislation implementing their terms.

Signatures

AND THE PARTIES HAVE SIGNED at Whapmagoostui / Kuujjuaraapik, this 30th day of April, 2003.

GRAND COUNCIL OF THE CREES

(EEYOU ISTCHEE)

Per: (S) Ted Moses

(S) Roderick Pachano

Witness

Per: (S) David Masty

MAKIVIK CORPORATION

Per: (S) Pita Aatami

(S) Anthony Ittoshat

Witness

Per: (S) Johnny Peters

Schedule 1: Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area

The Cree/Inuit Offshore Overlapping Interests Area (Overlap Area), as illustrated on Schedule 1a and Schedule 5, includes all the marine areas, islands, lands and waters within the following boundary:

1. Commencing at the boundary of Québec south of Chisasibi, as illustrated on Schedule 1a and Schedule 1b, at the intersection of 53°45'31"N latitude and approximate 79°04'56"W longitude;

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;

3. thence northwesterly following the geodesic line to a point at the intersection of 54°00'N latitude and 80°50'W longitude;

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;

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;

6. 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;

7. 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;

8. 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;

9. 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;

10. 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;

11. thence north following 77°25'W longitude, coincident with the NSA, to a point at the intersection of 57°00'N latitude;

12. thence northwesterly, coincident with the NSA, to a point at the intersection of 57°40'N latitude and 78°00'W longitude;

13. thence north following 78°00'W longitude to a point at the intersection of 57°47'56"N latitude;

14. thence east following 57°47'56"N latitude, passing approximately one kilometer north of Cotter Island, as illustrated on Schedule 1c, to a point at the intersection with the boundary of Québec at approximate 76°58'45"W longitude;

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

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 1a: Map "Cree / Inuit Offshore Overlapping Interests Area"

Schedule 1b: Map "Southern Boundary of the Cree / Inuit Offshore Overlapping Interests Area"

Schedule 1c: Map "Northern Boundary of the Cree / Inuit Offshore Overlapping Interests Area"

Schedule 2: Geographic Coordinates of the Joint Inuit / Cree Zone

The Joint Inuit/Cree Zone (Joint Zone), as illustrated on Schedule 2a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing 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, as illustrated on Schedule 2b;

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 Nunavut Land Claims Agreement;

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;

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;

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;

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;

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;

9. thence, coincident with the NSA, 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;

10. thence east, as illustrated in Schedule 2c, 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;

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;

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;

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

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 2a: Map "Joint Inuit / Cree Zone"

Schedule 2b: Map "Southern Boundary of the Joint Inuit / Cree Zone"

Schedule 2c: Map "Northern Boundary of the Joint Inuit / Cree Zone"

Schedule 3: Geographic Coordinates of the Cree Zone

The Cree Zone, as illustrated on Schedule 3a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing, as illustrated on Schedule 1b and Schedule 3a, 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;

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;

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;

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

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;

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;

8. thence southeasterly, as illustrated on Schedule 2b, 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;

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

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 3a: Map "Cree Zone"

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Schedule 4: Geographic Coordinates of the Inuit Zone

The Inuit Zone, as illustrated on Schedule 4a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing, as illustrated in Schedule 2c and Schedule 4a, 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;

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 coordinate point 11 of Schedule 2;

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;

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 Nunavut Land Claim Agreement, west of the Nastapoka Islands, for greater certainty being also point 9 of Schedule 2;

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;

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;

7. thence north following 78°00'W longitude to a point at the intersection of 57°47'56"N latitude, for greater certainty being also point 13 of Schedule 1;

8. thence east following 57°47'56"N latitude, passing approximately one kilometer north of Cotter Island, as illustrated on Schedule 1c, to a point at the intersection with the boundary of Québec at approximate 76°58'45"W longitude, for greater certainty being also point 14 of Schedule 1;

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

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 4a: Map "Inuit Zone"

Schedule 5: Map "Cree / Inuit Offshore Overlapping Interests Area with Indication of Zones"

Schedule 6: Lands Selected by Nunavik Inuit in the Cree Zone

As illustrated in Schedule 6a, the following lands are selected by Nunavik Inuit:

1. Grass Island (Aamishkushiiunikaach) of which the center is located at approximately 53°47'50"N latitude and approximate 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 center of which is located at approximately 53°49'45"N latitude and approximately 79°06'00"W longitude (locally known as Uchimaauminishtikw);

