ARTICLE 10: LAND AND RESOURCE MANAGEMENT INSTITUTIONS

PART 1

TIMETABLE

10.1.1

The Government of Canada undertakes that the following institutions will be established as institutions of public government in accordance with the Agreement, according to the following timetable:

(a)

the Surface Rights Tribunal (Tribunal), six months after the date of ratification of the Agreement, unless established at an earlier date; and

(b)

the following institutions, namely

(i)

the Nunavut Impact Review Board (NIRB),

(ii)

the Nunavut Planning Commission (NPC), and

(iii)

the Nunavut Water Board (NWB),

on the second anniversary of the date of ratification of the Agreement, unless established at an earlier date.

10.1.2

Without in any way limiting the obligation of the Government of Canada, the institutions referred to in Section 10.1.1 shall be established by legislation of the Legislative Assembly to the extent that it has jurisdiction.

PART 2

MANNER OF IMPLEMENTATION

10.2.1

All substantive powers, functions, objectives and duties of the institutions referred to in Section 10.1.1 shall be set out in statute. Matters that do not touch upon the substantive powers, functions, objectives, duties, membership ratios and manner of appointment of members of the institutions, may be implemented through regulation, but the discretion to implement through regulation shall in no way be construed so as to broaden the powers set out in Section 10.6.1 and Section 10.7.1.

PART 3

ADDITIONAL DUTIES

10.3.1

Legislation relating to the institutions referred to in Section 10.1.1 may provide for other matters not dealt with in Articles 11, 12, 13 and 21, and may assign additional powers, functions, objectives or duties to the said institutions.

PART 4

CO-ORDINATION WITH ADJACENT INSTITUTIONS

10.4.1

Legislation may, subject to any matter contained in the Agreement, enable the institutions referred to in Section 10.1.1 to coordinate the discharge of their powers, functions or duties with other similar institutions having jurisdiction over areas adjacent to the Nunavut Settlement Area.

PART 5

DISCLOSURE OF INFORMATION

10.5.1

The institutions referred to in Section 10.1.1 shall in obtaining and disclosing information be subject to laws of general application relating to confidentiality of and access to information as if they were government departments.Where Government has a discretion to disclose any information to the institution, or an institution has a discretion to disclose information to a member of the public, it shall take into account the objects of the Agreement in exercising that discretion.

PART 6

CONSOLIDATION AND REALLOCATION

10.6.1

Notwithstanding any other provision of the Agreement, the Parliament of Canada or the Legislative Assembly, insofar as each has authority to do so, may by statute consolidate or reallocate the functions of the institutions referred to in Section 10.1.1, or enable the consolidation of hearings conducted by the institutions, but any such statute shall not diminish or impair the combined powers, functions, objectives or duties of the said institutions, or increase the powers of Government in relation thereto, and, without limiting the generality of the limitation, such statute shall,

(a)

preserve the following as discrete functions

(i)

planning policy functions,

(ii)

land use planning functions

(iii)

screening functions,

(iv)

development impact review functions, and

(v)

water use approval functions, except that these functions need not be discrete from development impact review functions;

(b)

not alter any requirement that a project proposal conform to or with a Land Use Plan or is exempt from such requirement before any decision to screen a project proposal is made;

(c)

except where the Agreement otherwise permits, not alter any requirement that a project proposal be screened, or screened and reviewed, as the case may be, before any approval, licence or project certificate is granted;

(d)

not reduce the level of monitoring provided for in the Agreement;

(e)

not adversely affect the ability of the said institutions to obtain relevant information or exercise subpoena powers where provided for in the Agreement;

(f)

not reduce the level of public participation or adversely affect the ability of members of the public to participate in the proceedings of the said institutions;

(g)

not alter the right of a member of the public to be heard by the said institutions in Inuktitut, or alter the obligation of the said institutions to conduct their business in Inuktitut; and

(h)

preserve the membership ratios of the institutions.

10.6.2

The consolidation and reallocation powers outlined in Section 10.6.1 shall come into effect three years after the establishment of the relevant institutions referred to in Section 10.1.1. In the period prior to these powers coming into effect, such consolidation or reallocation shall require the prior written approval of the DIO.

PART 7

VARYING CERTAIN ADMINISTRATIVE MATTERS

10.7.1

Notwithstanding any other provision of the Agreement, the Parliament of Canada or the Legislative Assembly, insofar as each has authority to do so, may by statute vary from the provisions of the Agreement relating to the institutions referred to in section 10.1.1, with respect to the following administrative matters:

(a)

the total number of members, provided that the number to be appointed upon nomination by a Designated Inuit Organization (DIO) respects the membership ratio and the opportunity for regional representation;

(b)

the terms of office of members or the reappointment of members, provided there is reasonable continuity in membership;

(c)

information to be provided to an institution, subject to the limitation set out in Sub-section 10.6.1(e);

(d)

the authority of an institution in respect of officers and experts; and

(e)

with respect to the provisions of Article 12

(i)

the extension or, with the approval of NIRB, shortening of deadlines for actions,

(ii)

the number of members required for a quorum for NIRB,

(iii)

matters governed by Section 12.5.3 and by by-laws made by NIRBreferred to in Section 12.2.23, subject to the limitations set out in Subsections 10.6.1(e), (f) and (g), and

(iv)

the list of matters NIRB is required to take into account when reviewing a project proposal provided the ability of NIRB to take into account matters relevant to its mandate is not impaired.

10.7.2

Notwithstanding any other provision of the Agreement, where the Parliament of Canada or Legislative Assembly has allowed for the administrative matters referred to in Section 10.7.1 to be regulated by the Governor-in-Council or Commissioner- in-Executive Council, their regulations may vary from provisions of the Agreement with respect to administrative matters referred to in Section 10.7.1 subject to the limitations specified therein.

10.7.3

The powers to vary referred to in Sections 10.7.1 and 10.7.2 shall come into effect one year after the establishment of the relevant institutions referred to in Section 10.1.1. In the period prior to these powers coming into effect, such variance shall require the prior written approval of the DIO.

PART 8

CONSULTATION

10.8.1

Government shall consult closely with the DIO and the relevant institution referred to in Section 10.1.1 prior to taking any initiative under Sections 10.6.1, 10.7.1 or 10.7.2. The appropriate DIO or institution shall, upon request, be given an audience with the appropriate Minister as part of such consultation.

PART 9

INTERVENOR FUNDING

10.9.1

The Agreement shall in no way prejudice the ability of Inuit to benefit from any programs of intervenor funding that may be in place from time to time.

PART 10

DELAY IN LEGISLATION

10.10.1

Where the legislation to establish any of the institutions referred to in Section 10.1.1 is not in effect by the first anniversary of the date specified for their establishment,

(a)

in respect of the Tribunal, the Minister shall appoint persons as members of the Tribunal; and

(b)

in respect of NIRB, the NPC or the NWB, the provisions of the Agreement respecting the appointment of the members of that institution shall be considered to be in effect on that anniversary date, and upon their appointment, those members shall be considered to have, for all purposes of law, all the powers and duties described in the Agreement.

10.10.2

Without in any way limiting Section 10.2.1, or any other relevant provisions of the Agreement, where an institution is established under Section 10.10.1, Government may provide, by regulation or order, for any matter in relation to that institution, not inconsistent with those powers and duties, to facilitate the operation of that institution.

10.10.3

Government may, at any time, re-establish in the manner provided for in, and consistent with, the other Parts of this Article, any institution established under Section 10.10.1.

ARTICLE 11: LAND USE PLANNING

PART 1

APPLICATION

11.1.1

Until such time as the Nunavut Planning Commission is established, land use planning in the Nunavut Settlement Area shall be conducted according to the July28, 1983 Basis of an Agreement for Land Use Planning in the NWT, subject to any interim changes that may be agreed to by the Tungavik Federation of Nunavut or its successor and Government.

