Foundational Provisions

Text

ARTICLE 1. DEFINITIONS

PART 1

GENERAL

1.1.1

In the Agreement, except where otherwise expressly provided in the Agreement or indicated by the context:

"Agreement" means this entire Agreement, including its preamble and schedules;

"Arbitration Board" (Board) means the body established under Part 1 of Article 38;

"arbitration" panel means a panel established under Article 38;

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

"Board" means the Arbitration Board;

"carving stone" means utkuhighak and hananguagahaq, which means serpentinite, argillite, and soapstone in the Nunavut Settlement Area where those substances are suitable for use for carving purposes;

"Commissioner" means the Commissioner of the Northwest Territories or any successor;

"Commissioner-in-Executive Council" means the Commissioner acting by and with the advice and consent of the Executive Council;

"Conservation Area" has the meaning set out in Section 9.1.1;

"Council" means the Nunavut Social Development Council;

"Crown" means the Crown in Right of Canada;

"Crown lands" means lands belonging to Her Majesty or in respect of which Government has the power of disposition;

"date of ratification of the Agreement" means the date on which the ratification legislation comes into force;

(Inuinnaqtun) (a)

"Designated Inuit Organization" (DIO) means

(a)

the Tungavik, or

(b)

in respect of a function under the Agreement, any of the Organizations that has been designated under Section 39.1.3 as responsible for that function;

"domestic interjurisdictional agreement" means a wildlife agreement between two or more of the Government of Canada, provincial governments in Canada and territorial governments in Canada;

"Executive Council" means the Executive Council of the Northwest Territories or any successor body;

"flora" does not include trees suitable for commercial production of lumber or other building materials, but includes materials required by Inuit for local use, land-based activities and handicraft production;

"gas" means natural gas and includes all substances, other than oil, that are produced in association with natural gas;

"Government" means the Government of Canada or the Territorial Government or both, as the context requires, depending on their jurisdiction and the subject matter referred to, or as determined pursuant to Section 1.1.6;

"harvest" means the reduction of wildlife into possession, and includes hunting, trapping, fishing, as defined in the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means;

"HTO" means a Hunters and Trappers Organization;

"Hunters and Trappers Organization" (HTO) means an organization referred to in Sections 5.7.1 to 5.7.15;

"IIBA" means an Inuit Impact and Benefit Agreement referred to in Article 8, 9 or 26;

Implementation Panel means the Panel established under Part 3 of Article 37; "Inuit" means

(a)

for the purpose of Sections 2.7.1 and 2.7.2 and Part 1 of Article 40, and of references of a general historical nature, all those members of the aboriginal people, sometimes known as Eskimos, that has traditionally used and occupied, and currently uses and occupies, the lands and waters of the Nunavut Settlement Area, but does not include persons enroled in any other Canadian aboriginal land claim agreement,

(b)

for the purpose of all provisions of the Agreement other than Sections 2.7.1 and 2.7.2, Part 1 of Article 40, and Sections 5.7.36, 35.3.1 and 35.3.2 and those containing references of a general historical nature,

(i)

until such time as the Inuit Enrolment List has been developed in accordance with Article 35, all those persons entitled to be enrolled under that Article,

(ii)

upon development of the Inuit Enrolment List, those persons enroled from time to time under the terms of Article 35;

(Inuinnaqtun) (ii)

"Inuit Heritage Trust" (Trust) means the trust established under Section 33.4.1;

"Inuit Owned Lands" means

(a)

those lands that vest in the DIO as Inuit Owned Lands pursuant to Section 19.3.1, and

(b)

any lands that are vested in, acquired by or re-acquired by the DIO as Inuit Owned Lands from time to time pursuant to the Agreement, so long as they maintain such status pursuant to the Agreement;

(Inuinnaqtun) (b)

""Inuit Owned Lands Parcel"" means an area of Inuit Owned Lands given a distinct code on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237;

"Inuk" means a single member of the group of persons defined as Inuit;

"lands" does not include water but includes lands covered by water, whether in the onshore or offshore;

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

"legislation" means a statute or regulation;

"Legislative Assembly" means the Council of the Territories as established pursuant to the Northwest Territories Act, or any successor council or councils having jurisdiction over all or part of the Nunavut Settlement Area;

"marine areas" means that part of Canada's internal waters or territorial sea, whether open or ice-covered, lying within the Nunavut Settlement Area , but does not include inland waters. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;