• Sam Island: the center of which is located at approximately 53°50'00"N latitude and approximately 79°06'00"W longitude; and

• Seal Islands: the center of which is located at approximately 53°49'45"N latitude and approximately 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 6a - Map "Lands Selected by Nunavik Inuit in the Cree Zone"

Article 29: Nunavik Inuit Rights and Interests in the Labrador Inuit Settlement Area Portion of the Overlap Area

Part 29.1: Preamble

29.1.1 Whereas Canada agreed to resolve the claim of the Nunavik Inuit respecting Labrador and7.1 the area offshore Labrador;

29.1.2 Whereas Nunavik Inuit and Labrador Inuit have agreed that the area described in Schedule 29-1 is an overlap area;

29.1.3 Whereas Nunavik Inuit and Labrador Inuit have entered into an Agreement relating to the sharing of the Nunavik Inuit/Labrador Inuit Overlap Area (the Overlap Agreement); and

29.1.4 Whereas this article sets out rights of Nunavik Inuit in the Labrador Inuit Settlement Area portion of the overlap area.

Part 29.2: Definitions and Interpretation

29.2.1 In this article:

"archaeological activity"

means physical activity carried out in the Labrador Inuit Settlement Area in connection with the discovery, recovery or field study of the remains of pre-contact and post-contact periods and includes an "archaeological investigation" as defined in the Historic Resources Act, RSNL 1990, c. H-4 and any activity that disturbs or may result in the disturbance of an archaeological site or archaeological material;

"archaeological material"

means an object of archaeological importance, interest or significance found in whole or in part on or in land in the Labrador Inuit Settlement Area and includes an "archaeological object" as defined in the Historic Resources Act, RSNL 1990, c. H-4, but does not include Inuit cultural material;

"archaeological site"

means land in the Labrador Inuit Settlement Area containing archaeological material or where an archaeological activity is conducted;

"carving stone"

means soapstone and serpentinite that is suitable for carving purposes;

"consult"

means to provide:

1. to the person being consulted, notice of a matter to be decided in sufficient form and detail to allow that person to prepare its views on the matter;

2. a reasonable period of time in which the person being consulted may prepare its views on the matter, and an opportunity to present its views to the person obliged to consult; and

3. full and fair consideration by the person obliged to consult of any views presented;

"fish"

includes:

1. parts of fish;

2. shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals; and

3. the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"harvest"

means the reduction or attempted reduction of wildlife, plants, fish or aquatic plants into possession, and includes fishing, hunting, trapping, netting, egging, picking, collecting, gathering, spearing, killing, catching, capturing or taking by any means or method and, with reference to plants, includes wooding, cutting or digging or attempting to do so;

"Inuit cultural material"

means any object from the Labrador Inuit Settlement Area, other than Archaeological Material, that is made, modified or used by humans and collected and documented for the interpretation and descriptive study of human culture and that is of cultural importance to Inuit or of value for the information it may give about contemporary, post-contact or pre-contact Inuit, but does not include Archival Records;

"Inuit domestic harvest level"

means the quantity of a species or stock of fish or aquatic plant established in accordance with part 13.6 of the Labrador Inuit Land Claims Agreement;

"Inuit harvest level"

means the quantity of a species or population of wildlife or plant established in accordance with part 12.4 of the Labrador Inuit Land Claims Agreement;

"Labrador Inuit"

means the same as Inuit as defined in the Labrador Inuit Land Claims Agreement;

"Labrador Inuit Settlement Area portion"

as described in Schedule 29-2, is the "Labrador portion" of the Overlap Agreement.

"Nunatsiavut Government"

means the government established under the Labrador Inuit Constitution pursuant to subsection 17.3.3 (a) of the Labrador Inuit Land Claims Agreement;

"Nunavik Marine Region portion"

as described in Schedule 29-3, is the "Nunavik Marine portion" of the Overlap Agreement.

"plant"

means any species of plant, other than an aquatic plant, that is wild by nature and all seeds, parts and products thereof and includes trees and wild plant species that have been planted or transplanted in the wild by humans;

"wildlife"

means all species and populations of wild mammals, amphibians and birds and all parts and products thereof, but does not include fish;

"total allowable harvest"

means the total quantity of a species or population of wildlife or plant that may be lawfully harvested.

Part 29.3: Harvesting

29.3.1 Nunavik Inuit have the right to harvest wildlife, plants, fish and aquatic plants in the Labrador Inuit Settlement Area portion of the overlap area, as set out in this Article.