11.1.2

In this Article:

"land" includes water and resources including wildlife.

11.1.3

The appropriate government departments and agencies shall be responsible for the implementation of land use plans approved in accordance with Section 11.5.9.

11.1.4

This Article applies to both land and marine areas within the Nunavut SettlementArea and the Outer Land Fast Ice Zone.

PART 2

PLANNING PRINCIPLES, POLICIES, PRIORITIES AND OBJECTIVES

11.2.1

The following principles shall guide the development of planning policies, priorities and objectives:

(a)

people are a functional part of a dynamic biophysical environment, and land use cannot be planned and managed without reference to the human community; accordingly, social, cultural and economic endeavours of the human community must be central to land use planning and implementation;

(b)

the primary purpose of land use planning in the Nunavut Settlement Area shall be to protect and promote the existing and future well being of those persons ordinarily resident and communities of the Nunavut Settlement Area taking into account the interests of all Canadians; special attention shall be devoted to protecting and promoting the existing and future well-being of Inuit and Inuit Owned Lands;

(c)

the planning process shall ensure land use plans reflect the priorities and values of the residents of the planning regions;

(d)

the public planning process shall provide an opportunity for the active and informed participation and support of Inuit and other residents affected by the land use plans; such participation shall be promoted through recruitment and training of local residents to participate in comprehensive land use planning;various means, including ready access to all relevant materials, appropriate and realistic schedules,

(e)

plans shall provide for the conservation, development and utilization of land;

(f)

the planning process shall be systematic and integrated with all other planning processes and operations, including the impact review process contained in the Agreement; and

(g)

an effective land use planning process requires the active participation of bothGovernment and Inuit.

11.2.2

The objective of the planning process shall be:

(a)

to develop planning policies, priorities and objectives regarding the conservation, development, management and use of land in the Nunavut Settlement Area;

(b)

consistent with Sub-section (a), to prepare land use plans which guide and direct resource use and development in the Nunavut Settlement Area; and

(c)

the implementation of land use plans.

11.2.3

In developing planning policies, priorities and objectives, factors such as the following shall be taken into account:

(a)

economic opportunities and needs;

(b)

community infrastructural requirements, including housing, health, education and other social services, and transportation and communication services and corridors;

(c)

cultural factors and priorities;

(d)

environmental protection and management needs, including wildlife conservation, protection and management; and

(e)

energy requirements, sources and availability.

PART 3

LAND USE PLANS

11.3.1

A land use plan shall be a document containing text, schedules, figures and maps for the establishment of objectives and guidelines for short-term and long-term development, taking into account factors such as the following:

(a)

demographic considerations;

(b)

the natural resource base and existing patterns of natural resource use;

(c)

economic opportunities and needs;

(d)

transportation and communication services and corridors;

(e)

energy requirements, sources and availability;

(f)

community infrastructural requirements, including health, housing, education and other social services;

(g)

environmental considerations, including Parks and Conservation Areas, and wildlife habitat;

(h)

cultural factors and priorities, including the protection and preservation of archaeological sites and outpost camps; and

(i)

special local and regional considerations.

11.3.2

The purpose of a land use plan shall be to protect and promote the existing and future well-being of the residents and communities of the Nunavut Settlement Area, taking into account the interests of all Canadians, and to protect, and where necessary, to restore the environmental integrity of the Nunavut Settlement Area.

11.3.3

A land use plan shall contain an implementation strategy.

PART 4

NUNAVUT PLANNING COMMISSION (NPC)

11.4.1 - Establishment

A Nunavut Planning Commission (NPC) shall be established with the major responsibilities to:

(a)

establish broad planning policies, objectives and goals for the NunavutSettlement Area in conjunction with Government;

(b)

develop, consistent with other provisions of this Article, land use plans that guide and direct resource use and development in the Nunavut Settlement Area; and

(c)

generally, fulfill the objectives of the Agreement in the manner described, and in accordance with the general principles mentioned in Section 11.2.1, as well as such additional functions as may be agreed upon from time to time by Government and the DIO.

11.4.2

The head office of the NPC shall be in the Nunavut Settlement Area.

11.4.3

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

11.4.4 - Role and Responsibility

Consistent with the Agreement, the NPC shall:

(a)

identify planning regions;

(b)

identify specific planning objectives, goals and variables that apply to planning regions and are consistent with the broader objectives and goals;

(c)

contribute to the development and review of Arctic marine policy;

(d)

disseminate information and data;

(e)

solicit opinions from municipalities, residents and others about planning objectives, goals and options of the region;

(f)

prepare and circulate draft land use plans;

(g)

promote public awareness and discussion and conduct public hearings and debate throughout the planning process;

(h)

recommend plans to the Ministers;

(i)

consider modifications requested by the Ministers in the event that a draft plan is rejected;

(j)

consider amendments to a land use plan in accordance with Part 6;

(k)

determine whether a project proposal is in conformity with a land use plan;

(l)

monitor projects to ensure that they are in conformity with land use plans; and (m) report annually to the Ministers and the DIO on the implementation of land use plans.

11.4.5 - Composition and Appointment

The size and makeup of the membership of the NPC may vary, but the Government of Canada and Territorial Government shall each recommend at least one member and the DIO shall nominate a number of members equal to the total number recommended by Government. The NPC members shall be appointed by the Minister of Indian Affairs and Northern Development from the above-noted recommendations and nominations.

11.4.6

Federal and territorial public servants shall not be appointed to the NPC.

11.4.7

At least half of the membership of the NPC shall be residents of the NunavutSettlement Area.

11.4.8

The DIO shall have the right to substitute from time to time alternates for its nominated members in order to ensure appropriate representation from the region for which planning is being conducted at any one time. Such alternates shall be appointed in a manner consistent with Section 11.4.5.

11.4.9

Subject to Section 11.4.11, members shall be appointed for a term of three years.

11.4.10

From nominations provided by the NPC, the Minister of Indian Affairs and Northern Development, in consultation with the Territorial Government Minister responsible for Renewable Resources, shall appoint a further member to act as a chairperson. A member of the NPC may be nominated as chairperson and another member appointed under Section 11.4.5.

11.4.11

The chairperson or other member of NPC may be removed for cause.

11.4.12

Where a vacancy occurs, a replacement member may be nominated or recommended for the remainder of the term of the vacant member by the body nominating or recommending the member under Sections 11.4.5 or 11.4.10. Upon receiving the recommendation or nomination the Minister shall appoint the replacement member.

11.4.13

A member may be reappointed.

11.4.14 - Matters Binding on the Nunavut Planning Commission

The chairperson and other members shall perform their duties in accordance with: (a)an oath following the form set out in Schedule 5-4, taken and subscribedbefore assuming office before an officer authorized by law to administer oaths;

(b)

rules relating to conflict of interest set out in applicable federal and territorial laws, provided that, where a matter before the NPC affects Inuit in a general way, a member shall not be considered to have a conflict solely on the basis that the member is an Inuk; and

(c)

the terms of the Agreement.

11.4.15

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

11.4.16 - By-laws and Powers

The NPC may make by-laws and rules respecting:

(a)

the calling of meetings and sittings of the NPC;

(b)

the conduct of business at meetings of the NPC and the establishment of technical panels of the NPC;

(c)

the procedures for making submissions, representations and complaints to theNPC;

(d)

the procedures for collecting information and opinion, including the procedures for conducting formal and informal public hearings;

(e)

generally the manner of conducting the business of or before the NPC; and

(f)

the admissibility of evidence.

11.4.17

In conducting its hearings, the NPC shall:

(a)

at all times, give weighty consideration to the tradition of Inuit oral communication and decision making; and

(b)

allow standing at all hearings to a DIO.

11.4.18

The NPC may, within its approved budget, engage and fix the remuneration of experts or persons having technical or special knowledge to assist the NPC.

