ARTICLE 5: WILDLIFE

PART 1

GENERAL

5.1.1 - Definitions

In this Article:

"adjusted basic needs level" means the level of harvesting by Inuit identified in Sections 5.6.26 to 5.6.30;

"basic needs level" means the level of harvesting by Inuit identified in Sections 5.6.19 to 5.6.25;

"big game" means those species listed in Schedule 5-1;

"furbearers" means those species listed in Schedule 5-2;

"international agreement" means a wildlife agreement between the Government of Canada and one or more foreign states or associations of foreign states;

"marketing" means sale and other types of commercial disposition, in raw or processed form, but does not include retail disposition at a restaurant;

"migratory birds" means birds referred to in Schedule 5-3;

"naturalist lodge" means a facility catering primarily to the observation or study of natural or cultural features;

"non-quota limitation" means a limitation of any kind, except a total allowable harvest, and may include a limitation on season of harvest, sex of wildlife, size of wildlife, age of wildlife or method of harvest;

"Nunavut Wildlife Harvest Study" (Study) means the harvesting study identified in Part 4;

"other residents" means residents of the Nunavut Settlement Area other than Inuit;

"Region" means the Baffin Region, Keewatin Region or Kitikmeot Region;

"species" means any particular species or any distinct sub-group within a species such as a stock or population;

""sports lodge"" means a facility catering primarily to the sport harvesting of wildlife; ""Study"" means the Nunavut Wildlife Harvest Study;

"surplus" means the difference between the adjusted basic needs level and the total allowable harvest and, where there is no adjusted basic needs level, the difference between the basic needs level and total allowable harvest;

"total allowable harvest" for a stock or population means an amount of wildlife able to be lawfully harvested as established by the NWMB pursuant to Sections 5.6.16 to 5.6.18.

5.1.2 - Principles

This Article recognizes and reflects the following principles:

(a)

Inuit are traditional and current users of wildlife;

(b)

the legal rights of Inuit to harvest wildlife flow from their traditional and current use;

(c)

the Inuit population is steadily increasing;

(d)

a long-term, healthy, renewable resource economy is both viable and desirable;

(e)

there is a need for an effective system of wildlife management that complements Inuit harvesting rights and priorities, and recognizes Inuit systems of wildlife management that contribute to the conservation of wildlife and protection of wildlife habitat;

(f)

there is a need for systems of wildlife management and land management that provide optimum protection to the renewable resource economy;

(g)

the wildlife management system and the exercise of Inuit harvesting rights are governed by and subject to the principles of conservation;

(h)

there is a need for an effective role for Inuit in all aspects of wildlife management, including research; and

(i)

Government retains the ultimate responsibility for wildlife management.

5.1.3 - Objectives

This Article seeks to achieve the following objectives:

(a)

the creation of a system of harvesting rights, priorities and privileges that

(i)

reflects the traditional and current levels, patterns and character of Inuit harvesting,

(ii)

subject to availability, as determined by the application of the principles of conservation, and taking into account the likely and actual increase in the population of Inuit, confers on Inuit rights to harvest wildlife sufficient to meet their basic needs, as adjusted as circumstances warrant,

(iii)

gives DIOs priority in establishing and operating economic ventures with respect to harvesting, including sports and other commercial ventures,

(iv)

provides for harvesting privileges and allows for continued access by persons other than Inuit, particularly long-term residents, and

(v)

avoids unnecessary interference in the exercise of the rights, priorities and privileges to harvest;

(b)

the creation of a wildlife management system that

(i)

is governed by, and implements, principles of conservation,

(ii)

fully acknowledges and reflects the primary role of Inuit in wildlife harvesting,

(iii)

serves and promotes the long-term economic, social and cultural interests of Inuit harvesters,

(iv)

as far as practical, integrates the management of all species of wildlife,

(v)

invites public participation and promotes public confidence, particularly amongst Inuit, and

(vi)

enables and empowers the NWMB to make wildlife management decisions pertaining thereto.

5.1.4 - Conservation

The principles of conservation will be interpreted and applied giving full regard to the principles and objectives outlined in Sections 5.1.2 and 5.1.3 and the rights and obligations set out in this Article.

5.1.5

The principles of conservation are:

(a)

the maintenance of the natural balance of ecological systems within theNunavut Settlement Area;

(b)

the protection of wildlife habitat;

(c)

the maintenance of vital, healthy, wildlife populations capable of sustaining harvesting needs as defined in this Article; and

(d)

the restoration and revitalization of depleted populations of wildlife and wildlife habitat.

5.1.6 - General

The Government of Canada and Inuit recognize that there is a need for an effective role for Inuit in all aspects of wildlife management.

5.1.7 - Application

For greater certainty, none of the rights in this Article apply in respect of wildlife harvested outside the Nunavut Settlement Area.