29.3.2 (a) Nunavik Inuit rights and obligations respecting the harvesting of wildlife and plants in the Labrador Inuit Settlement Area portion of the overlap area shall be the same as those of Labrador Inuit under Chapter 12 of the Labrador Inuit Land Claims Agreement except Nunavik Inuit do not have rights under sections 12.3.6, 12.3.7, 12.3.8, and parts 12.7, 12.8, 12.9, 12.10, 12.12 and 12.14 of the Labrador Inuit Land Claims Agreement.

(b) Section 9.2.11 of the Labrador Inuit Land Claims Agreement shall apply to Nunavik Inuit harvesting under paragraph 29.3.2 (a) of this article.

29.3.3 In recommending any Inuit harvest level for a species or population of wildlife or plant in the Labrador Inuit Settlement Area portion of the overlap area under section 12.4.5 of the Labrador Inuit Land Claims Agreement, the Nunatsiavut Government shall take into account historic and current harvesting of that species or population by Nunavik Inuit and Labrador Inuit.

29.3.4 Nunavik Inuit shall determine with Labrador Inuit how to allocate any established Inuit harvest level for a species of population of wildlife or plant between Labrador Inuit and Nunavik Inuit. Their joint determination shall be provided to the Nunatsiavut Government. Any allocations under this section shall not exceed the Inuit harvest level established for that species or population of wildlife or plant.

29.3.5 Nunavik Inuit and Labrador Inuit have the right to share the right to harvest set out in sections 12.3.6 and 12.3.7 of the Labrador Inuit Land Claims Agreement and section 5.3.7 of this Agreement, subject to any applicable obligations, in the Labrador Inuit Settlement Area portion of the overlap area and the Nunavik Marine Region portion of the overlap area. The harvest shall not exceed the total allowable harvest or total allowable take within either of those overlap areas.

29.3.6 (a) Nunavik Inuit rights and obligations respecting the harvesting of fish and aquatic plants in the Labrador Inuit Settlement Area portion of the overlap area shall be the same as those of Labrador Inuit under Chapter 13 of the Labrador Inuit Land Claims Agreement except Nunavik Inuit do not have rights under Parts 13.9, 13.10, 13.11, 13.12, 13.13 and 13.14 of the Labrador Inuit Land Claims Agreement.

(b) Section 9.2.11 of the Labrador Inuit Land Claims Agreement shall apply to Nunavik Inuit harvesting under paragraph 29.3.6 (a) of this Agreement.

29.3.7 Nunavik Inuit shall determine with Labrador Inuit how to allocate any established Inuit domestic harvest level between Labrador Inuit and Nunavik Inuit. Their joint determination shall be provided to the Nunatsiavut Government. Any allocations under this section shall not exceed the Inuit domestic harvest level established for that species or population.

29.3.8 In recommending any Inuit domestic harvest level for a species or stock of fish or aquatic plant in the Labrador Inuit Settlement Area portion of the overlap area under section 13.6.4 of the Labrador Inuit Land Claims Agreement, the Nunatsiavut Government shall take into account historic and current harvesting of that species or stock by Nunavik Inuit and Labrador Inuit.

29.3.9 In recommending a basic needs level or adjusted basic needs level for a stock, species or population of wildlife in the Nunavik Marine Region portion of the Overlap Area under section 5.2.3, the Nunavik Marine Region Wildlife Board shall take into account historic and current harvesting of that stock, species or population by Nunavik Inuit and Labrador Inuit.

Part 29.4: Carving Stone

29.4.1 Nunavik Inuit have the right to extract carving stone in the Labrador Inuit Settlement Area portion of the overlap area. Notwithstanding section 4.6.9 of the Labrador Inuit Land Claims Agreement, Labrador Inuit have agreed to share the right to extract carving stone in the Labrador Inuit Settlement Area portion of the overlap area. The rights and obligations of Nunavik Inuit shall be the same as those of the Labrador Inuit under sections 4.6.9 and 9.2.13 of the Labrador Inuit Land Claims Agreement.

29.4.2 The Nunavik Inuit right to extract carving stone under section 29.4.1 includes the right to remove and transport carving stone from Labrador to Quebec.