"marine species" means fish and includes parts of fish, shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

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

"Minister" means a Minister of the Government of Canada or a member of the Executive Council appointed as Minister, as the context requires, responsible for

the subject matter referred to;

"National Park" means

(a)

an area that has been formally and fully dedicated as a National Park orNational Marine Park under the National Parks Act, or

(b)

a National Park Reserve, with respect to the provision of Part 4 of Article 8 and other provisions providing Inuit with the opportunity to secure benefits from the establishment, planning and management of a National Park in the Nunavut Settlement Area;

"National Park Reserve" means an area that has been set aside as a reserve for a National Park under the National Parks Act;

NIRB means the Nunavut Impact Review Board;

"NITC" means the Nunavut Implementation Training Committee;

NPC means the Nunavut Planning Commission;

Nunavut Impact Review Board (NIRB) is the institution referred to in Section 12.2.1;

"Nunavut Implementation Training Committee" (NITC) means the Committee established under Part 5 of Article 37;

"Nunavut Planning Commission" (NPC) is the institution referred to in Section 11.4.1;

"Nunavut Settlement Area" means the area described in Section 3.1.1;

"Nunavut Social Development Council" (Council) means the Council established under Section 32.3.1;

"Nunavut Trust" means the Trust referred to in Section 31.1.1;

"Nunavut Water Board" (NWB) is the institution referred to in Section 13.2.1;

"Nunavut Wildlife Management Board" (NWMB) is the institution referred to in Section 5.2.1;

"NWB" means the Nunavut Water Board;

"NWMB" means the Nunavut Wildlife Management Board;

"oil" means crude oil regardless of gravity, produced at a well head in liquid form and any other hydrocarbons except coal and gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits or oil sand, bitumen, bituminous sand, oil shale, or from any other types of deposits on the surface or subsurface, or the seabed or its subsoil;

"operator" means a person or the authorized representative of such a person who has rights to explore, develop, produce or transport minerals, other than specified substances, in or on or under Inuit Owned Lands;

""ordinary high water mark"" or ""bank"" of a body of water means the limit or edge of its bed;

"Organization" means any of the following

(a)

the Nunavut Trust,

(b)

a Regional Inuit Organization,

(c)

a Hunters and Trappers Organization,

(d)

a Regional Wildlife Organization,

(e)

the Nunavut Social Development Council,

(f)

the Inuit Heritage Trust, or

(g)

any organization designated under Section 39.1.3;

"Outer Land Fast Ice Zone" means the area bounded by

(a)

in the north by Latitude 73E 40' off Cape Liverpool on Bylot Island,

(b)

in the south, by Latitude 66E 37' N, off Cape Dyer on Baffin Island,

(c)

in the west, by the seaward edge of the Territorial Sea boundary off the east coast of Baffin Island, and

(d)

in the east, by the maximum limit of land fast ice (1963-1989) as shown on the map titled Limit of Land Fast Ice - East Baffin Coast, jointly delivered by the Parties to the registrar, a copy of which is set out in Schedule 16-1 for general information purposes only;

outpost camps has the meaning set out in Section 7.1.1;

"Parliament" means the Parliament of Canada;

"Park" means a National Park or a Territorial Park;

"Parties" mean the Inuit of the Nunavut Settlement Area and Her Majesty The Queen in Right of Canada;

"petroleum" means oil or gas;

"principles of conservation" means those principles set out in Section 5.1.5;

"project proposal" means a physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out, or a physical activity that a proponent proposes to undertake or otherwise carry out, such work or activity being within the Nunavut Settlement Area, except as provided in Section 12.11.1;

"ratification legislation" means the statute referred to in Sub-section 36.1.3(b); Inuit Association, the Keewatin

"Regional Inuit Organization" means the Kitikmeot Inuit Association, the Baffin Region Inuit Association, or its successor;

"Regional Wildlife Organization" (RWO) means an organization referred to in Sections 5.7.1 and 5.7.5 to 5.7.14;

"registrar" means the registrar of land titles responsible for the Nunavut Settlement Area;

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

(a)

in the execution of a power conferred by or under the authority of a statute, or

(b)

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

"resources" means, for the purpose of Articles 25 to 27, coal, petroleum, precious and base metals and other naturally occurring substances that can be mined, but does not include specified substances;