PART 2

ESTABLISHMENT OF NUNAVUT WILDLIFE MANAGEMENT BOARD

5.2.1 - Membership

There is hereby established on the date of ratification of the Agreement an institution of public government to be known as the Nunavut Wildlife Management Board (NWMB) consisting of nine members to be appointed as follows:

(a)

each of four DIOs shall appoint one member;

(b)

the Governor in Council

(i)

on the advice of the Minister responsible for fish and marine mammals shall appoint one member to represent the public interest,

(ii)

on the advice of the Minister responsible for the Canadian WildlifeService shall appoint one member,

(iii)

on the advice of the Minister of Indian Affairs and Northern Development in consultation with the Commissioner-in-Executive Council shall appoint a third member ordinarily resident in the Nunavut Settlement Area;

(c)

the Commissioner-in-Executive Council shall appoint one member; and

(d)

from nominations provided by the NWMB, the Governor in Council shall appoint a chairperson.

5.2.2

Where a Minister nominates a member to the NWMB who is not a public servant, that Minister shall have the right to have an officer of the Minister's department attend all meetings of the NWMB as a non-voting observer.

5.2.3

Where a DIO appoints a member to the NWMB, that DIO shall have the right to have a technical advisor attend all meetings as a non-voting observer.

5.2.4

Each member shall be appointed to hold office during good behaviour for a term of four years. A member may be reappointed to office.

5.2.5

A member may be removed from office at any time for cause by the person appointing him or her.

5.2.6

Each member shall, before entering upon his or her duties as such, take and subscribe before an officer authorized by law to administer oaths an oath in the form set out in Schedule 5-4.

5.2.7

Rules relating to conflict of interest set out in specified federal and territorial laws shall apply to members, but no member who is an Inuk shall be considered biased solely because the member is an Inuk.

5.2.8

Where a vacancy occurs a replacement member may be appointed by the body that made the original appointment under Section 5.2.1.

5.2.9

All members of the NWMB except the chairperson shall have one vote, and the chairperson shall vote only in order to break a tie.

5.2.10

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

5.2.11

Each member may execute either a general or special proxy in favour of another member.

5.2.12 - Meetings

A vacancy in the membership of the NWMB does not impair the right of the remainder to act.

5.2.13

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

5.2.14

The NWMB shall meet at least twice a year, and may meet as often as it deems fit.

5.2.15

The chairperson shall convoke a meeting of the NWMB within 21 days of receipt from any four members of the NWMB of a written request indicating the purpose of such meeting.

5.2.16

The NWMB shall, whenever practicable, meet in the Nunavut Settlement Area.

5.2.17

The NWMB shall conduct its business in Inuktitut and, as required by legislation or policy, in Canada's official languages.

5.2.18

Five members physically present constitute a quorum, except that the NWMB may modify the requirement for being physically present through a by-law permitting use of teleconference or like facilities in circumstances of emergency.

5.2.19 - Costs

The cost of the NWMB shall be the responsibility of Government. The NWMBshall prepare an annual budget subject to review and approval by Government.

5.2.20

Each member shall be paid fair and reasonable remuneration for work on theNWMB.

5.2.21

Each member shall be entitled to be paid such travelling and living expenses incurred by him or her in the performance of his or her duties as are consistent with Treasury Board guidelines for travelling and living expenses of public servants.

5.2.22

The costs of each non-voting observer shall be borne by the person or organization sending that observer.

5.2.23 - By-laws

The NWMB may make by-laws and rules respecting:

(a)

the calling of meetings and sitting of the NWMB;

(b)

the conduct of business at meetings of the NWMB and the establishment of special and standing committees of the NWMB and the fixing of quorums for meetings;

(c)

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

(d)

the procedure for making applications, representations and complaints to theNWMB;

(e)

the procedure for collecting information and opinion, including the procedure and conduct of public hearings; and

(f)

generally, the manner of conducting any business before the NWMB.

5.2.24 - Officers and Employees

The officers and employees necessary for the proper conduct of business of theNWMB may be appointed and shall be remunerated by the NWMB.

5.2.25

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

5.2.26 - Hearings

The NWMB may hold public hearings into any issue requiring a decision on its part.

5.2.27

The NWMB may make rules distinguishing the roles reserved for full parties and roles reserved for other classes of persons at public hearings.

5.2.28

Any representative or agent of the Government of Canada or Territorial Government, any Inuk or any HTO or RWO shall be accorded the status of full party at a public hearing and the NWMB may, at its discretion and in conformity with its rules, determine whether any other person is accorded the status of full party for the purpose of any particular public hearing.

5.2.29

The NWMB may, in any application proceeding or matter of special importance pending before it, if in the opinion of the NWMB the public interest so requires, hire counsel to conduct or argue the case or any particular question arising in the application, proceeding or matter.