PART 5

DEVELOPMENT AND REVIEW OF LAND USE PLANS

11.5.1

A Nunavut land use plan shall be formulated by the NPC in accordance with Section 11.5.4 to guide and direct short term and long term development in the Nunavut Settlement Area. Regional or sub-regional components of the land use plan shall be implemented where approved pursuant to Section 11.5.9.

11.5.2

The first stage of the formulation of a land use plan, after such consultation as theNPC finds appropriate, shall be the preparation of a draft land use plan by the NPC.

11.5.3

The NPC shall prepare a draft land use plan in accordance with Section 11.5.4 and, upon completion, shall make the draft land use plan public and solicit written and oral comments from all appropriate federal and territorial government agencies, DIOs, communities and the general public.

11.5.4

The NPC shall:

(a)

conduct public hearings on the draft plans;

(b)

evaluate the draft plans in light of representations made at the public hearings;and

(c)

as appropriate, revise the draft plans.

11.5.5

Upon completion of the process in Section 11.5.4, the NPC shall submit the draft plan as revised along with a written report of the public hearings to the Minister of Indian Affairs and Northern Development and the Territorial Government Minister responsible for Renewable Resources. The NPC shall also make the revised draft land use plan public.

11.5.6

Upon receipt of the revised draft land use plans, the Ministers jointly shall, as soon as practicable:

(a)

accept the plan; or

(b)

refer it back to the NPC for reconsideration accompanied by written reasons;the NPC may make the reasons of the Ministers public.

11.5.7

The NPC shall reconsider the plan in light of written reasons and shall resubmit the plan to the Ministers for final consideration.

11.5.8

Upon accepting a plan, the Minister of Indian Affairs and Northern Development shall seek Cabinet approval and commitment, and the Territorial Government Minister responsible for Renewable Resources shall seek approval and commitment of the Executive Council.

11.5.9

Upon approval by Cabinet and the Executive Council, the plan shall be implemented on the basis of jurisdictional responsibility. All federal and territorial government departments and agencies shall conduct their activities and operations in accordance with the plan as approved.

11.5.10

The NPC shall review all applications for project proposals. Upon receipt and review of a project proposal, the NPC or members thereof or officers reporting to the NPC shall:

(a)

determine whether the project proposals are in conformity with plans; and

(b)

forwardtheprojectproposalswithits determination and any recommendations to the appropriate federal and territorial agencies.

The land use plan may make provision for the NPC to approve minor variances.

11.5.11

Where the NPC has determined that a project proposal is not in conformity with the plan, the proponent may apply to the appropriate Minister for exemption. The Minister may exempt the project proposal from conformity with the plan and shall, subject to Sections 12.3.2 and 12.3.3, refer it to NIRB for screening.Non- conforming project proposals shall not be sent to NIRB until such exemption is obtained or a variance has been approved.

11.5.12

Where the appropriate Minister exempts a project proposal, the Minister shall supply the NPC with written reasons and such reasons shall be made public.

11.5.13

Sections 11.5.10 to 11.5.12 shall apply where a land use plan has been approved pursuant to Section 11.5.9.

PART 6

AMENDMENT AND PERIODIC REVIEW OF LAND USE PLANS

11.6.1

Government, a DIO, or any person affected by a plan, may propose amendments to the plan to the NPC.

11.6.2

The NPC shall consider a proposed amendment and, if it deems a review appropriate, review the proposal publicly.

11.6.3

Upon completion of the process in Section 11.6.2, the NPC shall recommend to the Minister of Indian Affairs and Northern Development and the Territorial Government Minister responsible for Renewable Resources that:

(a)

the proposed amendment be rejected in whole or in part; or

(b)

the proposed amendment be accepted, in whole or in part.

11.6.4

If the Ministers reject the recommendations of the NPC, Sections 11.5.6 and 11.5.7 shall apply mutatis mutandis.

11.6.5

An amendment to a plan shall be effective when approved by the Ministers.

PART 7

MUNICIPALITIES

11.7.1

Sections 11.7.2 to 11.7.5 shall guide land use planning for municipalities and the involvement of municipalities in regional land use planning.

11.7.2

The principles of land use planning as set out in this Article shall be applied in the development of municipal plans. The development of municipal plans shall be the responsibility of the municipalities as provided for in territorial government legislation.

11.7.3

In the development of a regional land use plan, the NPC shall give great weight to the views and wishes of the municipalities in the areas for which planning is being conducted.

11.7.4

The NPC and municipal planning authorities shall cooperate to ensure that regional and municipal land use plans are compatible.

PART 8

INTERPRETATION

11.8.1

Land use plans shall be developed and implemented in a manner consistent withArticles 5 and 7.

11.8.2

The land use planning process shall apply to Inuit Owned Lands. Land use plans shall take into account Inuit goals and objectives for Inuit Owned Lands.

PART 9

WASTE CLEAN-UP

11.9.1

The NPC shall identify and priorize the requirement to clean-up waste sites in the Nunavut Settlement Area, including hazardous waste sites, inactive mining sites, abandoned DEW Line sites, and non-hazardous sites near communities. The NPC shall consider waste sites in the Kitikmeot region on a priority basis. To the extent possible, this initiative shall be co-ordinated with the development of land use plans.

ARTICLE 12: DEVELOPMENT IMPACT

PART 1

DEFINITIONS

12.1.1

In this Article:

"certificate" means a certificate issued by NIRB pursuant to Sections 12.5.12 and 12.6.17;

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

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

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

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

PART 2

NUNAVUT IMPACT REVIEW BOARD (NIRB)

12.2.1 - Establishment

A Nunavut Impact Review Board (NIRB) shall be established as an institution of public government. Responsibility for the operation of NIRB shall vest in the members of NIRB.

12.2.2 - Functions

The primary functions of NIRB shall be:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

12.2.3

The mandate of NIRB shall not include the establishment of requirements for socio-economic benefits.

12.2.4

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

12.2.5 - Primary Objectives

In carrying out its functions, the primary objectives of NIRB shall be at all times to protect and promote the existing and future well-being of the residents and communities of the Nunavut Settlement Area, and to protect the ecosystemic integrity of the Nunavut Settlement Area. NIRB shall take into account the well-being of residents of Canada outside the Nunavut Settlement Area.

12.2.6 - Membership and Mode of Appointment

NIRB shall be a board composed of nine members, one of whom shall be the chairperson. The members shall be appointed as follows:

(a)

four members shall be appointed by the federal Minister responsible forNorthern Affairs, upon nomination by the DIO;

(b)

a total of two members shall be appointed by one or more Ministers of theGovernment of Canada;

(c)

a total of two members shall be appointed by one or more Ministers of the Territorial Government; at least one of whom shall be appointed by the Minister responsible for Renewable Resources;

(d)

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

(e)

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

12.2.7

In the initial appointment of NIRB members, two members under Sub-section12.2.6(a), one member under Sub-section 12.2.6(b) and one member under Sub- section 12.2.6(c) shall be appointed for three years, and the other members under Sub-sections 12.2.6(a), (b) and (c) shall be appointed for four years. Thereafter, all appointments shall be for a term of three years, except that any member appointed to replace any member whose term has not expired shall be appointed for the balance of the term of his or her predecessor.

12.2.8

The chairperson shall be appointed for a three-year term.

12.2.9

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

12.2.10

Where a vacancy occurs, a replacement member may be nominated and appointed pursuant to the provisions of Section 12.2.6 for the remainder of the term of the former member.

12.2.11

Members of NIRB may be reappointed.

12.2.12

Members of NIRB shall perform their duties in accordance with:

(a)

an oath following the form set out in Schedule 5-4, taken and subscribed before assuming office, before an officer authorized by law to administer oaths;

(b)

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

(c)

the terms of the Agreement.

12.2.13

Additional members may be appointed from time to time in the same manner and ratio as set out in Sub-sections 12.2.6(a), (b) and (c). Such members may be appointed for a specific purpose, or for a term not exceeding three years.