"royalty" means any share of production whether in money or kind paid or payable to Government as owner in respect of a resource produced by a person from Crown lands in or under the Nunavut Settlement Area, but does not include

(a)

any payment for a service, the creation of special purpose funds, the issuance of the right or interest or the granting of an approval or authorization,

(b)

any payment required regardless of ownership of the resource, or

(c)

any payment for incentives;

"RWO" means a Regional Wildlife Organization;

"specified substances" means construction stone, sand and gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone;

"statute" means an Act of Parliament or the Legislative Assembly, but does not include regulations;

"Surface Rights Tribunal" (Tribunal) is the institution referred to in Section 21.8.1;

"Territorial Government" means the Government of the Northwest Territories, or any successor government or governments, having jurisdiction over all or part of the Nunavut Settlement Area;

"Territorial Park" means an area that has been formally and fully dedicated as a Territorial Park under the Territorial Parks Act;

"third party" means any person, natural or artificial, but does not include Government, Inuit, or a DIO;

"Tribunal" means the Surface Rights Tribunal;

Trust means the Inuit Heritage Trust;

"Tungavik" means the corporation without share capital incorporated under the Canada Corporations Act by letters patent dated April 3, 1990 and supplementary letters patent dated December 16, 1992 and named the Tungavik Incorporated, or any successor;

"water" means waters in any river, stream, lake or other body of inland waters on the surface or under ground in the Nunavut Settlement Area, and includes ice and all inland ground waters, but does not include water or ice in marine areas;

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

"Zone I" means those waters north of 61E latitude subject to Canada's jurisdiction seaward of the Territorial Sea boundary as measured from lines drawn pursuant to the Territorial Sea Geographical Co-ordinates (Area 7) Order SOR/85-872 that are not part of the Nunavut Settlement Area or another land claim settlement area;

"Zone II" means those waters of James Bay, Hudson Bay and Hudson Strait that are not part of the Nunavut Settlement Area or another land claim settlement area.

1.1.2 - Citation of Legislation

Citation of legislation refers to legislation as amended from time to time:

(a)

except where a specific date is indicated; and

(b)

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

1.1.3 - Saving

The references in the Agreement to the Territorial Sea Boundary or to the Territorial Sea Geographic Coordinates (area 7) Order, SOR/85-872 are without prejudice to any negotiations or any positions that have been made or may be adopted by Canada respecting the limits of maritime jurisdiction.

1.1.4 - Land Descriptions

The coded references in the Agreement to specific parcels of Inuit Owned Lands are to the codes for those parcels on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 referred to in Section 19.3.1.

1.1.5

The Lands Files referred to in the Agreement in relation to parcels of land are the files held by the Land Resources Division, Department of Indian Affairs and Northern Development, in Yellowknife, N.W.T.

1.1.6 - Designation of Government

Without diminishing or otherwise altering the responsibilities of Her Majesty The Queen in Right of Canada under the Agreement, where, in the Agreement, it is unclear from the context which Government is to perform a function or where the context indicates that both Governments are to perform a function, without abrogating or derogating from their obligations under the Agreement or altering their respective jurisdictions, the two Governments may designate one of them to perform that function on behalf of the other or both. The DIO shall be given notice of such designation.

1.1.7

Section 1.1.6 shall not affect the status or interpretation of the Implementation Plan referred to in Article 37.

ARTICLE 2: GENERAL PROVISIONS

PART 1

PRINCIPLES AND OBJECTIVES

2.1.1

The Agreement is based on and reflects the principles and objectives set out in the Preamble.

PART 2

STATUS AS A LAND CLAIMS AGREEMENT

2.2.1

The Agreement shall be a land claims agreement within the meaning of Section 35 of the Constitution Act, 1982.

PART 3

MERGER

2.3.1

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

PART 4

RATIFICATION

2.4.1

Ratification of the Agreement by Canada and Inuit in accordance with Article 36 is a condition precedent to the validity of the Agreement and, in the absence of such ratification, the Agreement shall be null and void and of no effect.

PART 5

COMING INTO FORCE

2.5.1

The Agreement shall come into force upon its ratification by both parties.

PART 6

UNDERTAKINGS AS TO FURTHER LEGISLATIVE ACTION

2.6.1

Government shall consult closely with a DIO in the preparation of any legislation proposed to implement the Agreement, including any amendments to implementing legislation.