5.2.30

The NWMB shall have the same powers as commissioners appointed pursuant to Part I of the Inquiries Act, R.S.C. 1970, c.I-13, however, the NWMB may not subpoena Ministers of the Crown.

5.2.31 - Confidential Information

The NWMB shall in obtaining and disclosing information be subject to laws of general application relating to confidentiality of and access to information as if it were a government department.

5.2.32

Where Government has a discretion to disclose any information to the NWMB, or the NWMB 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.

5.2.33 - Powers, Duties and Functions

Recognizing that Government retains ultimate responsibility for wildlife management, the NWMB shall be the main instrument of wildlife management in the Nunavut Settlement Area and the main regulator of access to wildlife and have the primary responsibility in relation thereto in the manner described in the Agreement. Accordingly, the NWMB shall perform the following functions:

(a)

participating in research (Sections 5.2.37 to 5.2.38);

(b)

conducting the Nunavut Wildlife Harvest Study (Part 4);

(c)

rebutting presumptions as to need (Sections 5.6.5 to 5.6.11);

(d)

establishing, modifying or removing levels of total allowable harvest (Sections 5.6.16 to 5.6.18);

(e)

ascertaining the basic needs level (Sections 5.6.19 to 5.6.25); (f)adjusting the basic needs level (Sections 5.6.26 to 5.6.30);

(g)

allocating resources to other residents (Sections 5.6.32 to 5.6.37);

(h)

allocating resources to existing operations (Section 5.6.38);

(i)

dealing with priority applications (Section 5.6.39);

(j)

making recommendations as to allocation of the remaining surplus (Section5.6.40);

(k)

establishing, modifying or removing non-quota limitations (Sections 5.6.48 to 5.6.51);

(l)

setting trophy fees (Section 5.7.41); and

(m)

any other function the NWMB is required to perform by the Agreement and not specifically referred to in this Section.

5.2.34

In addition to its primary functions outlined in Section 5.2.33, the NWMB shall in its discretion perform the following functions related to management and protection of wildlife and wildlife habitat:

(a)

approve the establishment, disestablishment, and changes to boundaries of Conservation Areas, related to management and protection of wildlife and wildlife habitat;

(b)

identify wildlife management zones and areas of high biological productivity and provide recommendations to the NPC with respect to planning in those areas;

(c)

approve plans for management and protection of particular wildlife habitats including areas within Conservation Areas, Territorial Parks and National Parks;

(d)

approve plans for

(i)

management, classification, protection, restocking or propagation, cultivation or husbandry of particular wildlife, including endangered species,

(ii)

the regulation of imported non-indigenous species and the management of transplanted wildlife populations;

(e)

provide advice to departments, NIRB and other concerned agencies and appropriate persons regarding mitigation measures and compensation to be required from commercial and industrial developers who cause damage to wildlife habitat;

(f)

approve designation of rare, threatened and endangered species;

(g)

provide advice as to requirements for the promotion of wildlife education, information and training of Inuit for wildlife management;

(h)

establish qualifications respecting guides (Section 5.6.41); and

(i)

any other functions assigned to it by the Agreement not referred to in Section 5.2.33.

5.2.35

The NWMB may perform other activities relating to the management of wildlife in the Nunavut Settlement Area and to the regulation of access to wildlife in the Nunavut Settlement Area as agreed by the NWMB and Government.

5.2.36

While habitat management and protection is an integral function of wildlife management, and as such is commensurate with the NWMB's responsibilities for wildlife matters, primary responsibility for the management of lands, including flora, shall be exercised by the appropriate government agencies and such other related bodies as may be established in the Agreement.

5.2.37 - Research

There is a need for an effective system of wildlife management, and to be effective, the system of management requires an efficient, co-ordinated research effort. The NWMB in fulfilling its management functions requires an informed and effective role in wildlife research and its direction. The ability and right of the Government of Canada and Territorial Government to continue their own research functions shall not be prejudiced by this Section. Accordingly the NWMB shall:

(a)

identify research requirements and deficiencies pertinent to wildlife management and the rational utilization of wildlife resources, and promote and encourage on an ongoing basis, research aimed at meeting requirements and overcoming deficiencies;

(b)

identify relevant persons and agencies to undertake wildlife research;

(c)

review research proposals and applications, and where appropriate recommend on the acceptance or rejection of such proposals to the appropriate government agency;

(d)

collect, classify, and disseminate wildlife statistics and information and maintain a data base adequate for such purposes; and

(e)

carry out all other research functions consistent with its responsibilities.

5.2.38

Further to its responsibilities in Section 5.2.37, the NWMB shall:

(a)

establish and maintain an open file system for all raw and interpreted data and information regardless of its source;

(b)

promote and encourage training for Inuit in the various fields of wildlife research and management;

(c)

promote and encourage the employment of Inuit and Inuit organizations in research and technical positions made available through government and private sector research contracts; and

(d)

prior to the carrying out of research, communicate, consult and cooperate with residents of the Nunavut Settlement Area and DIOs likely to be affected.