Part 29.5: National Parks

29.5.1 Prior to completion of the Nunavik Inuit Land Claims Agreement, Nunavik Inuit and Parks Canada Agency shall negotiate a park impacts and benefits agreement for the Torngat Mountains National Park Reserve of Canada. The park impacts and benefits agreement shall address the matters set out in section 9.2.2 of the Labrador Inuit Land Claims Agreement. The Nunavik Inuit park impacts and benefits agreement shall be designed to provide Nunavik Inuit with opportunities comparable to the Labrador Inuit in respect of business, hiring and participation in management related to the Torngat Mountains National Park Reserve of Canada.

29.5.2 Nunavik Inuit and Parks Canada Agency shall attempt to harmonize any Nunavik Inuit park impacts and benefits agreement for the Torngat Mountains National Park Reserve of Canada with the Labrador Inuit Park Impacts and Benefits Agreement for the Torngat Mountains National Park Reserve of Canada.

29.5.3 A Nunavik Inuit park impacts and benefits agreement shall not form part of the Nunavik Inuit Land Claims Agreement, is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Part 29.6: Archaeological Resources

29.6.1 Where archaeological sites, archaeological materials and Inuit cultural materials are determined by Nunavik Inuit and Labrador Inuit to be those of Nunavik Inuit, or of both Nunavik Inuit and Labrador Inuit, Nunavik Inuit shall have the same rights and obligations as Labrador Inuit with respect to the treatment of archaeological materials, archaeological sites and Inuit cultural materials in the Labrador Inuit Settlement Area portion of the overlap area.

29.6.2 Upon receipt of an application for a permit to conduct archaeological activities in the Torngat Mountains National Park Reserve of Canada, Parks Canada Agency, as the permitting authority, shall forward a copy of the application to Makivik Corporation as soon as practicable.

29.6.3 Prior to issuing a permit to conduct archaeological activity in the Torngat Mountains National Park Reserve of Canada, Parks Canada Agency, as the permitting authority, shall consult Makivik Corporation about the permit application, whether or not a permit should be issued and, if so, the terms and conditions to be attached to it.

Part 29.7: Inuit Burial Sites, Human Remains and Sites of Religious or Spiritual Significance

29.7.1 Nunavik Inuit shall provide Parks Canada Agency with a list of known Nunavik Inuit burial sites and sites of religious or spiritual significance in the Labrador Inuit Settlement Area portion of the overlap area. Such list shall be provided by the effective date of the Nunavik Inuit Land Claims Agreement and may be amended or supplemented by Makivik Corporation which shall then provide the list, as amended or supplemented, to Parks Canada Agency.

29.7.2 Nunavik Inuit shall have the same rights and obligations as Labrador Inuit with respect to the treatment of human remains and sites of religious or spiritual significance in the Labrador Inuit Settlement Area portion of the overlap area where such human remains or sites of religious or spiritual significance have been determined by Nunavik Inuit and Labrador Inuit to be of Nunavik Inuit origin.

Part 29.8: Place Names

29.8.1 Canada shall consult Nunavik Inuit with respect to place names in the Labrador Inuit Settlement Area portion of the overlap area in the same manner as Labrador Inuit are consulted under part 16.4 of the Labrador Inuit Land Claims Agreement.

Part 29.9: Amendment

29.9.1 Canada shall not agree, without the consent of the Nunavik Inuit, to any amendment of the Labrador Inuit Land Claims Agreement that would affect the rights of Nunavik Inuit in the Labrador Inuit Settlement Area portion of the overlap area. For greater certainty, the Labrador Inuit Settlement Area portion of the Overlap Area may not be amended without the consent of the Nunavik Inuit.

Schedule 29-1: Geographic Coordinates of the Nunavik Inuit/Labrador Inuit Overlap Area Within NILCA

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Nunavik Inuit / Labrador Inuit Overlap Area is bounded within the following:

1. Commencing at the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec on the southern shore of McLelan Strait;

2. Thence westerly and southerly along the boundary of Quebec to the intersection of 66°21'40"W longitude at Cap Naujaat, at approximate 58°51'10"N latitude;

3. Thence northerly, following the geodesic line, to a point offshore northeast of Sallijukak Islet and northwest of Beacon Island at the intersection of 59°00'30"N latitude and 66°21'45"W longitude;

4. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°10'20"N latitude and 66°14'05"W longitude;

5. Thence northerly, following the geodesic line, to a point at the intersection of 59°17'45"N latitude and 66°13'40"W longitude;

6. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°25'30"N latitude and 66°04'45"W longitude;

7. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°29'15"N latitude and 65°58'20"W longitude;

8. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°34'55"N latitude and 65°54'30"W longitude;

9. Thence northwesterly, following the geodesic line, to a point at the intersection of 59°44'50"N latitude and 65°57'10"W longitude;

10. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°49'05"N latitude and 65°53'25"W longitude;

11. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°05'50"N latitude and 65°29'45"W longitude;

12. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°24'30"N latitude and 65°13'55"W longitude;

13. Thence northerly, following the geodesic line, to a point at the intersection of 60°34'10"N latitude and 65°11'45"W longitude;

14. Thence northeasterly, following the geodesic line, to a point northwest of the Button Islands at the intersection of 60°45'00"N latitude and 64°57'45"W longitude;

15. Thence east along 60°45'00"N latitude to the intersection with a line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act;

16. Thence in a general southerly direction following the line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act to the intersection of that limit with 58°30'45"N latitude;

17. Thence westerly, following the geodesic line, to a point south of Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W longitude;

18. Thence westerly, following the geodesic line, to a point southeast of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W longitude;

19. Thence southwesterly, following the geodesic line, to a point southwest of Upernavik Island at the intersection of 58°28'10"N latitude and 62°59'45"W longitude;

20. Thence northwesterly, following the geodesic line, to a point southwest of Branagin Island at the intersection of 58°29'25"N latitude and 63°11'00"W longitude;

21. Thence westerly, following the geodesic line, to point NP1 as illustrated in Canada Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Land Office, St. John's, Newfoundland and Labrador under No. SP369;

22. Thence southwesterly and northwesterly following the surveyed line to point NP13, as illustrated on Canada Lands Survey Record 89784;

23. Thence northwesterly, extending the line from NP13 through NP14 to a point where it intersects the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec;

Thence northerly following said Jurisdictional Boundary to the point of commencement.

The Nunavik Inuit / Labrador Inuit Overlap Area, includes all the marine area, islands, lands and waters within the bounded area excluding the following:

1. As illustrated in the Detail B, C and D of the descriptive map plan prepared by the Department of Natural Resources Canada, Canada Lands Survey Record 89788, dated November 15, 2004 and recorded in the Land Registry Office at St John's, Newfoundland and Labrador under Number SP 367:

   • Detail B: Parcel 98-1 and Parcel "LAB 1"

   • Detail C: Labrador Inuit Lands parcel LIL-01

   • Detail D: Parcels A, B, C and D.

2. Water Lot WL-01, for greater certainty being that lot adjacent to LIL-01. For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Schedule 29-1a: Shaded area represents the part of the Nunavik Inuit/Labrador Inuit Overlap Area relevant to this Agreement

Schedule 29-2: Geographic Coordinates of the Labrador Inuit Settlement Area Portion of the Overlap Area

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Labrador Inuit Settlement Area portion of the Overlap Area (the LISA Portion as illustrated on Schedule 29-1a), is bounded within the following:

1. Commencing on Killiniq Island at the intersection of the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Territory of Nunavut at the shoreline of Cape Chidley;

2. Thence northeasterly in a straight line to the point offshore at 60°23'N latitude and 64°24'W longitude;

3. Thence northerly in a straight line to the point offshore at 60°45'00"N latitude and 64°24'W longitude;

4. Thence proceeding east along 60°45'00"N latitude to the intersection with a line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act;

5. Thence in a general southerly direction following the line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act to the intersection of that limit with 58°30'45"N latitude;

6. Thence westerly, following the geodesic line, to a point south of Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W longitude;

7. Thence westerly, following the geodesic line, to a point southeast of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W longitude;

8. Thence southwesterly, following the geodesic line, to a point southwest of Upernavik Island at the intersection of 58°28'10"N latitude and 62°59'45"W longitude;

9. Thence northwesterly, following the geodesic line, to a point southwest of Branagin Island at the intersection of 58°29'25"N latitude and 63°11'00"W longitude;

10. Thence westerly, following the geodesic line, to point NP1 as illustrated in Canada Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Land Office, St. John's, Newfoundland and Labrador under No. SP369;

11. Thence southwesterly and northwesterly following the surveyed line to point NP13, as illustrated on Canada Land Survey Records 89784;

12. Thence northwesterly, extending the line from NP13 through NP14 to a point where it intersects the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec;

13. Thence in a general northerly direction following said Jurisdictional Boundary to the intersection with the southern shoreline of McLelan Strait;

14. Thence northeasterly to the intersection point of the Jurisdictional Boundary of the Province of Newfoundland and Labrador and Nunavut Territory with the northern shoreline of McLelan Strait on Killiniq Island;

Thence in a general northerly direction following said Jurisdictional Boundary to the point of commencement.