PART 7

CERTAINTY

2.7.1

In consideration of the rights and benefits provided to Inuit by the Agreement, Inuit hereby:

(a)

cede, release and surrender to Her Majesty The Queen in Right of Canada, all their aboriginal claims, rights, title and interests, if any, in and to lands and waters anywhere within Canada and adjacent offshore areas within the sovereignty or jurisdiction of Canada; and

(b)

agree, on their behalf, and on behalf of their heirs, descendants and successors not to assert any cause of action, action for a declaration, claim or demand of whatever kind or nature which they ever had, now have or may hereafter have

against Her Majesty The Queen in Right of Canada or any province, the government of any territory or any person based on any aboriginal claims, rights, title or interests in and to lands and waters described in Sub-section (a).

2.7.2

Nothing in the Agreement constitutes an admission or denial by Canada that Inuit have any aboriginal claims, rights, title or interests in and to lands and waters as described in Sub-section 2.7.1(a) outside the Nunavut Settlement Area.

2.7.3

Nothing in the Agreement shall:

(a)

be construed so as to deny that Inuit are an aboriginal people of Canada, or, subject to Section 2.7.1, affect their ability to participate in or benefit from any existing or future constitutional rights for aboriginal people which may be applicable to them;

(b)

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

(c)

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

PART 8

LANGUAGES OF THE AGREEMENT

2.8.1

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

PART 9

INTERPRETATION

2.9.1

The several Articles of the Agreement shall be read together and interpreted as one agreement.

2.9.2

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

2.9.3

There shall not be any presumption that doubtful expressions in the Agreement be resolved in favour of Government or Inuit.

2.9.4

The several Articles in the Agreement shall be construed, with such modifications as the circumstances require, according to the Interpretation Act R.S.C. 1985, c.I-21

PART 10

GOVERNMENTAL POWERS

2.10.1 - Transfers of Powers Within Same Government

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

2.10.2 - Transfer of Powers Between Governments

Nothing in the Agreement shall restrict the authority of the Government of Canada to devolve or transfer powers or jurisdiction to the Territorial Government, provided that the devolution or transfer shall not abrogate or derogate from any rights of Inuit in the Agreement.

2.10.3 - Creation of a Province Not to Abrogate or Derogate from Rights

The Government of Canada undertakes that the creation or extension of a province that encompasses all or part of the Nunavut Settlement Area shall not abrogate or derogate from any rights of Inuit in the Agreement.

2.10.4 - Identification of Government Official

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

PART 11

INVALIDITY

2.11.1

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

2.11.2

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

2.11.3

Neither Government nor any Inuk entitled to be enroled shall challenge the validity of any provision of the Agreement.

PART 12

APPLICATION OF LAWS

2.12.1 - All Laws to Apply

Subject to Sections 2.12.2 and 2.12.3, all federal, territorial and local government laws shall apply to Inuit and Inuit Owned Lands.

2.12.2 - Agreement to Prevail

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

2.12.3 - Ratification and Implementing Legislation to Prevail

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

2.12.4 - Interpretation with Regard to Conflict and Inconsistency

For greater certainty, the terms "inconsistency" and "conflict" as used in Sections 2.12.2 and 2.12.3 shall be interpreted by having regard to the common law rules governing the interpretation of laws and documents and to the Interpretation Act.

PART 13

AMENDING THE AGREEMENT

2.13.1

An amendment to the Agreement shall require the consent of the Parties as evidenced by,

(a)

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

(b)

in respect of Inuit, a resolution of the Tungavik, except as provided otherwise by its bylaws or Section 35.9.1,

but the jurisdiction of the Legislative Assembly shall not be altered, and the Territorial Government shall not incur any financial obligations, through any amendment without its written consent.

PART 14

SUITS ON BEHALF OF INUIT

2.14.1

Where an Inuk has a right of action in relation to the Agreement, the DIO may bring such action on behalf of him or her. This Section shall not preclude an Inuk from commencing an action on his or her own behalf.

PART 15

INDEMNITY

2.15.1

In consideration of the rights and benefits provided by the Agreement, the Nunavut Trust and its beneficiaries shall indemnify and forever save harmless Her Majesty The Queen in Right of Canada from all manner of suits and actions, causes of actions, claims, demands, damages, costs or expenses, liability and entitlement, initiated, made or incurred after the date of ratification of the Agreement, whether known or unknown, against Her Majesty The Queen in Right of Canada which any person who is entitled to be enroled in the Agreement, including any heir, successor or permitted assign of such a person ever had, now has, or may hereafter have, against Her Majesty The Queen in Right of Canada, relating to or in any way arising from the aboriginal claims, rights, titles and interests in and to lands and waters described in Sub-section 2.7.1(a).