5.2.39 - Liability of the NWMB

In discharging any duties or in exercising any powers in good faith, the NWMB shall not be liable to any person, whether natural or artificial, for any loss or damage howsoever occurring.

PART 3

DECISIONS

5.3.1 - Judicial Review

Judicial review of a decision of the NWMB shall be available on the grounds set out in Paragraphs 28(1)(a) or (b) of the Federal Court Act, RSC 1985, c.F-7, at the motion of a person personally aggrieved or materially affected by the decision.

5.3.2

Except as provided for in Section 5.3.1, no decision, order or direction of the NWMB shall be questioned or reviewed in any court and no order shall be made or proceeding taken in any court whether by way of injunction, declaratory judgement, certiorari, mandamus, or prohibition or otherwise to question, review, prohibit or restrain the NWMB or any of its proceedings.

5.3.3 - Criteria for Decisions by NWMB and Minister

Decisions of the NWMB or a Minister made in relation to Part 6 shall restrict or limit Inuit harvesting only to the extent necessary:

(a)

to effect a valid conservation purpose;

(b)

to give effect to the allocation system outlined in this Article, to other provisions of this Article and to Article 40; or

(c)

to provide for public health or public safety.

5.3.4

Certain populations of wildlife found in the Nunavut Settlement Area cross jurisdictional boundaries and are harvested outside the Nunavut Settlement Area by persons resident elsewhere.Accordingly, the NWMB and Minister in exercising their responsibilities in relation to Part 6 shall take account of harvesting activities outside the Nunavut Settlement Area and the terms of domestic interjurisdictional agreements or international agreements pertaining to such wildlife.

5.3.5

Where a decision of the NWMB is made in relation to a presumption as to needs, adjusted basic needs level or Section 5.6.39, the Minister may reject or disallow that decision only if the Minister determines that the decision is not supported by or consistent with the evidence that was before the NWMB or available to it.

5.3.6

In making decisions affecting Parks, sanctuaries and Conservation Areas, the NWMB and the Minister shall take into account the special purposes and policies relating to those areas.

5.3.7 - Legal Effect of Decisions (Territorial Government Jurisdiction)

All decisions made by the NWMB in relation to Subsection 5.2.34(a), (c), (d) or (f) or any of Parts 4 to 6 or Article 40 and subject to territorial government jurisdiction shall be made in the manner set out in Sections 5.3.8 to 5.3.15.

5.3.8

When the NWMB makes a decision, it shall forward that decision to the Minister. The NWMB shall not make that decision public.

5.3.9

After receiving a decision of the NWMB pursuant to Section 5.3.8, the Minister may:

(a)

accept the decision; or

(b)

disallow the decision in accordance with Section 5.3.11.

5.3.10

Where the Minister accepts a decision of the NWMB or does not disallow that decision in accordance with Section 5.3.11, the Minister shall proceed forthwith to do all things necessary to implement that decision.

5.3.11

Where the Minister decides to disallow a decision of the NWMB:

(a)

the Minister must do so within 30 days of the date upon which the Minister received the decision or within such further period as may be agreed upon by the Minister and the NWMB; and

(b)

the Minister shall give the NWMB reasons in writing for deciding to disallow the decision.

5.3.12

Where the Minister disallows a decision of the NWMB pursuant to Section 5.3.11, the NWMB shall reconsider the decision in the light of the written reasons provided by the Minister and make a final decision, which it shall forward to the Minister. The NWMB may make that final decision public.

5.3.13

Subject to Section 5.3.14, after receiving a final decision of the Board made pursuant to Section 5.3.12, the Minister may:

(a)

accept the final decision;

(b)

disallow the final decision; or

(c)

vary the final decision.

5.3.14

Where a final decision of the NWMB is made in relation to a presumption as to needs, adjusted basic needs level or Section 5.6.39 and the Minister disallows the finaldecision,theMinistershallreferthefinaldecisiontothe Commissioner-in-Executive Council, who may:

(a)

accept the final decision;

(b)

reject the final decision; or

(c)

vary the final decision.

5.3.15

Where a final decision has been received by the Minister pursuant to Section 5.3.12 and the Minister or, where applicable, the Commissioner-in-Executive Council, decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision or the final decision as varied.

5.3.16 - Legal Effect of Decisions (Government of Canada Jurisdiction)

All decisions made by the NWMB in relation to Subsection 5.2.34(a), (c), (d) or (f) or any of Parts 4 to 6 or Article 40 and subject to government of Canada jurisdiction shall be made in the manner set out in Sections 5.3.17 to 5.3.23.

5.3.17

When the NWMB makes a decision, it shall forward that decision to the Minister. The NWMB shall not make that decision public.

