ARTICLE 35: ENROLMENT

PART 1

PRINCIPLES AND OBJECTIVES

35.1.1

This Article:

(a)

recognizes that Inuit are best able to define who is an Inuk for the purposes of this Agreement;

(b)

guarantees that the Inuit of the Nunavut Settlement Area will be recognized according to their own understanding of themselves, and that Inuit shall determine who is an Inuk for the purposes of this Agreement, and entitled to be enroled under the Agreement;

(c)

establishes a process that is just and equitable for determining who is an Inuk for the purposes of this Agreement, and entitled to be enroled under the Agreement.

PART 2

INUIT ENROLMENT LIST

35.2.1

A DIO shall establish and maintain a list of Inuit (Inuit Enrolment List), and enrol thereon the names of all persons who are entitled to be enroled in accordance with this Article.

35.2.2

A person who is enroled on the Inuit Enrolment List shall be entitled to benefit from the Agreement so long as he or she is alive and his or her name is enroled thereon.

PART 3

ENROLMENT REQUIREMENTS

35.3.1

Subject to Sections 35.3.3 to 35.3.5, a person who

(a)

is alive,

(b)

is a Canadian citizen,

(c)

is an Inuk as determined in accordance with Inuit customs and usages,

(d)

identifies himself or herself as an Inuk, and

(e)

is associated with

(i)

a community in the Nunavut Settlement Area, or

(ii)

the Nunavut Settlement Area, is entitled to have his or her name enroled on the Inuit Enrolment List.

35.3.2

For the purpose of Sub-section 35.3.1(d), the guardian of a person who in consequence of legal disability is unable to identify himself or herself as an Inuk may identify that person as an Inuk.

35.3.3

No persons shall be enroled under the Agreement and any other Canadian aboriginal land claims agreement at the same time.

35.3.4

A person who is entitled may transfer into the Agreement so long as that person gives up, for the duration of such transfer, the ability to benefit from or participate in a Canadian aboriginal land claims agreement out of which that person is transferring. The DIO shall determine the date upon which this provision comes into force with respect to beneficiaries or participants of any other Canadian aboriginal land claims agreements.

35.3.5

No person shall be under a legal obligation to apply for enrolment under theAgreement.

35.3.6

Any person enroled under the Agreement, may from time to time, decide to discontinue enrolment and, upon that person's written directions to that effect, that person's name shall be removed from the Inuit Enrolment List.

PART 4

COMMUNITY ENROLMENT COMMITTEES

35.4.1

A Community Enrolment Committee (Enrolment Committee) shall be established in each community in the Nunavut Settlement Area.

35.4.2

The functions of an Enrolment Committee are to decide:

(a)

whether a person applying to be enroled under the Agreement (applicant)meets the enrolment requirements of Part 3 (enrolment requirements);

(b)

upon its own motion, or the request of another enroled person, whether the name of a person listed on the Inuit Enrolment List should be removed from the list as a consequence of that person no longer meeting the enrolment requirements.

35.4.3

An interim Enrolment Committee shall be established for each community composed of not less than three and not more than six persons chosen by the Inuit elders of that community.

35.4.4

On or before the first anniversary of the date of ratification of the Agreement, the interim Enrolment Committees shall complete their determination as to which applicants are entitled to be enroled on the Inuit Enrolment List, and those applicants shall be enroled by the DIO on the Inuit Enrolment List.

35.4.5

Upon completion of the work of an interim Enrolment Committee under Section 35.4.4, the persons from that community enroled on the Inuit Enrolment List shall structure, in a manner they deem fit, an Enrolment Committee for that community to operate thereafter.

PART 5

APPEALS

35.5.1

A Nunavut Enrolment Appeals Committee (Appeals Committee) shall be established to hear and decide:

(a)

appeals, commenced by an applicant for enrolment or another enroled person, from a decision of an Enrolment Committee as to whether the applicant is entitled to be enroled on the Inuit Enrolment List;

(b)

appeals, commenced by a person whose name would be removed or another enroled person, from a decision of an Enrolment Committee as to whether a name should be removed from the Inuit Enrolment List; and

(c)

applications for enrolment by persons who believe that they meet the enrolment requirements of Paragraph 35.3.1(e)(ii) but not Paragraph 35.3.1(e)(i).

35.5.2

The Baffin Region Inuit Association, the Kitikmeot Inuit Association and the Keewatin Inuit Association, or their successors, shall each appoint one person from each community in its Region to a standing list of members for its Region.

35.5.3

The Appeals Committee shall consist of the three standing lists of members created under section 35.5.2.

35.5.4

The members of the standing list from each Region shall elect from among their number a member who shall be a co-chairperson of the Appeals Committee.