2.15.2

Her Majesty The Queen in Right of Canada shall vigorously defend any suit or action, cause of action, claim or demand referred to in Section 2.15.1 and shall not compromise or settle any such suit or action, cause of action, claim or demand without the consent of the DIO.

2.15.3

The Nunavut Trust and its beneficiaries shall not be required to pay the costs ofHer Majesty The Queen in Right of Canada under Sections 2.15.1 or 2.15.2.

2.15.4

For greater certainty, the right to be indemnified set out in Section 2.15.1 shall not extend to any manner of suit or action, cause of action, claim, demand, damage, cost or expense, liability or entitlement relating to or any way arising from the failure of Her Majesty The Queen in Right of Canada to carry out Her obligations under the Agreement.

2.15.5

Her Majesty The Queen in Right of Canada shall indemnify and save harmless the Inuit from all manner of suits, actions, causes of action, claims, demands, damages, costs or expense, liability and entitlement, initiated, made or incurred against Inuit by any person other than an Inuk or a DIO that arises from:

(a)

the creation of Inuit harvesting rights under Article 5 where that suit, action, cause of action, claim, demand, damage, cost or expense relates to the effect of the creation of those rights on any harvesting rights of the person initiating, making or incurring it; or

(b)

the vesting of title in Inuit Owned Lands under Article 19 where that suit, action, cause of action, claim, demand, damage, cost or expense relates to the effect of that vesting on the right of the person initiating, making or incurring it in respect of those lands.

2.15.6

Inuit and the DIO shall vigorously defend any suit or action, cause of action, claim or demand referred to in Section 2.15.5 and shall not compromise or settle any such suit or action, cause of action, claim or demand without the consent of Government.

PART 16

DISCLOSURE OF INFORMATION

2.16.1

Notwithstanding any other provision of the Agreement, except Section 21.7.6, Government is not required to disclose any information that it is required or entitled to withhold under any statute relating to access to and privacy of information. Where Government has a discretion to disclose any information, it shall take into account the objects of the Agreement in exercising that discretion.

PART 17

INUIT LANDS

2.17.1

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

ARTICLE 3: NUNAVUT SETTLEMENT AREA

PART 1

DESCRIPTION

3.1.1

The Nunavut Settlement Area shall be composed of "Area A", being that portion of the Arctic Islands and mainland of the Eastern Arctic and adjacent marine areas as described in Part 2, and "Area B", being the Belcher Islands, associated islands and adjacent marine areas in Hudson Bay, described in Part 3.

3.1.2

The parallels of latitude and meridians of longitude referred to in this description are derived from the 1:500,000 scale National Topographic Series maps, being North American Datum 1927.

PART 2

AREA A

3.2.1

Area A includes all those lands, water and marine areas enclosed within the following boundary:

(a)

Inuvialuit Settlement Region to Hudson Strait:

Inuvialuit Settlement Region

Commencing at a point on the eastern boundary of the Inuvialuit Settlement Region, as described in the Inuvialuit Final Agreement 1984, being the point north of Borden Island where Canada's Territorial Sea Boundary, as set out in the Territorial Sea Geographic Co-ordinates (Area 7) Order, S.O.R./85-872, intersects with 110E00'W longitude;

 

Arctic Islands

thence northeasterly along the Territorial Sea Boundary, north of Cape Columbia (83E07'N latitude and 70E30'W longitude) on Ellesmere Island;

 

 

thence southerly along the Territorial Sea Boundary off the eastern coasts of Ellesmere, Devon and Bylot Islands, to its intersection with 73E40'N latitude, east of Cape Liverpool on Bylot Island;

 

East Baffin Coast

thence southerly along the Territorial Sea Boundary off the eastern coast of Baffin Island to its intersection with 66E37'N latitude, east of Cape Dyer on Baffin Island;

 

Resolution Island

thence southerly along the Territorial Sea Boundary to its intersection with 61E00'N latitude, southeast of Resolution Island;

 

(b)

Hudson Strait to Hudson Bay:

Hudson Strait

thence due west along said parallel of latitude to its intersection with 64E55'W longitude, south of Resolution Island;

