ARTICLE 37: IMPLEMENTATION

PART 1

GUIDING PRINCIPLES

37.1.1

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

(a)

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

(b)

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

(c)

timely and effective implementation of the Agreement with active Inuit participation, including those provisions for training, is essential for Inuit to benefit from the Agreement;

(d)

to promote timely and effective implementation of the Agreement, Inuit andGovernment shall

(i)

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

(ii)

allow flexibility through an implementation panel to reschedule activities, and consistent with government budgetary processes, to re-allocate funds within the planning period; and

(e)

reflecting the level of independence and the authorities of the NWMB and the other institutions of public government identified in Article 10, the funding arrangements for implementation of the Agreement shall

(i)

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

(ii)

provide those institutions with sufficient financial and human resources to plan for and carry out the duties and responsibilities assigned to them in the Agreement in a professional manner with appropriate public involvement,

(iii)

require those institutions to follow normally accepted management and accounting practices, and

(iv)

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

PART 2

IMPLEMENTATION PLAN

37.2.1

There shall be an Implementation Plan developed and approved by the Tungavik Federation of Nunavut, the Government of Canada and the Territorial Government prior to the date of ratification of the Agreement.

37.2.2

The Implementation Plan shall identify:

(a)

the ongoing and time limited obligations, specific activities, and projects required to implement the Agreement;

(b)

which obligations, specific activities, and projects the DIOs, the Government of Canada and the Territorial Government are, respectively or jointly, responsible for carrying out;

(c)

where appropriate, timeframes for the completion of the obligations, specific activities, and projects;

(d)

the funding levels for implementing the Agreement for the ten-year period following the ratification of the Agreement;

(e)

as agreed to from time to time by the parties to the Plan, the obligations and funding levels for implementing the Agreement for successive multi-year periods;

(f)

the authority of the Implementation Panel to revise the schedule of implementation activities and the allocation of resources in the Plan without requiring amendment to the Plan; and

(g)

a communication and education strategy to inform Inuit and interested third parties of the content and implementation of the Agreement.

37.2.3

All provisions of the Implementation Plan shall be consolidated into a contract except as otherwise agreed by the parties to the Plan.

37.2.4

Amendments to the Implementation Plan shall require written consent of the parties to the Plan.

37.2.5

The Implementation Plan shall be appended to but not form part of the Agreement, and the Plan is not intended to be a land claims agreement within the meaning of Section 35 of the Constitution Act, 1982.

37.2.6

The provisions of this Article or of the Implementation Plan identifying the obligations and responsibilities of any Minister, official or agent of the Crown acting on behalf of the Government of Canada or the Territorial Government shall not be interpreted so as to derogate from the obligations of Her Majesty under the Agreement or so as to alter, directly or indirectly, the respective jurisdictions of the Government of Canada and the Territorial Government.

PART 3

IMPLEMENTATION PANEL

37.3.1

Within sixty days of the date of ratification of the Agreement, an ImplementationPanel shall be established.

37.3.2

The Implementation Panel shall be composed of four members: one senior official representing the Government of Canada, one senior official representing the Territorial Government and two individuals representing the DIO.

37.3.3

The Implementation Panel shall:

(a)

oversee and provide direction on the implementation of the Agreement;.

(b)

monitor the implementation of the Implementation Plan, determining whether the ongoing and time-limited obligations, specific activities, and projects have been and are being carried out in accordance with the Plan and in the context of the Agreement and shall for that purpose, without duplicating other independent reviews, arrange for an independent review at five-year intervals unless otherwise agreed by the Panel;

(c)

monitor the development of the Implementation Training Plan;

(d)

accept or reject, with direction as appropriate, the Implementation TrainingPlan and monitor its operation when accepted;

(e)

attempt to resolve any dispute that arises between the DIO and Government regarding the implementation of the Agreement, without in any way limiting the opportunities for arbitration under Article 38 or legal remedies otherwise available;

(f)

when it deems it necessary, revise the schedule of implementation activities and the allocation of resources in the Implementation Plan, obtaining consent of the parties to the Plan where such revision requires an amendment to the Plan;

(g)

make recommendations to the parties to the Implementation Plan respecting the identification of funding levels for implementing the Agreement for multi- year periods beyond the initial ten-year period; and

(h)

prepare and submit an annual public report on the implementation of theAgreement including any concerns of any of the Panel members,

(i)

to the Leader of the Territorial Government for tabling in the Legislative Assembly,

(ii)

to the Minister of Indian Affairs and Northern Development for tabling in the House of Commons, and

(iii)

to the DIO.

37.3.4

The costs of the Implementation Panel shall be funded by the Government of Canada except that each of the governments and the DIO shall be responsible for the costs and expenses of its members.

37.3.5

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

PART 4

INUIT IMPLEMENTATION FUND

37.4.1

The Inuit Implementation Fund shall be established upon ratification of theAgreement, and shall be administered by the Nunavut Trust as a charitable trust.