The Labrador Inuit Settlement Area portion of the Overlap Area, includes all the marine area, islands, lands and waters within the bounded area excluding the following:

1. As illustrated in the Detail B, C and D of the descriptive map plan prepared by the Department of Natural Resources Canada, Canada Lands Survey Record 89788, dated November 15, 2004 and recorded in the Land Registry Office at St John's, Newfoundland and Labrador under Number SP 367:

   • Detail B: Parcel 98-1 and Parcel "LAB 1"

   • Detail C: Labrador Inuit Lands parcel LIL-01

   • Detail D: Parcels A, B, C and D.

2. Water Lot WL-01, for greater certainty being that lot adjacent to LIL-01. For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Schedule 29-3: Geographic Coordinates of the Nunavik Marine Region Portion of the Overlap Area

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Nunavik Marine Region portion of the Overlap Area (the NMR Portion as illustrated on Schedule 29-1a), includes all the Nunavut marine area, islands, lands and waters bounded within the following:

1. Commencing at the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec on the southern shore of McLelan Strait;

2. Thence westerly and southerly along the boundary of Quebec to the intersection of 66°21'40"W longitude at Cap Naujaat, at approximate 58°51'10"N latitude;

3. Thence northerly, following the geodesic line, to a point offshore northeast of Sallijukak Islet and northwest of Beacon Island at the intersection of 59°00'30"N latitude and 66°21'45"W longitude;

4. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°10'20"N latitude and 66°14'05"W longitude;

5. Thence northerly, following the geodesic line, to a point at the intersection of 59°17'45"N latitude and 66°13'40"W longitude;

6. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°25'30"N latitude and 66°04'45"W longitude;

7. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°29'15"N latitude and 65°58'20"W longitude;

8. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°34'55"N latitude and 65°54'30"W longitude;

9. Thence northwesterly, following the geodesic line, to a point at the intersection of 59°44'50"N latitude and 65°57'10"W longitude;

10. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°49'05"N latitude and 65°53'25"W longitude;

11. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°05'50"N latitude and 65°29'45"W longitude;

12. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°24'30"N latitude and 65°13'55"W longitude;

13. Thence northerly, following the geodesic line, to a point at the intersection of 60°34'10"N latitude and 65°11'45"W longitude;

14. Thence northeasterly, following the geodesic line, to a point northwest of the Button Islands at the intersection of 60°45'00"N latitude and 64°57'45"W longitude;

15. Thence east along 60°45'00"N latitude to the intersection of 64°24'W longitude, northeast of the Button Islands, being a point coincident with the Labrador Inuit Settlement Area, as defined in the Land Claims Agreement Between the Inuit of Labrador and Her Majesty the Queen In Right Of Newfoundland and Labrador and Her Majesty The Queen In Right Of Canada;

Thence southerly and southwesterly, coincident with the Labrador Inuit Settlement Area, to the point of commencement.

For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Article 30: Commercial Fishing and Aquatic Plant Gathering Offshore Labrador

Part 30.1: Definitions

30.1.1

"area adjacent to the fishing area"

means those Canadian fisheries waters within that portion of Northwest Atlantic Fisheries Organization Division 2G above the 58th parallel adjoining and lying due east of the fishing area as illustrated on Schedule 30-3.

"fishing area"

means that portion of Northwest Atlantic Fisheries Organization Division 2G above the 58th parallel extending between 12 and 40 nautical miles from the limit as defined in the Territorial Sea Geographical Coordinates Order pursuant to the Oceans Act, as amended from time to time as illustrated on Schedule 30-3.

Part 30.2: Commercial Fishing and Aquatic Plant Gathering

30.2.1 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences for scallops, Atlantic salmon and arctic char in the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.2 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish in the fishing area for species or stock of fish listed in schedule 30-1 than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.3 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish for species or stock of fish listed in schedule 30-2 in that area adjacent to the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.4 Subject to section 30.2.8, if after the effective date of this Agreement the Minister decides to issue commercial fishing licences to fish in the fishing area for a species or stock of fish listed in schedule 30-1 that was not subject to commercial licensing on the effective date of this Agreement, the Minister shall offer 10% of the licences to Nunavik Inuit.