 

(Inuinnaqtun) Quebec-Ju Ekilgaa

thence northwesterly in a straight line to the intersection of 61E38'N latitude and 69E00'W longitude, being the point approximately equidistant between Cape Hopes Advance in Quebec and the Gray Goose Islands off the south coast of Baffin;

 

 

thence northwesterly in a straight line to the intersection of 63E15'N latitude and 74E00'W longitude, being the point approximately equidistant between the Baffin Island and northern Quebec coasts;

 

Salisbury Island

thence westerly in a straight line to the intersection of 63E25'N latitude and 76E10'W longitude, being the point approximately equidistant between the northern Quebec and Baffin Island coasts east of Salisbury Island;

 

 

thence southwesterly in a straight line to the intersection of 63E12'N latitude and 77E00'W longitude;

 

Nottingham Island

thence southwesterly in a straight line to the intersection of 63E00'N latitude and 77E40'W longitude, southeast of Nottingham Island;

 

Mansel Island

thence southwesterly in a straight line to the intersection of 62E30'N latitude and 80E00'W longitude, northwest of Mansel Island;

 

 

thence southwesterly in a straight line to the intersection of 62E00'N latitude and 80E45'W longitude, west of Mansel Island;

 

(c)

Coats Island to Keewatin Coast:

Coats Island

thence westerly in a straight line to a point 15 statute miles due south of Cape Southampton on Coats Island at the approximate intersection of 61E55'N latitude and 83E40'W longitude;

 

Southampton Island

thence northwesterly in a straight line to a point 15 statute miles due south of Cape Kendall on Southampton Island at the approximate intersection of 63E20'N latitude and 87E00'W longitude;

 

Keewatin Coast

thence due west to a point approximately 50 statute miles due east of Chesterfield Inlet at the intersection of 63E20'N latitude and 89E00'W longitude;

 

 

thence southwesterly in a straight line to the intersection of 60E00'N latitude and 93E22'W longitude, being a point approximately 50 statute miles east of the Keewatin coast;

 

(d)

60th Parallel to Inuvialuit Settlement Region:

60th Parallel

thence due west along said parallel to its intersection with 102E00'W longitude, being the intersection of the Manitoba, Northwest Territories and Saskatchewan borders;

 

Thelon River

thence due north to the intersection of 64E14'N latitude and 102E00'W longitude, near the south shore of the Thelon River;

 

Gloworm Lake

thence west northwesterly in a straight line to the intersection of 64E50'N latitude and 109E20'W longitude, north of Gloworm Lake;

 

Contwoyto Lake

thence northwesterly in a straight line to the intersection of 65E30'N latitude and 110E40' longitude, west of Contwoyto Lake;

 

(ᐃᓄᑦᑎᑐᑦ) Itchen ᑕᓯᖓ

Itchen Lake thence due west to the intersection of 65E30'N latitude and 112E30'Wlongitude, east of Itchen Lake;

 

(e)

Inuvialuit Settlement Region boundary:

Inuvialuit Settlement Region

thence northwesterly in a straight line to a point on the southeastern boundary of the Inuvialuit Settlement Region, being the intersection of 68E00'N latitude and 120E40'51""W longitude;

 

 

thence following the adjusted boundary of the Inuvialuit Settlement Region, as set out in the TFN/COPE Agreement of May 19, 1984, to the intersection of 70E00'N latitude and 110E00'W longitude; and finally

 

 

thence due north along said meridian of longitude, along the eastern boundary of the Inuvialuit Settlement Region, to its intersection with the Territorial Sea Boundary north of Borden Island at the point of commencement.

 

PART 3

AREA B

3.3.1

Area B includes all those lands, waters, and marine areas enclosed within the following boundary:

Southeastern Hudson Bay

Commencing at the intersection of 58E10'N latitude and 81E00'W longitude,

 

 

northwest of the Sleeper Islands, and south of Farmer Island;

 

Marcopeet Islands

thence southeasterly in a straight line to the intersection of 58E00'N latitude and 79E45'W longitude, near the Marcopeet Islands and north of the Sleeper Islands;

 

King George Islands

thence southeasterly in a straight line to the intersection of 57E40'N latitude and 78E00'W longitude, northeast of the King George Islands;

 