37.4.2

The Inuit Implementation Fund shall be used to:

(a)

assist the Tungavik to establish the entities required for Inuit to carry out their responsibilities in implementing the Agreement; and

(b)

assist Inuit to take advantage of the opportunities, including economic opportunities, arising from the Agreement.

37.4.3

Upon ratification of the Agreement, the Government of Canada shall provide $4,000,000 of implementation funding to the Nunavut Trust, as capital for the Inuit Implementation Fund. Inuit shall be responsible for any implementation costs incurred by Inuit in excess of amounts available from the Fund. However, nothing in this provision shall prevent the Fund from receiving donations, grants or funds from other sources.

PART 5

NUNAVUT IMPLEMENTATION TRAINING COMMITTEE

37.5.1

The Nunavut Implementation Training Committee (NITC) shall be established within three months of ratification of the Agreement, and will consist of seven members to be appointed as follows:

(a)

the Tungavik and four other DIOs shall each appoint one member; and

(b)

Government shall appoint two members, one of whom is a senior official with authority to represent the Government of Canada in respect of training and education matters and one of whom is a senior official with authority to represent the Territorial Government in respect of training and education matters.

37.5.2

The NITC shall:

(a)

be trustees of the Implementation Training Trust established under Part 8 and administer it as a charitable trust;

(b)

develop guidelines for the expenditure of money from the ImplementationTraining Trust;

(c)

direct the Inuit Implementation Training Study as outlined in Part 6;

(d)

establish principles to guide the development of the Implementation TrainingPlan;

(e)

develop the Implementation Training Plan;

(f)

oversee the fulfillment of the Implementation Training Plan;

(g)

establish consultative arrangements between Government and Inuit that ensure effective integration of training funded from the Implementation Training Trust with existing Government training programs;

(h)

arrange for an independent review of the operations of the NITC and the implementation of the Implementation Training Plan to be undertaken no later than the fifth anniversary of the date of ratification of the Agreement and at least every fifth year thereafter during the life of the Plan; and

(i)

prepare an annual report on its activities, including expenditures from theImplementation Training Trust, for the Implementation Panel.

PART 6

INUIT IMPLEMENTATION TRAINING STUDY

37.6.1

Within three months of the date of ratification of the Agreement, an Inuit Implementation Training Study shall be undertaken in the Nunavut Settlement Area.

37.6.2

The Inuit Implementation Training Study shall be carried out under the direction of the NITC.

37.6.3

The Inuit Implementation Training Study shall be completed within six months of its commencement.

37.6.4

The Inuit Implementation Training Study shall:

(a)

identify the positions likely to be required to implement the Agreement, including,

(i)

positions within the NWMB and the institutions of public government identified in Article 10, and

(ii)

positions within the DIOs required for Inuit to carry our their responsibilities in implementing the Agreement, including those that assist Inuit in taking advantage of the economic opportunities arising from the Agreement;

(b)

identify the necessary skills and qualifications required for positions identified in Sub-section (a); and

(c)

identify implementation training requirements for Inuit respecting the positions identified in Sub-section (a), in the short and long term, utilizing any available labour force data analysis.

37.6.5

The conduct of the Inuit Implementation Training Study may be coordinated with the conduct of the Inuit labour force analysis conducted pursuant to Section 23.3.1 or other studies of Inuit training requirements.

PART 7

IMPLEMENTATION TRAINING PLAN

37.7.1

An Implementation Training Plan shall be developed by the NITC to address the implementation training requirements identified under the Inuit Implementation Training Study.

37.7.2

The Implementation Training Plan shall identify:

(a)

existing Government training programs which, within their existing budgets, meet Inuit implementation training requirements identified under Section 37.7.1; and

(b)

training initiatives to be funded from the Implementation Training Trust where Inuit training requirements identified under Section 37.7.1 cannot be met under Sub-section (a).

37.7.3

The implementation of the Implementation Training Plan may be coordinated with broader Inuit training initiatives.

37.7.4

The NITC shall forward a copy of its Implementation Training Plan to theImplementation Panel for its review and acceptance.

PART 8

IMPLEMENTATION TRAINING TRUST

37.8.1

The DIO shall establish an Implementation Training Trust.

37.8.2

The object of the Implementation Training Trust shall be to fund the functions of the NITC including:

(a)

the Inuit Implementation Training Study;

(b)

the development of the Implementation Training Plan;

(c)

training in accordance with the Implementation Training Plan; and

(d)

the functions of the NITC, including the reasonable costs associated with the administration of the Trust, except that each Government and DIO shall be responsible for the costs and expenses of its own member.

37.8.3

On establishment of the Implementation Training Trust or ratification of theAgreement, whichever occurs later, the Government of Canada shall contribute $13,000,000 of implementation funding to the Implementation Training Trust. Nothing in this provision shall prevent the Trust from receiving donations, grants or funds from other sources.