12.2.14

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

12.2.15 - Head Office, Meetings

The head office of NIRB shall be in the Nunavut Settlement Area.

12.2.16

NIRB shall, whenever practicable, meet in the Nunavut Settlement Area.

12.2.17

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

12.2.18

The chairperson shall convene a meeting of NIRB within 21 days of receipt, from any five members, of a written request indicating the purpose of such meetings.

12.2.19 - Quorum, Voting

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

12.2.20

Each member other than the chairperson shall have one vote on any matter requiring a decision of NIRB. If there is a tie vote, the chairperson shall vote on the matter.

12.2.21

Five members of NIRB shall comprise a quorum.

12.2.22

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

12.2.23 - By-laws and Procedures

NIRB, after due consultation, may make and shall publish its by-laws and rules of procedure respecting:

(a)

the calling of meetings of NIRB;

(b)

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

(c)

the establishment of special and standing committees of NIRB, and the fixing of quorums for meetings thereof;

(d)

the carrying on of the work of NIRB, the management of its internal affairs, and the duties of its officers and employees;

(e)

the procedures for making representations and complaints to NIRB;

(f)

the procedures and guidelines for collecting information and opinions;

(g)

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

(h)

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

(i)

generally, the manner of conducting any business of or before NIRB.

12.2.24 - Public Hearings

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

(a)

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

(i)

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

(ii)

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

(b)

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

12.2.25

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

12.2.26

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

12.2.27

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

12.2.28 - Officers and Employees

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

12.2.29

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

12.2.30

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

12.2.31 - Costs of NIRB

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

PART 3

RELATIONSHIP TO THE LAND USE PLANNING PROVISIONS

12.3.1

Where the NPC determines, pursuant to Section 11.5.10, that a project proposal is in conformity with the land use plans, or a variance has been approved, the NPC shall, subject to Sections 12.3.2, 12.3.3 and 12.4.3, forward the project proposal with its determination and recommendations to NIRB for screening.

12.3.2

Project proposals falling within Schedule 12-1 shall be exempt from the requirement for screening by NIRB. The NPC shall not forward such project proposals to NIRB.

12.3.3

Notwithstanding Section 12.3.2, the NPC may refer a project proposal falling within Schedule 12-1 to NIRB for screening, where the NPC has concerns respecting the cumulative impact of that project proposal in relation to other development activities in a planning region.

12.3.4

NIRB shall not screen project proposals that are not in conformity with land use plans, unless an exemption has been received under 11.5.11 or a variance has been approved under Section 11.5.10.

12.3.5

Sections 12.3.1 to 12.3.4 shall apply where a land use plan has been approved pursuant to Section 11.5.9. In the absence of an approved land use plan, all project proposals other than those that fall within Schedule 12-1 shall be referred directly to NIRB for screening.

PART 4

SCREENING OF PROJECT PROPOSALS

12.4.1

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

12.4.2

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

(a)

NIRB generally shall determine that such a review is required when, in itsjudgement,

(i)

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

(ii)

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

(iii)

the project will cause significant public concern, or

(iv)

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

(b)

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

(i)

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

(ii)

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

(c)

in determining whether a review is required or not NIRB shall give greater weight to the provisions of Sub-section 12.4.2(a).

12.4.3

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

(a)

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

(b)

its inclusion would significantly modify the project.

12.4.4

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

(a)

the proposal may be processed without a review under Part 5 or 6; NIRB may recommend specific terms and conditions to be attached to any approval, reflecting the primary objectives set out in Section 12.2.5;

(b)

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

(c)

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

(d)

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

12.4.5

NIRB shall carry out its responsibilities under Section 12.4.4:

(a)

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

(b)

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

(c)

in any other situation, within 45 days.

12.4.6

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

12.4.7

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

(a)

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

(b)

where a proposal is not to be reviewed by a federal environmental assessment panel, refer the proposal to NIRB for a review of the ecosystemic and socio-economic impacts in the Nunavut Settlement Area; or

(c)

where the proposal is not in the national or regional interest, inform the proponent that the proposal should be abandoned or modified and resubmitted to NIRB to be dealt with in accordance with Section 12.4.4.

12.4.7

(Amended P.C. 2008-977 May 29,2008)

Where NIRB indicates to the Minister that a project proposal requires review, the Minister shall:

(a)

refer the project proposal to the Minister of the Environment for review, including a review of both socioeconomic and ecosystemic impacts, by a federal environmental assessment panel in accordance with Part 6 where:

(i)

the project proposal involves a matter of important national interest and a federal Minister determines that, for reasons stated in writing, the project proposal would be best reviewed under Part 6, provided that:

(A)

a review pursuant to this subparagraph shall occur only on an exceptional basis and shall reflect the primary objectives of section 12.2.5;

(B)

such determination shall be made within 90 days or within a further consecutive 90 day period where the federal Minister notifies NIRB in writing that such an extended period is required to make the determination; and

(C)

such determination shall be made following consultation with the Minister of the Environment, the territorial minister responsible for the environment and NIRB

Or,

(ii)

the project proposal is to be carried out partly within and partly outside the geographic area to which this Article applies, unless the Minister, the Minister of the Environment and NIRB agree that the project proposal will be reviewed pursuant to Part 5.

12.4.8

Where NIRB indicates to the Minister that a proposal should be returned to the proponent for clarification, the Minister shall return the proposal to the proponent for clarification and resubmission to NIRB to be dealt with in accordance with Sub- sections 12.4.4(a), (b) or (d).

12.4.9

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

(a)

return the proposal to the proponent for modification and resubmission toNIRB to be dealt with in accordance with Section 12.4.4;

(b)

where it appears to be in the national or regional interest that a proposal be reviewed, refer the proposal for review as provided in Sub-sections 12.4.7(a) or (b) accompanied by written reasons for that decision; or

(c)

inform the proponent that the project should be abandoned.

PART 5

REVIEW OF PROJECT PROPOSALS BY NIRB

12.5.1

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

12.5.2

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

(a)

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

(b)

anticipated ecosystemic and socio-economic impacts of the project;

(c)

anticipated effects of the environment on the project;

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

options for implementing the proposal; and

(j)

any other matters that NIRB considers relevant.

12.5.3 - Hearings

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

12.5.4 - Time Frames

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

12.5.5 - Matters Taken into Account

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

(a)

whether the project would enhance and protect the existing and future well-being of the residents and communities of the Nunavut Settlement Area, taking into account the interests of other Canadians;

(b)

whether the project would unduly prejudice the ecosystemic integrity of theNunavut Settlement Area;

(c)

whether the proposal reflects the priorities and values of the residents of theNunavut Settlement Area;

(d)

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

(e)

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

(f)

posting of performance bonds;

(g)

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

(h)

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

12.5.6 - NIRB Report

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

(a)

its assessment of the project and its impacts;

(b)

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

(c)

in the event the project were to proceed, terms and conditions reflecting the primary objectives set out in Section 12.2.5.

12.5.7

Upon receipt of the NIRB report, the Minister shall:

(a)

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

(b)

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

(c)

where NIRB has determined that a project should proceed, reject the report on the grounds that

(i)

any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and socio- economic impacts, or

(ii)

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

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

(d)

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

(e)

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

12.5.8

Upon considering or reconsidering the terms and conditions of a project approval further to Sub-sections 12.5.7(c) or (d), NIRB shall:

(a)

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

(b)

refer its revised report back to the Minister; and

(c)

make its revised report available to the public.

12.5.9

Upon receipt of a revised NIRB report under Section 12.5.8, the Minister shall:

(a)

accept the terms and conditions; or

(b)

reject or vary the terms and conditions, in whole or in part, on the grounds set out in Paragraphs 12.5.7(c)(i) and (ii).

12.5.10

The Minister shall supply NIRB with written reasons for every decision.

12.5.11

Notwithstanding Sections 12.5.7 and 12.5.9, NIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in Sections 12.5.7 and 12.5.9.