35.5.5

The co-chairperson of the Region of an appellant shall select another Appeals Committee member from that Region, and a co-chairperson from one of the other Regions, and the said co-chairpersons and that member shall hear and determine the appeal.

35.5.6

An appeal to the Appeals Committee shall be by way of a re-hearing, and further evidence may be allowed by the Appeals Committee.

35.5.7

Where a person appeals to the Appeals Committee as to a decision of an interim Enrolment Committee, the Appeals Committee shall hear and determine the appeal on or before the second anniversary of the date of ratification of the Agreement.

35.5.7

Amended P.C. 1996-1462 September 17, 1996

Where a person appeals to the Appeals Committee as to a decision of an interim Enrolment Committee, the Appeals Committee shall hear and determine the appeals to July 9, 1996.

35.5.8

Every order, decision or ruling of the Appeals Committee is final and binding and is not subject to appeal, but the order, decision or ruling may be reviewed by the superior court having jurisdiction in the Nunavut Settlement Area for a failure to observe the principles of natural justice or otherwise acting beyond or refusing to exercise its jurisdiction.

35.5.9

In no case may a member of an Enrolment Committee, interim or otherwise, be a member of the Appeals Committee.

35.5.10

The provisions of Section 35.5.2 to 35.5.5 may be modified by a decision of the majority of the Enrolment Committees.

PART 6

PROCEEDINGS OF COMMITTEES

35.6.1

Subject to Section 35.6.2, the Enrolment Committees, interim or otherwise, and the Appeals Committee may establish rules for conducting proceedings, including rules for the use of teleconferencing, written submissions, and time limits.

35.6.2

In making any decisions that would confirm, deny or remove entitlement to enrolment, the Enrolment Committees, interim or otherwise, shall:

(a)

give appropriate notice to applicants, appellants, and other directly interested parties; and

(b)

allow applicants, appellants, and other directly interested parties an opportunity to make representations.

35.6.3

The Enrolment Committees, interim or otherwise, and Appeal Committee shall, upon request, supply to applicants, appellants and other directly interested parties written reasons for their decisions.

35.6.4

All proceedings of the Enrolment Committees, interim or otherwise, and the Appeals Committee shall be in Inuktitut and, at the request of a member of a Committee, the applicant or the appellant, in one or both of Canada's official languages.

PART 7

PUBLICATION OF INUIT ENROLMENT LIST

35.7.1

Each Enrolment Committee, interim or otherwise, shall make available to the public without charge a list containing the names of persons enroled on the Inuit Enrolment List.

35.7.2

The DIO shall annually provide a free copy of the Inuit Enrolment List to the Government of Canada and to the Territorial Government, and shall make the Inuit Enrolment List available to a member of the public on request.

PART 8

IMPLEMENTATION

35.8.1

The Government of Canada shall pay all expenses incurred for the establishment and work of the interim Enrolment Committees, and the work of the Appeals Committee, until the second anniversary of the date of ratification of the Agreement.

35.8.2

The DIO shall be responsible for co-ordinating the enrolment procedures set out in these provisions and permanently maintaining a complete and up-to-date Inuit Enrolment List.

PART 9

AMENDMENTS

35.9.1

Notwithstanding Section 2.13.1, the Tungavik may not consent to an amendment of these provisions without the consent of all the Enrolment Committees.

ARTICLE 36: RATIFICATION

PART 1

GENERAL

36.1.1

Once the Agreement has been initialled by the Tungavik Federation of Nunavut and Government negotiators, they shall submit it for ratification by the Parties as set out in this Article.

36.1.2

Inuit shall be considered to have ratified the Agreement when:

(a)

a majority of the eligible Inuit voters in each of the Kitikmeot, Keewatin and Baffin Regions of the Nunavut Settlement Area by way of the Inuit ratification vote approve the Agreement and authorize the duly appointed officers of the Tungavik Federation of Nunavut to sign the Agreement; and

(b)

the duly appointed officers of the Tungavik Federation of Nunavut sign theAgreement.

36.1.3

Her Majesty The Queen in Right of Canada shall be considered to have ratified theAgreement when:

(a)

the Agreement is signed by the Minister of the Crown authorized by Cabinet;and

(b)

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

PART 2

INUIT RATIFICATION VOTE

36.2.1 - Ratification Committee

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

36.2.2

The Ratification Committee shall consist of three individuals named by the Tungavik Federation of Nunavut, one individual named by the Minister of Indian Affairs and Northern Development and one individual named by the Territorial Associate Minister of Aboriginal Rights and Constitutional Development.