 

thence southeasterly in a straight line to the intersection of 57E00'N latitude and 77E25'W longitude, southeast of the King George Islands and west of the Nastapoka Islands;

 

Salliquit Islands

thence due south along said meridian of longitude to its intersection with 56E22'N latitude, east of the Salliquit Islands and west of the Nastapoka Islands;

 

 

thence southwesterly in a straight line to the intersection of 56E00'N latitude and 77E30'W longitude, east of Innetalling Island and northwest of Duck Island;

 

Belcher Islands

thence southwesterly in a straight line to the intersection of 55E45'N latitude and 78E00'W longitude, northwest of Kuujjuarapik, Quebec;

 

 

thence southwesterly in a straight line to the intersection of 55E15'N latitude and 79E00'W longitude, southwest of Kuujjuarapik, Quebec and northeast of Long Island;

 

 

thence southwesterly in a straight line to the intersection of 55E00'N latitude and 79E45'W longitude, north of Long Island;

 

 

thence due west along said parallel of latitude to its intersection with 81E00'W longitude, east of Cape Henrietta Maria, Ontario; and finally

 

 

thence due north along said meridian of longitude to its intersection with 58E10'N at the point of commencement.

 

PART 4

MAP

3.4.1

The map in Schedule 3-1 depicts for general information purposes only, Areas A and B, described in Parts 2 and 3.

PART 5

GREATER CERTAINTY

3.5.1

For greater certainty, Inuit shall enjoy additional rights to areas outside the Nunavut Settlement Area as stipulated by other provisions of the Agreement.


ARTICLE 4: NUNAVUT POLITICAL DEVELOPMENT

PART 1

GENERAL

4.1.1

The Government of Canada will recommend to Parliament, as a government measure, legislation to establish, within a defined time period, a new Nunavut Territory, with its own Legislative Assembly and public government, separate from the Government of the remainder of the Northwest Territories.

4.1.2

Therefore, Canada and the Territorial Government and Tungavik Federation of Nunavut shall negotiate a political accord to deal with the establishment of Nunavut. The political accord shall establish a precise date for recommending to Parliament legislation necessary to establish the Nunavut Territory and the Nunavut Government, and a transitional process. It is the intention of the Parties that the date shall coincide with recommending ratification legislation to Parliament unless Tungavik Federation of Nunavut agrees otherwise. The political accord shall also provide for the types of powers of the Nunavut Government, certain principles relating to the financing of the Nunavut Government, and the time limits for the coming into existence and operation of the Nunavut Territorial Government. The political accord shall be finalized before the Inuit ratification vote. It is the intention of the Parties to complete the Political Accord by no later than April 1,1992

4.1.3

Neither the said political accord nor any legislation enacted pursuant to the political accord shall accompany or form part of this Agreement or any legislation ratifying this Agreement. Neither the said political accord nor anything in the legislation enacted pursuant to the political accord is intended to be a land claims agreement or treaty right within the meaning of Section 35 of the Constitution Act, 1982.

Analysis

Summary

Article 1 provides definitions for various terms used in the ​Agreement.

Article 1 also includes provisions related to citation of legislation, saving provisions, land descriptions, and designation of government responsibilities.

Article 2 outlines the general provisions of an agreement. Here are the key points:

The ​Nunavut Settlement Area consists of "​Area A" and "​Area B". Area A includes the ​Arctic Islands and mainland of the ​Eastern Arctic, while Area B includes the Belcher Islands and adjacent marine areas in Hudson Bay. The description of the boundaries is provided in detail, with specific latitude and longitude coordinates. The map in Schedule 3-1 provides a visual representation of Areas A and B. It is important to note that Inuit have additional rights to areas outside the Nunavut Settlement Area as stipulated by other provisions of the Agreement. 

The ​Government of Canada will propose legislation to establish a new ​Nunavut Territory with its own ​Legislative Assembly and government separate from the ​Northwest Territories. Canada, the Territorial Government, and Tungavik Federation of Nunavut will negotiate a political accord to determine the establishment of Nunavut. The accord will include a specific date for recommending the necessary legislation to Parliament, the powers of the Nunavut Government, financing principles, and timelines for the territorial government's operation. The accord will be finalized before the Inuit ratification vote. It is important to note that the political accord and any legislation resulting from it are separate from this Agreement and not considered a land claims agreement or treaty right under Section 35 of the Constitution Act, 1982. The target completion date for the Political Accord is April 1, 1992. 

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