12.5.12

Upon completion of the process described in Sections 12.5.1 to 12.5.11 where it has been determined that a project should proceed, NIRB shall issue a project certificate including any terms and conditions which have been accepted or varied by the Minister.

PART 6

REVIEW BY A FEDERAL ENVIRONMENTAL ASSESSMENT PANEL

12.6.1 - Generally

Where the Minister under Sub-section 12.4.7(a) decides to refer a project proposal to the Minister of the Environment for public review by a federal environmental assessment panel, the panel shall conduct its review in accordance with the provisions of this Part and with any other procedures, principles and general practices that provide at least the same opportunity for an open and comprehensive public review as provided by the Environmental Assessment and Review Process Guidelines Order (S.O.R./84-467, 22 June, 1984).

12.6.2 - Membership on Panels

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

12.6.3

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

12.6.4

Members of panels shall:

(a)

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

(b)

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

12.6.5 - Guidelines

Once constituted, a panel may issue to the project proponent a set of guidelines for the preparation of a statement by the proponent on ecosystemic and socio-economic impacts. Any such guidelines shall where appropriate, require the statement to contain information with respect to those matters listed in Section12.5.2. NIRB shall review the guidelines and provide input into their development.

12.6.6

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

12.6.7 - Hearings

In the conduct of its public hearings under these provisions, a panel shall be bound mutatis mutandis by Sub-sections 12.2.24, 12.2.26 and 12.2.27.The panel's powers, including any powers of subpoena, shall not be less than those available to federal environment assessment and review panels established under laws of general application.

12.6.8 - Relevant Factors

The panel, when assessing any project proposal, shall take into account all matters that are relevant to its mandate, including as appropriate those matters listed in Section 12.5.5.

12.6.9 - Report

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

12.6.10

Upon receipt of the report of the panel, NIRB shall have 60 days to review the report and forward its findings and conclusions to the Minister with respect to ecosystemic and socio-economic impacts in the Nunavut Settlement Area. NIRB may identify deficiencies in the panel report, additional terms, conditions and mitigative measures that should be attached to any project approval, additional data requirements, and any other conclusions deemed pertinent by NIRB including whether or not the project proposal should proceed. In so doing, NIRB shall be guided by the primary objectives set out in Section 12.2.5.

12.6.11

Upon receipt of the panel report and the recommendations of NIRB the Minister shall:

(a)

accept the report with the terms and conditions proposed by the panel insofar as they apply to the Nunavut Settlement Area;

(b)

accept the report insofar as it applies to the Nunavut Settlement Area with modifications proposed by NIRB; or

(c)

reject the panel report or any part thereof insofar as it applies to the NunavutSettlement Area on the following grounds

(i)

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

(ii)

the project proposal should be allowed to proceed because of its importance in the national or regional interest, in which case NIRB shall consider the terms and conditions with respect to the Nunavut Settlement Area which should be attached to any approval, or

(iii)

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

12.6.12

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

12.6.13

Upon receipt of NIRB's report further to Section 12.6.12, the Minister shall:

(a)

accept the terms and conditions; or

(b)

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

(i)

any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and socio-economic impacts in the Nunavut Settlement Area, or

(ii)

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

12.6.14

The Minister shall supply NIRB with written reasons for every decision insofar as it applies to the Nunavut Settlement Area.

12.6.15

The role of NIRB with respect to any federal environmental assessment panel report shall be confined to those parts of that report that are applicable to or affect the Nunavut Settlement Area.

12.6.16

Notwithstanding Sections 12.6.11 and 12.6.13, the panel's report or NIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in Sections 12.6.11 and 12.6.13.

12.6.17

Upon completion of the process described in Sections 12.6.1 to 12.6.16, NIRB shall issue a NIRB project certificate including any terms and conditions which have been accepted or varied by the Minister.

PART 7

MONITORING

12.7.1 - Project Monitoring

The terms and conditions contained in:

(a)

a NIRB project certificate issued pursuant to Section 12.5.12 or 12.6.17;

(b)

a recommendation of NIRB pursuant to Sub-section 12.4.4(a); or

(c)

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

12.7.2

The purpose of a monitoring program set up pursuant to Section 12.7.1 shall be:

(a)

to measure the relevant effects of projects on the ecosystemic andsocio-economic environments of the Nunavut Settlement Area;

(b)

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

(c)

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

(d)

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

12.7.3

Without limiting the generality of Section 12.7.2, the monitoring program set up pursuant to that section may include:

(a)

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

(b)

a requirement for a periodic evaluation by NIRB of monitoring programs for projects; and

(c)

based on Sub-section (b), a requirement that NIRB compile a report on the adequacy of the monitoring program and on the ecosystemic and socio-economic impacts of the project.

12.7.4

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

12.7.5

Any monitoring program established for a project under Section 12.7.1 shall be designed so as to avoid duplication of duties and to facilitate coordination of monitoring activities, and may, in addition to any other relevant matters, provide for the variables to be monitored and the program specifications.

12.7.6 - General Monitoring

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

(a)

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

(b)

in accordance with the plan, report periodically on the ecosystemic and socio-economic environment of the Nunavut Settlement Area; and

(c)

use the information collected under Sub-sections (a) and (b) to fulfill its existing responsibilities under Article 11.

12.7.7

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

PART 8

FLEXIBILITY IN RELATION TO CERTIFICATES

12.8.1

NIRB project certificates issued under either Sections 12.5.12 or 12.6.17 may contain terms and conditions expressed to come into force at some time in the future or on the happening of any particular event or contingency.

12.8.2

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

(a)

the terms and conditions are not achieving their purpose;

(b)

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

(c)

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

12.8.3

Where the Minister determines that any of the conditions in Sub-sections 12.8.2(a), (b) or (c) have been established, NIRB shall reconsider the terms and conditions contained in a certificate, and NIRB shall produce a report of its reconsideration. The Minister may accept, reject or vary that report only on the grounds specified in Section 12.6.13. NIRB shall amend its certificate to reflect any changes as accepted, rejected or varied by the Minister.

12.8.4

For greater certainty, Section 12.5.4 applies to a reconsideration by NIRB pursuant to Section 12.8.2 or 12.8.3.

PART 9

IMPLEMENTATION

12.9.1

Subject to Section 12.9.3, the terms and conditions of NIRB project certificates shall be implemented by all government departments and agencies in accordance with their authorities and jurisdictional responsibilities.

12.9.2

Without limiting the generality of Section 12.9.1, the terms and conditions of NIRB project certificates shall, in accordance with the authorities and jurisdictional responsibilities of government departments and agencies, be incorporated in relevant permits, certificates, licences or other government approvals that the proponent may require. Government departments and agencies shall discuss with NIRB how best to implement the terms and conditions of NIRB project certificates and may provide NIRB with drafts of permits, certificates, licences and other government approvals.

12.9.3

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

(a)

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

(b)

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

(c)

an amendment to the NIRB project certificate is accepted pursuant to Section 12.8.3.

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

12.9.4

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

12.9.5

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

12.9.6

Where there is conflict between any NIRB project certificate and a decision of a regulatory board not falling within Section 12.9.3, the NIRB project certificate shall prevail.

12.9.7

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

12.9.8

Nothing in Sections 12.9.1 to 12.9.7 shall preclude any regulatory or government agency from reviewing a project and imposing additional or more stringent terms and conditions, or from refusing to issue a licence or approval that would be required in order to allow a proposed project to proceed.

12.9.9

The duty to implement referred to in Section 12.9.1 does not include an obligation on Government to amend legislation.