36.2.3

The Ratification Committee shall prepare a budget for its operations and the Inuit ratification vote, subject to review and approval by the Minister of Indian Affairs and Northern Development.The approved budget shall be a charge on the Government of Canada.

36.2.4 - Official Voters List

The Official Voters List shall include the names of all eligible Inuit voters. Eligible voters shall be all individuals defined as "Inuit" under Part (a) of the definition of Inuit in Article 1 and who are:

(a)

16 years of age or older on the last day of the Inuit ratification vote;

(b)

alive;

(c)

Canadian citizens; and

(d)

not enroled in any other Canadian aboriginal land claims agreement.

36.2.5

The Official Voters List shall be comprised of Regional Voters Lists for the Kitikmeot, Keewatin and Baffin Regions.The Regional Voters Lists shall comprise a Community Voters List for each community in that Region.

36.2.6

Not less than 60 days after the establishment of the Ratification Committee, a preliminary voters list shall be made available for public review by posting a Community Voters List in each community in the Nunavut Settlement Area and by such other means as the Ratification Committee deems appropriate. The preliminary voters list shall be based on the preliminary enrolment list provided by the Tungavik Federation of Nunavut, less those individuals under 16 years of age on the last day of the Inuit ratification vote.

36.2.7

Applications from those individuals who have applied for enrolment pursuant to Article 35 and have not been accepted but whose application has not been rejected by the Appeals Committee under Part 5 of Article 35 shall be reviewed by the Voters List Committee referred to in Section 36.2.9 to determine whether their names should be placed on the voters list.

36.2.8

On or before September 21, 1992:

(a)

an individual not covered by the provisions of Section 36.2.7 who is not on the preliminary voters list, or not on the appropriate voters list, may apply to be placed on the appropriate list; and

(b)

an individual eligible to be on the voters list may make an application to have an individual's name added to or removed from the voters list.

36.2.9

Applications referred to in Section 36.2.7 and 36.2.8 shall be reviewed by the Voters List Committee consisting of three members appointed by Tungavik Federation of Nunavut who have not heard appeals in respect of the preliminary enrolment list and one non-voting member appointed by the Minister of Indian Affairs and Northern Development.

36.2.10

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

36.2.11

Within seven days after the Voters List Committee has rendered a decision on all applications, the Ratification Committee shall forward to the Government and Tungavik Federation of Nunavut a voters list which shall be the preliminary voters list as amended by such decisions. Upon receipt of approval of the list from the Minister of Indian Affairs and Northern Development and Tungavik Federation of Nunavut, the Ratification Committee shall publish the list as the Official Voters List.

36.2.12 - Information

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

36.2.13 - Voting Process

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

36.2.14

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

36.2.15

The vote shall be by secret ballot.

36.2.16

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

36.2.17

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 the Tungavik upon request and within six months shall transfer all such documentation to the National Archives of Canada. The documentation shall not be disposed of, in whole or in part, without prior written notification to the Tungavik and Government. The Tungavik and Government shall be entitled to have access to and make copies of any and all documents.

PART 3

GOVERNMENT RATIFICATION PROCESS

36.3.1

Following signing of the Agreement by the parties, and upon consultation with the Tungavik Federation of Nunavut pursuant to Section 2.6.1, the Government of Canada shall present the Agreement to Parliament, and propose the enactment of the ratification statute. The proposed statute shall:

(a)

contain a clear statement that the Agreement is ratified;

(b)

stipulate that the Agreement is given effect and made binding on third parties;

(c)

stipulate that the rights and benefits of Inuit under the Agreement shall not merge in the ratification statute or any other law;

(d)

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

(e)

authorize the payment out of the Consolidated Revenue Fund of such sums as may be required to meet the monetary obligations of Her Majesty under Articles 25 and 29;

(f)

comply with Sections 53 and 54 of the Constitution Act, 1867;

(g)

include two recitals in the preamble stating that

(i)

Her Majesty The Queen in Right of Canada and the Inuit of the Nunavut Settlement Area, through their duly mandated representatives have entered into an Agreement, and

(ii)

Article 36 of the Agreement contemplates ratification by Her Majesty by an Act of Parliament;

(h)

make the statute binding on the Crown; and

(i)

stipulate that the statute shall come into force on December 31, 1993 or such earlier date as may be set under legislation.

PART 4

TIMETABLE

36.4.1

The Inuit ratification vote shall be completed not later than December 31, 1992.

36.4.2

Ratification by Her Majesty The Queen in Right of Canada shall be completed no later than December 31, 1993.

36.4.3

The time limits established in this Article may be varied by agreement of the Tungavik Federation of Nunavut and the Minister of Indian Affairs and Northern Development.