5.3.18

After receiving a decision of the NWMB pursuant to Section 5.3.17 the Minister shall within 60 days or within such further period as may be agreed upon by the Minister and the NWMB:

(a)

accept the decision and notify the NWMB in writing; or

(b)

give the NWMB reasons in writing for rejecting the decision.

5.3.19

The Minister shall be deemed to have accepted the decision of the NWMB when:

(a)

the Minister has so notified the NWMB in writing; or

(b)

the Minister has not rejected the decision within the time period required pursuant to Section 5.3.18.

5.3.20

Where the Minister is deemed to have accepted a decision of the NWMB as provided in Section 5.3.19, the Minister shall proceed forthwith to do all things necessary to implement that decision.

5.3.21

Where the Minister rejects a decision of the NWMB pursuant to Section 5.3.18 the NWMB shall reconsider the decision in light of the written reasons provided by the Minister and make a final decision, which it shall forward to the Minister. The NWMB may make the final decision public.

5.3.22

After receiving a final decision of the NWMB made pursuant to Section 5.3.21, theMinister may:

(a)

accept the final decision;

(b)

reject the final decision; or

(c)

vary the final decision.

5.3.23

Where a final decision has been received by the Minister pursuant to Section 5.3.21 and the Minister decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision or the final decision as varied.

5.3.24 - Interim Decisions

When urgent and unusual circumstances require an immediate modification in harvesting activities, the Minister or the Minister's delegated agent may make and implement any reasonable interim decision. The NWMB shall conduct a full review as soon as practicable thereafter.

5.3.25 - Ministerial Management Initiative

Nothing in this Article will prevent a Minister, on the Minister's own initiative, from referring a management matter to the NWMB. Where a matter is referred, the NWMB shall deal expeditiously with it. The NWMB will respond to Ministerial initiatives with decisions in time to permit Ministers to meet their national and international obligations.

PART 4

NUNAVUT WILDLIFE HARVEST STUDY

5.4.1

A Nunavut Wildlife Harvest Study (Study) shall be undertaken in, and cover, each of the three Regions of the Nunavut Settlement Area. Terms of reference for the Study are set out in Schedule 5-5.

5.4.2

The Study shall begin in each of the three Regions on or before the first anniversary of the date of ratification of the Agreement. The Study shall be carried out under the direction of the NWMB.

5.4.2

Amended P.C. 1995-2/700 April 26, 1995

The Study shall begin in each of the three Regions on or before January 1, 1996. The Study shall be carried out under the direction of the NWMB.

5.4.3

The research, data collection and fieldwork associated with the Study shall be designed to promote maximum harvester participation and shall be contracted to an appropriate DIO, and supervised by the NWMB.

5.4.4

The Study shall be undertaken over a period of five years, and shall be fully funded by Government. The NWMB shall prepare a budget for the Study which will be subject to review by Government.

5.4.5

The purpose of the Study shall be to furnish data, to establish current harvesting levels, to assist the NWMB in establishing levels of total allowable harvest and, in general, to contribute to the sound management and rational utilization of wildlife resources in the Nunavut Settlement Area. To this end, the Study shall:

(a)

document the levels and patterns of Inuit use of wildlife resources for the purpose of determining the basic needs level; and

(b)

gather, review and analyse existing biological, ecological and harvest data pertinent to the management of wildlife in the Nunavut Settlement Area.

5.4.6

Raw and interpreted data produced from the Study shall be fully and freely available to the Government of Canada, the Territorial Government and Inuit.

5.4.7

The NWMB shall ensure that the names of individual harvesters are not revealed when making available data pursuant to Section 5.4.6.

5.4.8

Without the prior written permission of the DIO and affected individuals, evidence obtained through the Study relating to an individual shall not be admissible in any proceeding where the individual may be held civilly or criminally liable.

5.4.9

The NWMB shall report annually on the progress of the Study. Upon completion of the Study, the NWMB shall publish a comprehensive summary of the findings of the research.

PART 5

INUIT BOWHEAD KNOWLEDGE STUDY

5.5.1

Commercial harvesting of bowhead whales earlier this century by non-Inuit greatly reduced the stocks of bowhead whales found in the Nunavut Settlement Area. Government acknowledges that Inuit view that, following the cessation of commercial harvesting, stocks of bowhead whales in the Nunavut Settlement Area have increased in recent decades as a result, in part, of Inuit voluntarily curtailing their harvesting practices to allow the recovery of the bowhead whale population.

5.5.2

The NWMB shall conduct an Inuit knowledge study to record sightings, location and concentrations of bowhead whales in the Nunavut Settlement Area. The study shall be completed within five years of the date of ratification of the Agreement. The amount of $500,000 shall be included in the NWMB budget for this study.