12.9.10

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

PART 10

ENFORCEMENT

12.10.1 - Projects Not to Proceed

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

12.10.2 - Exceptions

Notwithstanding Section 12.10.1, where a project proposal has been referred for review pursuant to Part 5 or 6, approvals or licences for exploration or development activities related to that project may be issued if:

(a)

the activity falls within Schedule 12-1; or

(b)

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

12.10.3 - Continuing Responsibilities

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

12.10.4

Responsible government departments and agencies shall apply effective techniques at their disposal for enforcement under Section 12.10.3 and in applying such techniques, they shall not be confined to prosecution or to the suspension of any permit, certificate, licence or other government approval.

12.10.5 - Standing

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

(a)

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

(b)

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

(c)

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

PART 11

TRANSBOUNDARY IMPACTS

12.11.1 - Transboundary Impacts

NIRB may upon request by Government or, with the consent of Government, upon request by a DIO, review a project proposal located outside of the Nunavut Settlement Area which may have significant adverse ecosystemic or socio- economic effects on the Nunavut Settlement Area.

12.11.2

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

PART 12

APPLICATION

12.12.1 - Geographic Application

This Article shall apply to Inuit Owned Lands.

12.12.2

This Article shall apply to both land and marine areas within the Nunavut Settlement Area and to the Outer Land Fast Ice Zone. Shipping associated with project proposals in the Nunavut Settlement Area shall be subject to this Article. However, normal community resupply or individual ship movements not associated with project proposals shall not be subject to Parts 4, 5 and 6.

12.12.3

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

12.12.4 - Limitations

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

12.12.5

Decisions made pursuant to these provisions shall be designed, implemented and interpreted in a manner consistent with Articles 5 and 7.

12.12.6 - No Statutory Defence

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

12.12.7 - Canadian Environmental Assessment Act

(Amended P.C. 2008-977 May 29,2008)

The Canadian Environmental Assessment Act, and any successor legislation replacing that Act, shall not apply within the geographic area to which this Article applies.

12.12.8

(Amended P.C. 2008-977 May 29,2008)

The legislation referred to in Section 10.2.1 in respect of the processes referred to in this Article shall not be construed as successor legislation for the purposes of Section 12.12.7.

ARTICLE 13: WATER MANAGEMENT

PART 1

DEFINITION

13.1.1

In this Article:

"drainage basin" means a geographical area determined by the watershed limits of the systems of water, including surface and underground water, flowing into a common terminus;

"Use of water" does not include navigation.

PART 2

NUNAVUT WATER BOARD (NWB) ESTABLISHED

13.2.1

A Nunavut Water Board (NWB) shall be established as an institution of public government. It shall have responsibilities and powers over the regulation, use and management of water in the Nunavut Settlement Area, on a basis at least equivalent to the powers and responsibilities currently held by the Northwest Territories Water Board under the Northern Inland Waters Act RSC 1985, c. N-25, and any other responsibilities acquired under this Article.

PART 3

ORGANIZATION AND OPERATION OF THE NWB

13.3.1 - Membership, Appointment, and Panels

The NWB shall be composed of nine members. The members shall be appointed as follows:

(a)

four members shall be appointed by the Minister of Indian Affairs andNorthern Development upon nomination by a DIO;

(b)

two members shall be appointed by the Minister of Indian Affairs andNorthern Development;

(c)

two members shall be appointed by the Minister of Indian Affairs and Northern Development upon nomination by designated Ministers of the Territorial Government, one of whom shall be the Minister responsible for Renewable Resources; and

(d)

a chairperson shall be appointed by the Minister of Indian Affairs and Northern Development following consultation with the other members.

13.3.2

Subject to Sections 13.3.3 and 13.3.4, each member shall be appointed for a three year term. Members shall be eligible for reappointment.

13.3.3

Additional members may be appointed from time to time in the same manner and ratio as set out in Section 13.3.1. Any such member may be appointed for a specific purpose or for a term of less than three years.

13.3.4

Any member may be removed for cause.

13.3.5

Where a vacancy occurs, a replacement member may be nominated or appointed for the remainder of the term of the vacant member by the DIO nominating the member under paragraph 13.3.1(a) or by the Minister appointing the member under paragraphs 13.3.1(b) or (c). Upon receiving the nomination, the Minister shall appoint the replacement member pursuant to Section 13.3.1.

13.3.6 - Panels

Legislation may authorize the NWB to constitute itself into panels consisting of two or more NWB members. Such panels shall be composed of an equal number of government and DIO nominees. Legislation may authorize the NWB to delegate to a panel all or any powers of the NWB including the right to hold hearings and grant approvals.

13.3.7 - Matters Binding on Members

Members of the NWB shall perform their duties in accordance with:

(a)

an oath following the form set out in Schedule 5-4 and subscribed prior to assuming office before an officer authorized by law to administer oaths; and

(b)

laws relating to conflict of interest, provided no member shall be considered to be biased in any application before the NWB solely because the member is an Inuk.

13.3.8 - Administration

Members of the NWB shall perform duties on a part-time or full-time basis, as workload dictates, and shall receive fair remuneration as determined by Government for the performance of such duties. Each member shall be entitled to be paid such reasonable travelling and living expenses as are consistent with Treasury Board guidelines for travelling and living expenses of public servants.

13.3.9

The NWB shall maintain a head office in the Nunavut Settlement Area.

13.3.10

The NWB shall ordinarily meet in the Nunavut Settlement Area.

13.3.11

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

13.3.12 - Public Hearings

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

13.3.13

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

(a)

allow and give appropriate weight to evidence to be admitted at public hearings that would not normally be admissible under the strict rules of evidence; and

(b)

give due regard and weight to Inuit culture, customs and knowledge.

13.3.14

Prior to the holding of public hearings on any water application, the NWB shall take all steps necessary by way of notice, dissemination of information and scheduling and location of hearings to provide and promote public awareness in such public hearings.

13.3.15

Within a reasonable period of time prior to the commencement of any public hearing, the information provided to the NWB in relation to any water application shall be made available to the public.

13.3.16

In the conduct of public reviews, the NWB shall hold hearings in the communities most affected by the water application.

13.3.17 - Costs of NWB

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

PART 4

RELATIONSHIP TO LAND USE PLANNING

13.4.1 - Development of Land Use Plans

The NWB shall contribute fully to the development of land use plans as they concern water in the Nunavut Settlement Area by providing its recommendations to the NPC.

13.4.2 - Lack of Conformity with Land Use Plans

Where pursuant to Section 11.5.10, the NPC informs the appropriate agencies that a water application does not conform to land use plans or a variance has not been approved, the application shall be rejected. If, pursuant to Section 11.5.11, the applicant subsequently requests and receives an exemption from planning conformity requirements, the application shall be processed by the NWB or NIRB as required.

13.4.3 - Conformity with Land Use Plans

Where the NPC determines, pursuant to Section 11.5.10, that a water application is in conformity with land use plans or a variance has been approved, and where the application falls within Schedule 12-1, the NPC shall forward the application with its determination and recommendations to the NWB for disposition, unless the NPC exercises its authority under Section 13.4.4.

13.4.4

Where the NPC has concerns respecting the cumulative impact of development activities in a planning region, it may refer water applications to NIRB for screening even though the application falls within Schedule 12-1.

13.4.5

Where the NPC determines, pursuant to Section 11.5.10, that a water application is in conformity with the land use plans or when a variance has been approved, and where the application does not fall within Schedule 12-1, the NPC shall forward the application with its determination and recommendations to NIRB for screening.

13.4.6 - Absence of Land Use Plans

Sections 13.4.3, 13.4.4 and 13.4.5 shall apply where a land use plan has been approved pursuant to Section 11.5.9. In the absence of a land use plan, water applications requiring screening by NIRB shall be forwarded directly to NIRB.

PART 5

RELATIONSHIP TO DEVELOPMENT IMPACT REVIEW

13.5.1

Following receipt of a water application for screening, NIRB shall determine whether it requires a review pursuant to Article 12 and shall so advise the NWB.