30.2.5 Subject to section 30.2.8, if after the effective date of this Agreement the Minister decides to issue commercial fishing licences to fish in the area adjacent to the fishing area for a species or stock of fish listed in schedule 30-2 that was not subject to commercial licensing on the effective date of this Agreement, the Minister shall offer to issue 10% of the licences to Nunavik Inuit.

30.2.6 If in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish for shrimp in the area adjacent to the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer access to Nunavik Inuit through an additional commercial fishing licence issued to Nunavik Inuit or by some other means to 8.8% of the quantity available to be harvested under those licences.

30.2.7 Subject to section 30.2.8, if after the effective date of this Agreement, the Minister decides to issue commercial licences to harvest in the fishing area and the area adjacent to the fishing area an aquatic plant that was not subject to commercial licencing on the effective date of this Agreement, the Minister shall offer to issue 10% of the licences to Nunavik Inuit.

30.2.8 If the system for allocating commercial opportunities in relation to a species or stock of fish or aquatic plant changes from the system existing on the effective date of this Agreement, the Minister shall offer to Nunavik Inuit participation under the new system that is at least as favourable as that set out under sections 30.2.1 through 30.2.7 in relation to that species or stock of fish or aquatic plant.

30.2.9 Nothing in this part prevents the Minister from continuing to issue commercial fishing licences available for issuance on the effective date of this Agreement.

30.2.10 All licences issued to Makivik under this part shall be subject to laws of general application governing any other similar licence.

30.2.11 For purposes of calculating the number of licences available for issuance in sections 30.2.1, 30.2.2, 30.2.3 and 30.2.6, a licence is deemed to be available for issuance if a person is eligible to be issued the licence in accordance with the then existing federal policy for the issuance of commercial fishing licences.

Schedule 30-1

• GREY SEAL

• HARP SEAL

• RINGED SEAL

• HARBOUR SEAL

• HOODED SEAL

• BEARDED SEAL

• WALRUS

• CLAM

• MUSSEL

• SQUID

• WHELK

• SHRIMP

• SEA URCHIN

• SEA CUCUMBER

• STAR FISH

• LUMP FISH

• ROCK COD

• TOM COD

• SCULPIN

• SMELT

• CAPELIN

• EEL

• SAND LANCE

• MACKEREL

• HERRING

• WOLF FISH

• BROOK TROUT

• LAKE TROUT

• OUANANICHE

• NORTHERN PIKE

• WHITEFISH

• LANDLOCKED CHAR

• BURBOT

• SKATE

• SUCKERS

• SHARK

• ARCTIC COD (POLAR COD)

• GRENADIER

• ATLANTIC HALIBUT

• FLOUNDER

• SOLE

• PLAICE

• REDFISH

• ROCK CRAB

• TOAD CRAB

• SNOW CRAB

• PORCUPINE CRAB

• STONE CRAB

• SPINY CRAB

• SEA TROUT

• GREENLAND HALIBUT (TURBOT)

The list in this schedule is subject to the addition of further species or stocks of Fish as agreed to by Makivik and the Minister.

Schedule 30-2

• HARP SEAL

• HOODED SEAL

• TOAD CRAB

• SNOW CRAB

• SEA CUCUMBER

• SAND LANCE

• WOLF FISH

• PORCUPINE CRAB

• SHARK

• ARCTIC COD (POLAR COD)

• GRENADIER

• ATLANTIC HALIBUT

• FLOUNDER

• SOLE

• PLAICE

• STONE CRAB

• SPINY CRAB

• CAPELIN

• SQUID

• SKATE

• REDFISH

• GREENLAND HALIBUT (TURBOT)

The list in this schedule is subject to the addition of further species or stocks of Fish as agreed to by Makivik and the Minister.

Schedule 30-3

Signatories to the Agreement

SIGNED at Kuujjuaq the 1st day of December, 2006.

FOR:

HER MAJESTY THE QUEEN
IN RIGHT OF CANADA

On behalf of the Government of Canada

________________________
The Honourable Jim Prentice
Minister of Indian Affairs and Northern Development

________________________
W.T. Molloy, OC
Chief Federal Negotiator

On Behalf of the Government of Nunavut

________________________
The Honourable Paul Okalik,
Premier of Nunavut

________________________
William MacKay,
Negotiator, Government of Nunavut