PART 6

HARVESTING

5.6.1 - Inuit Rights to Harvest

Where a total allowable harvest for a stock or population of wildlife has not been established by the NWMB pursuant to Sections 5.6.16 and 5.6.17, an Inuk shall have the right to harvest that stock or population in the Nunavut Settlement Area up to the full level of his or her economic, social, and cultural needs, subject to the terms of this Article.

5.6.2

For the purpose of Section 5.6.1, full level of needs means full level of harvest.

5.6.3

Where a total allowable harvest for a stock or population of wildlife has been established by the NWMB pursuant to Sections 5.6.16 to 5.6.18, an Inuk shall have the right to harvest that species in accordance with the terms of this Article.

5.6.4

Any restriction or quota on the amount of wildlife that may be harvested that is in force immediately prior to the date of ratification of the Agreement shall be deemed to have been established by the NWMB, and shall remain in effect until removed or otherwise modified by the Board in accordance with this Article.

5.6.5 - Presumptions as to Needs

Subject to Section 5.6.6, the NWMB shall presume as a matter of fact and without further evidence that Inuit need the total allowable harvest established by the NWMB of:

(a)

all bears;

(b)

musk-ox;

(c)

bowhead whales;

(d)

all migratory birds and their eggs except migratory game birds, as listed inPart I of Schedule 5-3, during the fall season, beginning every September 1;

(e)

all raptors, including owls; and

(f)

eiderdown from eider duck nests.

5.6.6

Except where unpredicted and extensive growth of a wildlife population dictates otherwise, the NWMB shall not examine a presumption set out in Section 5.6.5 for the purpose of rebuttal until 20 years after the date of ratification of the Agreement.

5.6.7

The NWMB may examine a presumption for the purpose of rebuttal after 20 years has expired and at intervals thereafter of not less than five years.

5.6.8

The NWMB shall not be under any obligation to examine a presumption for the purpose of rebuttal unless requested to do so by the appropriate Minister of the Government of Canada or Territorial Government, or by an HTO or RWO.

5.6.9

In assessing the economic, social and cultural needs of Inuit, the NWMB shall consider:

(a)

actual levels of harvest;

(b)

availability of and accessibility to wildlife; and

(c)

the general economic, social and cultural conditions and circumstances ofInuit.

5.6.10

In examining a presumption for the purpose of rebuttal, the NWMB shall treat each discrete population of wildlife on a case-by-case basis.

5.6.11

Presumptions as to need shall not be implemented so as, in themselves, to prevent government wildlife officers and researchers from harvesting wildlife for purposes of research or of predator or disease control, as approved by the NWMB.

5.6.12 - Furbearers

No person other than a person mentioned in Section 5.6.13 may harvest furbearers in the Nunavut Settlement Area.

5.6.13

Subject to the terms of this Article, the following persons, may harvest furbearers in the Nunavut Settlement Area, namely:

(a)

an Inuk;

(b)

a person who on October 27, 1981, held a valid General Hunting Licence, and who actually harvested furbearers in those areas in the Nunavut Settlement Area, where that person desires to continue to harvest furbearers after the date of the ratification of the Agreement, the burden of proving that the person qualifies under this Sub-section being on that person; and

(c)

a person whose application has been approved and recommended by an HTO of the place where the applicant desires to harvest furbearers, and subject to any terms and conditions imposed by the HTO.

5.6.14

Persons mentioned in Sub-sections 5.6.13(b) and (c) shall be subject to laws of general application.

5.6.15

For the purposes of Section 5.6.13, a General Hunting Licence held by a person who is not an Inuk is deemed to be a personal licence only, and is neither transferable nor heritable.

5.6.16 - Total Allowable Harvest

Subject to the terms of this Article, the NWMB shall have sole authority to establish, modify or remove, from time to time and as circumstances require, levels of total allowable harvest or harvesting in the Nunavut Settlement Area.

5.6.17

A total allowable harvest of a stock or population may be expressed in numbers, weight or any other method considered appropriate by the NWMB and shall be expressed:

(a)

in the case of a species ordinarily harvested by members of a single HTO, in terms of a community total allowable harvest, and

(b)

in the case of a species ordinarily harvested by members of more than oneHTO, in terms of a regional total allowable harvest.

5.6.18

By the first anniversary of the commencement of the study pursuant to Part 5, the NWMB shall establish a total allowable harvest for harvesting by Inuit in the Nunavut Settlement Area of at least one bowhead whale, subject to Sections 5.3.3 to 5.3.6 and considering the results of the study to date and other information as may be available to it. For greater certainty, the decision of the NWMB respecting the total allowable harvest is subject to Sections 5.3.16 to 5.3.23. Thereafter, the total allowable harvest shall be dealt with by the NWMB from time to time under Sections 5.6.16 and 5.6.17, considering the results of the study and other information as may become available.