13.5.2

Where the water application is referred for review under Article 12, the NWB and the review body shall coordinate their efforts to avoid unnecessary duplication in the review and processing of the application. Legislation may provide for joint hearings or authorize the NWB to forego public hearings on any water application where it has participated in a public review of the relevant water application pursuant to Article 12.

13.5.3

Where the water application is not referred for review under Article 12, the NWBmay process the application.

13.5.4

Subject to Sections 12.10.2 and 13.5.5, where a review is required pursuant to Article 12, the NWB shall not approve any water application that forms part of that review until Article 12 has been complied with.

13.5.5

Notwithstanding Section 12.10.1, the NWB shall not be precluded from issuing interim, short-term approvals for water uses related to exploration or developmental work for a proposal under development impact review.

PART 6

CO-ORDINATION OF RESOURCE MANAGEMENT ACTIVITIES

13.6.1

The NPC, NIRB and the NWB shall co-operate and co-ordinate their efforts in the review, screening and processing of water applications to ensure they are dealt with in a timely fashion.

PART 7

WATER APPLICATION APPROVAL

13.7.1

With the exception of domestic or emergency use of waters as set out in Section 5 of the Northern Inland Waters Act RSC 1985, c. N-25, no person may use water or dispose of waste into water without the approval of the NWB.

13.7.2

Subject to Section 13.7.4, the NWB shall hold a public hearing before approving any application. The NWB may, where there is no public concern expressed, waive the requirement for a public hearing.

13.7.3

From time to time the Governor-in-Council, after consultation with or on the advice of the NWB, may by regulation prescribe certain classes or types of water applications for which a public hearing need not be held.

13.7.4

NWB shall deal summarily with applications prescribed by regulation under Section 13.7.3, unless the NWB considers a public hearing warranted, in which case it may hold a public hearing following, to the extent appropriate, the same procedure as for an application not so prescribed.

13.7.5

The NWB shall have the right to delegate its authority to approve applications which do not require public hearings to the chief administrative officer of the NWB.

PART 8

PROVISION OF INFORMATION

13.8.1

Consistent with subsection 13(2) of the Northern Inland Waters Act, RSC 1985, c.N-25, the NWB, when considering a water application, may issue guidelines to the applicant for provision of information with respect to the following:

(a)

project description;

(b)

any qualitative and quantitative effects of the proposed water use on the water management area, including anticipated impacts on other water users of that area;

(c)

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

(d)

steps which the proponent proposes to take to compensate interests adversely affected by water use;

(e)

the program the proponent proposes to establish for monitoring impacts of the water use;

(f)

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

(g)

options for implementing the project; and

(h)

any other matters that the NWB considers relevant.

PART 9

ENFORCEMENT

13.9.1

Where approval of the NWB is required for a water application, the applicant shall not proceed until approval has been granted.

PART 10

OVERLAP

13.10.1 - Interjurisdictional Water Management

Where a drainage basin is shared between the Nunavut Settlement Area and another jurisdiction, the Government of Canada and the Territorial Government, assisted by the NWB, shall use their best efforts to negotiate agreements with other jurisdictions concerned with the use and management of such drainage basins.

13.10.2

In the event that it is determined that the approval of a water application in the Nunavut Settlement Area would have significant bearing upon water use outside the Nunavut Settlement Area, the NWB may collaborate with the competent water authority in the review, if appropriate, of that water application.

ARTICLE 14: MUNICIPAL LANDS

PART 1

DEFINITIONS

14.1.1

In this Article:

"Municipal Lands" means all lands within a municipal boundary, but excluding:

(a)

Inuit Owned Lands;

(b)

Crown Lands that are

(i)

the beds of water bodies,

(ii)

subject to Part 5, within a 100 foot strip along the shoreline of the seacoast, navigable rivers, and navigable lakes measured from the ordinary high water mark,

(iii)

identified in the Inventory of Government and Crown Agency Lands in Municipalities, deposited with the registrar, comprising lands required at present, or in the reasonable foreseeable future, for government facilities or operations, or

(iv)

acquired by the Crown subsequent to the date of ratification of theAgreement;

(c)

lands owned in fee simple other than lands owned by a MunicipalCorporation; and

(d)

mines and minerals, other than granular, quarry and construction materials.

PART 2

MUNICIPAL STATUS

14.2.1

Schedule 14-1 identifies those communities which, prior to the date of ratification of the Agreement have been afforded corporate municipal status under the applicable Territorial Government legislation.

PART 3

CONVEYANCE OF MUNICIPAL LANDS

14.3.1

As soon as practicable, and in any event no later than three years after the date of ratification of the Agreement, the Commissioner shall convey the fee simple estate to the Municipal Lands within the built-up area of the municipality to the Municipal Corporation. The built-up area shall include, but shall not be restricted to infrastructure requirements of the municipality including water reservoirs and facilities, community dump sites, sewage lagoons and treatment plants, borrow pits for granular, quarry and construction materials, and graveyards. Necessary remedial surveys of the built-up area shall be done expeditiously by the Territorial Government which shall be responsible for the cost thereof.

14.3.2

Subsequent to the conveyance of the fee simple estate of the built-up area of the municipality under Section 14.3.1, and upon the request of the Municipal Corporation, the fee simple estate to any or all legally surveyed portions of Municipal Lands shall be conveyed forthwith to the Municipal Corporation.

14.3.3

Any conveyance pursuant to Sections 14.3.1 or 14.3.2 shall be subject to third party interests existing at the time of conveyance.

PART 4

ADMINISTRATION OF MUNICIPAL LANDS

14.4.1

As of the date of the ratification of the Agreement, all Municipal Lands, the fee simple estate to which has not been conveyed to the Municipal Corporation, shall be administered and controlled by the Commissioner for the use and benefit of the municipality.

14.4.2

The Commissioner shall not create or dispose of any interest or estates in Municipal Lands without prior written permission of the Municipal Corporation, conditional or otherwise.

14.4.3

Notwithstanding Sections 14.4.1 and 14.4.2, following the date of ratification of the Agreement, and prior to the conveyance to the Municipal Corporation, the Commissioner may transfer administration and control of Municipal Lands to any Minister, agent, or servant of the Crown but subject to,

(a)

the approval of the Municipal Corporation, conditional or otherwise; or

(b)

the payment of compensation to the Municipal Corporation, on the same basis as if the transfer were an expropriation, and upon such transfer the lands shall cease to be Municipal Lands.

PART 5

ADMINISTRATION OF THE 100-FOOT STRIP

14.5.1

As of the date of ratification of the Agreement, the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) shall be administered and controlled by the Commissioner for the use and benefit of the municipality.

14.5.2

The Commissioner shall not:

(a)

permanently alienate all or any part of the 100 foot strip referred to inParagraph 14.1.1(b) (ii), or

(b)

create any interest in all or any part of the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) without prior written permission of the Municipal Corporation, conditional or otherwise.

14.5.3

Notwithstanding Sections 14.5.1 and 14.5.2, following the date of ratification of the Agreement, the Commissioner may transfer administration and control of any part of the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) to any Minister, agent, or servant of the Crown but subject to,

(a)

the approval of the Municipal Corporation, conditional or otherwise, or

(b)

the payment of compensation to the Municipal Corporation, on the same basis as if the transfer were an expropriation,

and upon such transfer the lands shall cease to be administered and controlled for the use and benefit of the municipality.

PART 6

MUNICIPAL BOUNDARIES

14.6.1

Nothing in this Article shall be construed so as to prevent the variance of a municipal boundary or the creation of a new municipality after the date of ratification of the Agreement. Such variance of a municipal boundary or creation of a new municipality shall not:

(a)

affect, in itself, the title to lands;

(b)

include Inuit Owned Lands without the written permission, conditional or otherwise, of a DIO; or

(c)

require amending the Agreement.