PART 9

GENERAL

37.9.1

Except as expressly provided in the Agreement, Government shall have no obligation pursuant to the Agreement to fund training for Inuit.

37.9.2

Parts 5 to 8 do not apply in respect of training for the purpose of Article 23, but implementation training may be coordinated with any training under pre- employment training plans developed under Article 23.

37.9.3

Nothing in this Article shall be construed to limit the obligations of Government under Article 23 or affect the ability of Inuit to participate in and benefit from government training programs existing from time to time.

ARTICLE 38: ARBITRATION

PART 1

ESTABLISHMENT OF ARBITRATION BOARD

38.1.1

An Arbitration Board (the "Board") shall be established.

38.1.2

The Board shall have nine members. The chairperson and the vice-chairperson shall be selected by and from the members of the Board.

38.1.3

The Government of Canada, the Territorial Government and the DIO will consult and attempt to reach agreement as to the persons to be initially appointed by them jointly to the Board.

38.1.4

If agreement is not reached within six months of the date of ratification of the Agreement for any or all of the nine appointments under Section 38.1.3, the remainder of appointments, upon request of the Government of Canada, the Territorial Government or the DIO, shall be made by a judge of the superior court having jurisdiction in the Nunavut Settlement Area.

38.1.5

Re-appointments or new appointments to the Board shall be made in accordance with Section 38.1.3 and 38.1.4, except that a judge may be requested to make any such appointment if agreement is not reached within six months of the vacancy occurring.

38.1.6

The term of appointment of a member of the Board shall be for five years and a member shall be eligible to be re-appointed.

38.1.7

Any staff of the Board shall be provided by Government and any office of the Board shall be in the Nunavut Settlement Area. The Board shall prepare an annual budget, subject to review and approval by Government. The approved expenses of the Board shall be borne by Government.

PART 2

JURISDICTION OF ARBITRATION PANEL

38.2.1

An arbitration panel shall have jurisdiction to arbitrate in respect of:

(a)

any matter concerning the interpretation, application or implementation of the Agreement where the DIO and Government agree to be bound by the decision; and

(b)

matters specifically designated in other Articles for resolution by arbitration under this Article.

38.2.2

An arbitration panel is prohibited from making a decision that alters, amends, deletes, or substitutes any Article of the Agreement in any manner.

PART 3

RULES AND PROCEDURES

38.3.1

The Board may establish rules and procedures for the conduct of references under this Article.

38.3.2

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

38.3.3

A reference shall be heard and determined by an arbitration panel selected from among members of the Board, consisting of:

(a)

one arbitrator, if agreed to by the parties to the arbitration; or

(b)

three arbitrators, where one is selected by each of the parties to the arbitration, and a chairperson appointed in accordance with Section 38.3.6.

38.3.4

An arbitration shall be initiated by a reference to arbitration filed with the Board by any party to a dispute. The reference shall name the other party to the dispute, set out the nature of the dispute, a summary of the facts, describe the issue to be arbitrated, name an arbitrator from the Board and describe the relief sought.

38.3.5

Within 30 days of being notified by the Board of a reference to arbitration, the other party to the dispute shall file a reply responding to the reference, agreeing to the arbitrator named in the reference or naming its arbitrator from the Board and describing any relief sought.

38.3.6

The chairperson shall be a person agreed upon by the two arbitrators named under Sections 38.3.4 and 38.3.5, except that, failing agreement, the chairperson shall be appointed by a judge pursuant to the territorial Arbitration Act, and in such case the judge may appoint any person as a chairperson as the judge thinks fit, whether the person is a member of the Board or not.

38.3.7

The arbitration panel may, on application, allow any person to participate in an arbitration as an intervenor, if in the arbitration panel's opinion the interest of that person may be affected by the arbitration, and on such terms as the arbitration panel in its discretion may order.

38.3.8

The arbitration panel shall have jurisdiction to determine all questions of fact, and to make an award, including interim relief, payment of interest, and costs; but no costs shall be awarded against the DIO in any arbitration within Section 38.2.1 where the arbitration panel upholds the decision of the DIO.

38.3.9

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

38.3.10

Notwithstanding Section 38.3.9, the parties to an arbitration shall not bear the costs of the arbitration panel in any expropriation proceeding where such costs are normally paid by Government.

38.3.11

In the absence of a majority decision, the decision of the chairperson shall prevail.

38.3.12

The decision of the arbitration panel is final and binding and is not subject to appeal, but the decision 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.

38.3.13

The territorial Arbitration Act, shall apply to any arbitration to the extent that it is not inconsistent with these provisions.

38.3.14

The Board shall maintain a public record of the arbitration decisions of the arbitration panels.

38.3.15

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

38.3.16

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

38.3.17

Unless otherwise specified in a decision of the arbitration panel, the effective date of the decision of the arbitration panel is the date on which the decision is released.

38.3.18

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

PART 4

TRANSITIONAL

38.4.1

Until the Board is established, the territorial Arbitration Act, applies to any arbitration described in Section 38.2.1.