5.6.19 - Basic Needs Level

Where a total allowable harvest has been determined by the NWMB in accordance with Sections 5.6.16 and 5.6.17, the NWMB shall strike a basic needs level in accordance with this Part.

5.6.20

The basic needs level shall constitute the first demand on the total allowable harvest. Where the total allowable harvest is equal to or less than the basic needs level, Inuit shall have the right to the entire total allowable harvest.

5.6.21

For each stock or population subject to a total allowable harvest at the commencement of the Study, the NWMB shall calculate a basic needs level according to either:

(a)

the aggregate of the greatest amount harvested in any one year during the study, and the average annual amount harvested over the five years of the Study, which aggregate is then divided by two; or

(b)

the amount harvested in any year during the Study that is nominated by an HTO at the conclusion of the Study, and the nominated year shall apply to all species subject to a total allowable harvest at the commencement of the Study.

5.6.22

In making a calculation under Section 5.6.21, the method described in Sub-section 5.6.21(a) shall be used unless an HTO elects within six months of the commencement of the Study to use the method described in Sub-section 5.6.21(b).

5.6.23

Where a total allowable harvest is established with respect to a stock or population not previously subject to a total allowable harvest, the NWMB shall calculate the basic needs level as the higher of:

(a)

an amount based on data from the original five year harvest Study, calculated according to the method described in Sub-section 5.6.21(a), or, where an HTO has previously elected the method described in Sub-section 5.6.21(b), the harvest level of the stock or population in the identified year; or

(b)

the aggregate of the greatest amount harvested in any one year during the five years prior to imposition of a total allowable harvest and the average annual amount taken over the five years of the Study, which aggregate is then divided by two.

5.6.24

In making any calculations under Sub-section 5.6.23(b), the NWMB shall rely on the best evidence available as to the levels of harvesting by Inuit in the five years prior to establishment of a total allowable harvest.

5.6.25

The NWMB shall establish the basic needs levels for beluga, narwhal and walrus within 12 months of the NWMB being established taking into account the fact that they are in short supply in some areas and therefore that the harvest by Inuit has been and is artificially low in relation to their needs and does not necessarily reflect their full level of needs.

5.6.25

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

The NWMB shall establish the basic needs levels for beluga, narwhal and walrus by March 31, 1997; taking into account the fact that they are in short supply in some areas and therefore that the harvest by Inuit has been and is artificially low in relation to their needs and does not necessarily reflect their full level of needs.

5.6.26 - Adjusted Basic Needs Level

The NWMB shall periodically review the basic needs level for each stock or population and determine whether an additional allocation is required to meet any or all of:

(a)

increased consumption or use by Inuit;

(b)

intersettlement trade; and

(c)

marketing for consumption or use in the Nunavut Settlement Area.

5.6.27

In reaching its decision, the NWMB shall take into consideration the following factors:

(a)

population growth and demographic change on a community and regional basis, including the establishment of new communities;

(b)

changing patterns of consumption, assignment and other uses including adjustments for intersettlement trade and marketing in the Nunavut Settlement Area;

(c)

the nutritional and cultural importance of wildlife to Inuit;

(d)

variations in availability of and accessibility to species other than the species under consideration; and

(e)

current use of wildlife for personal consumption by other residents in light of their length of residency.

5.6.28

Where review by the NWMB indicates that an adjustment is required, the NWMBshall set an adjusted basic needs level.

5.6.29

The adjusted basic needs level may expand up to the entire total allowable harvest. In any year the adjusted basic needs level may float upward or downward, but shall never fall below the basic needs level.

5.6.30

The NWMB shall conduct its review for various stocks or populations from time to time as requested by the appropriate Minister, by an HTO or RWO, or by a member of the NWMB.

5.6.31 - Surplus

The NWMB shall determine the allocation of the surplus in the following order and priority:

(a)

to provide for personal consumption by other residents as described inSections 5.6.32 to 5.6.37;

(b)

to provide for the continuation of existing sports and other commercial operations as described in Section 5.6.38;

(c)

to provide for economic ventures sponsored by HTOs and RWOs as described in Section 5.6.39; and

(d)

to provide for other uses as described in Section 5.6.40.

5.6.32 - Other Residents

From the surplus the NWMB shall first allocate a portion for personal consumption by other residents.

5.6.33

Personal consumption by other residents means consumption in the NunavutSettlement Area by other residents or by their dependents.

5.6.34

The allocation for other residents shall be up to 14% of the amount remaining after the allocation of the basic needs level.

5.6.35

In any year the NWMB may supplement the allocation to other residents for their personal consumption after the NWMB has satisfied the requirements of economic ventures sponsored by HTOs and RWOs as described in Section 5.6.39.

5.6.36

When the allocation for other residents is calculated, the terms of access to such allocation shall be determined and administered by the appropriate government agency.

5.6.37

Harvesting by a person other than an Inuk shall be subject to this Article and all laws of general application.