14.6.2

Any variance to an existing municipal boundary or creation of a boundary for a new municipality shall be drawn in such a way as to provide the municipality with sufficient lands based on current and future needs to encompass:

(a)

the projected expansion requirements of the community;

(b)

the community water supply;

(c)

the solid waste disposal areas;

(d)

resource areas sufficient to provide a supply of granular, quarry, and construction materials for the community;

(e)

existing or proposed community transportation and communication networks;

(f)

community airstrips and docking areas;

(g)

a necessary buffer area around the perimeter of the projected urban community to control development and discourage unorganized development;

(h)

areas contiguous to the community that are actively utilized by the community on a continuous or seasonal basis for recreational or other purposes and which have property development implications; and

(i)

areas unique to an individual community that may arise on a case-by-case basis and which may be required by a community in the conduct of its municipal responsibilities.

PART 7

RIGHT TO ACQUIRE SURPLUS GOVERNMENT LANDS

14.7.1

Where, after the date of ratification of the Agreement, Government determines that land within a municipal boundary held at the date of ratification of the Agreement, is no longer needed for government purposes, and such land has been declared to be surplus, Government shall convey the fee simple estate to the Municipal Corporation in exchange for nominal consideration.

PART 8

LIMITS ON ALIENATION OF MUNICIPAL LANDS

14.8.1

Between the first and second anniversary of the date of the ratification of the Agreement, the Territorial Government shall conduct a referendum within each municipality to determine whether a majority of the municipal voters are in favour of restricting alienation of Municipal Lands.

14.8.2

Where a majority of municipal voters choose by referendum to restrict alienation of Municipal Lands, the Municipal Corporation shall not sell, assign, or create any interest or rights in such lands that:

(a)

exceed 99 years in duration, including any period of renewal; or

(b)

arise more than 99 years in the future.

14.8.3

Prior to the conducting of the referendum referred to in Section 14.8.1, the restrictions referred to in Section 14.8.2 shall apply to Municipal Lands.

14.8.4

At any time after 20 years, the municipal voters may elect by referendum to remove the restriction on alienation.

14.8.5

Where a municipal plan is not in effect with respect to all or part of the Municipal Lands of a municipality, the Municipal Corporation shall not create any legal or equitable interest or estate in the land or otherwise allow development to proceed on the lands, without the prior written permission of the Commissioner.

PART 9

TEMPORARY TRANSFER OF ADMINISTRATION

14.9.1

A Municipal Corporation may at any time exchange undertakings or enter into agreements with the Commissioner whereby its administrative responsibilities over all or part of the Municipal Lands that it owns may be temporarily discharged by the Commissioner.

PART 10

ABANDONED MUNICIPALITIES

14.10.1

In the event that a Municipal Corporation no longer exists, its Municipal Lands are abandoned and its Municipal Lands are not required for government purposes the DIO shall have a right of first refusal:

(a)

to purchase the lands; or

(b)

at the election of the DIO, to exchange the lands for Inuit Owned Lands of comparable value; when Government and the DIO cannot agree on the lands to be exchanged, the matter shall be resolved pursuant to Article 38.

PART 11

EXPROPRIATION OF MUNICIPAL LANDS

14.11.1

Expropriation of Municipal Lands shall occur in accordance with laws of general application.

PART 12

NEW MUNICIPALITIES

14.12.1

This Article, with the exception of Section 14.2.1, shall apply to municipalities established subsequent to the date of ratification of the Agreement, and for this purpose, "the date of ratification of the Agreement" shall be deemed to be "the date of establishment of the municipality".

ARTICLE 15: MARINE AREAS

PART 1

PRINCIPLES

15.1.1

This Article recognizes and reflects the following principles:

(a)

Inuit are traditional and current users of certain marine areas, especially the land-fast ice zones;

(b)

the legal rights of Inuit in marine areas flowing from the Agreement are based on traditional and current use;

(c)

Canada's sovereignty over the waters of the arctic archipelago is supported byInuit use and occupancy;

(d)

Inuit harvest wildlife that might migrate beyond the marine areas;

(e)

an Inuit economy based in part on marine resources is both viable and desirable;

(f)

there is a need to develop and co-ordinate policies regarding the marine areas;and

(g)

there is a need for Inuit involvement in aspects of Arctic marine management, including research.

PART 2

APPLICATION

15.2.1

If a Park or Conservation Area is established and that Park or Conservation Area partially extends beyond the marine areas, Article 8 or 9, as the case requires, shall apply to that entire Park or Conservation Area.

15.2.2

Articles 5, 6, 8, 9, 11, 12, 23, 24, 25, 27, 33, and 34 shall apply to marine areas subject to any qualifications contained in those Articles.

15.2.3

There shall be no Inuit Owned Lands in marine areas.

PART 3

WILDLIFE MANAGEMENT AND HARVESTING BEYOND THE MARINE AREAS OF THE NUNAVUT SETTLEMENT AREA

15.3.1

Government will maintain a structure or structures to promote coordinated management of migratory marine species in Zones I and II and adjacent areas.

15.3.2

The NWMB shall appoint appropriate representation from the Nunavut SettlementArea to the structure or structures referred to in Section 15.3.1.

15.3.3

A structure or structures referred to in Section 15.3.1 shall not diminish the decision-making role of the NWMB within the marine areas of the Nunavut Settlement Area.

15.3.4

Government shall seek the advice of the NWMB with respect to any wildlife management decisions in Zones I and II which would affect the substance and value of Inuit harvesting rights and opportunities within the marine areas of the Nunavut Settlement Area. The NWMB shall provide relevant information to Government that would assist in wildlife management beyond the marine areas of the Nunavut Settlement Area.

15.3.5

Part 9 of Article 5 shall apply to any international or domestic interjurisdictional agreement relating to wildlife management applicable to Zones I and II.

15.3.6

The NWMB may identify wildlife research requirements and deficiencies, review research proposals and applications, and where appropriate recommend acceptance or rejection of such proposals or applications within Zones I and II and, in making any decision which affects Zones I and II, Government shall consider such recommendations.

15.3.7

Government recognizes the importance of the principles of adjacency and economic dependence of communities in the Nunavut Settlement Area on marine resources, and shall give special consideration to these factors when allocating commercial fishing licences within Zones I and II. Adjacency means adjacent to or within a reasonable geographic distance of the zone in question. The principles will be applied in such a way as to promote a fair distribution of licences between the residents of the Nunavut Settlement Area and the other residents of Canada and in a manner consistent with Canada's interjurisdictional obligations.

15.3.8

For greater certainty, nothing in this Article shall preclude Inuit access to wildlife for harvesting purposes in Zones I and II.

PART 4

MARINE MANAGEMENT

15.4.1

The NIRB, the NWB, the NPC, and the NWMB may jointly, as a Nunavut Marine Council, or severally advise and make recommendations to other government agencies regarding the marine areas, and Government shall consider such advice and recommendations in making decisions which affect marine areas.

PART 5

SAVING

15.5.1

This Article shall be interpreted in a manner consistent with Canada's sovereignty, sovereign rights and jurisdiction, and with Canada's international obligations.

ARTICLE 16: OUTER LAND FAST ICE ZONE – EAST BAFFIN COAST

PART 1

GENERAL

16.1.1

In the Outer Land Fast Ice Zone the following Articles shall apply, in a manner consistent with Canada's sovereignty, sovereign rights and jurisdiction, and with Canada's international obligations:

(a)

Article 5, with respect to;

(i)

all harvesting from land-fast ice, and

(ii)

all marine mammals in open waters; and

(b)

Articles 6, 11, 12 and 25.

16.1.2

In addition to the rights under Section 16.1.1, Inuit shall have the right to continue to use open waters in the Outer Land Fast Ice Zone for the purpose of harvesting, for domestic consumption, all species other than marine mammals. Inuit shall not need licences for such activities but shall be subject to all other management regulations imposed by appropriate government authorities consistent with Part 3 of Article 15.

16.1.3

Fisheries in the Outer Land Fast Ice Zone shall be managed so as not to deplete marine mammal populations.