5.6.38 - Existing Sports and Other Commercial Operations

From the portion, if any, of the surplus remaining after the allocation to other residents, the NWMB shall allocate a portion adequate to sustain the continuation of sports and other commercial operations for which lawful authorization is still in existence at the time the surplus is being allocated.

5.6.39 - Priority Harvesting By Inuit Organizations

From the portion of the surplus after the allocation for existing sports and other commercial operations, the NWMB shall allocate resources to support the establishment and continued operation of viable economic ventures, including sports and all other forms of commercial ventures, designed to benefit Inuit. These ventures must be sponsored by HTOs and RWOs.

5.6.40 - Allocation of the Remainder

If any portion of the surplus remains, the NWMB shall allocate the remainder among commercial, commercial sports, recreational, or other uses, considering the various demands on the resource and the benefits that may accrue to the local economy.Any portion of the surplus allocated for commercial use will be governed by a limited entry system for commercial harvesting as described in Sections 5.6.45 to 5.6.47.

5.6.41 - Inuit Guides

A person other than an Inuk who harvests big game must:

(a)

hold a valid licence issued by the appropriate government agency; and

(b)

for at least two years following the acquisition of the licence, be accompanied by an Inuk approved as a guide by an HTO in accordance with any qualifications established by the NWMB.

5.6.42

The requirement for a guide referred to in Subsection 5.6.41(b) shall not apply where the HTO waives such requirement or where no guides are approved by an HTO.

5.6.43 - Moving into the Nunavut Settlement Area

Every Canadian citizen and permanent resident within the meaning of theImmigration Act who:

(a)

has been resident in the Nunavut Settlement Area for 18 months before the date of ratification of the Agreement, or

(b)

has been resident in other parts of the Northwest Territories for 18 months preceding the date of ratification of the Agreement and who becomes ordinarily resident in the Nunavut Settlement Area within five years of the date of ratification of the Agreement, shall be eligible for hunting and fishing privileges in the Nunavut Settlement Area without further residency requirement unless otherwise disqualified under laws of general application.

5.6.44 - General Hunting Licence Holders

Provision may have to be made for the persons mentioned in Sub-section 5.6.13(b) who may need to live off the land while harvesting furbearers. Accordingly, the NWMB shall make best efforts to accommodate this potential demand.

5.6.45 - Limited Entry System

In the allocation of commercial licences, preference will be given to:

(a)

an applicant who has made his principal residence in the Nunavut Settlement Area for at least 18 continuous months prior to the submission of his or her application and such residence must be real and not notional; and

(b)

applications which will likely provide direct benefits to the Nunavut Settlement Area economy, in particular through employment of local human and economic resources.

5.6.46

The limited entry system is not intended to exclude Inuit from applying for access to commercial opportunities, but Inuit shall have at least the same right to apply as all other persons who qualify and to have their applications considered on their merits.

5.6.47

A commercial licence issued under the limited entry system shall not exceed three years in length.

5.6.48 - Non-Quota Limitations

Subject to the terms of this Article, the NWMB shall have sole authority to establish, modify or remove, from time to time and as circumstances require, non-quota limitations on harvesting in the Nunavut Settlement Area.

5.6.49

The NWMB may distinguish between Inuit harvesters and other harvesters in establishing or removing non-quota limitations, but non-quota limitations for Inuit harvesters shall not be more severe than limitations for other harvesters.

5.6.50

Non-quota limitations established on Inuit shall not unduly or unreasonably constrain their harvesting activities.

5.6.51

Non-quota limitations on harvesting in force at the date of the ratification of the Agreement shall be deemed to have been established by the NWMB, and shall remain in effect until removed or otherwise modified by the Board in accordance with this Article.

5.6.52 - Emergency Kills

Notwithstanding anything else in this Article, a person may kill wildlife if it is necessary to preserve a human life or to protect that person's property.

5.6.53

Notwithstanding anything else in this Article, a person may kill and consume wildlife where it is necessary to prevent starvation.

5.6.54

Sections 5.6.52 and 5.6.53 shall not be construed as providing lawful excuse under any law of general application to a person who kills wildlife as a result of his or her mismanagement.

5.6.55

Valuable parts of wildlife killed under Sections 5.6.52 and 5.6.53 shall be disposed of by the NWMB to the appropriate RWO.

PART 7

SPECIAL FEATURES OF INUIT HARVESTING

Hunters and Trappers Organizations (HTOs) and Regional Wildlife Organizations (RWOs)

5.7.1

In addition to the functions given to the NWMB, the exercise of harvesting by Inuit shall be overseen by HTOs and RWOs.

5.7.2

Each community, and each outpost camp that prefers a separate organization, shall have an HTO. Membership in each HTO shall be open to all Inuit resident in a community.Each HTO may, by by-law, provide for classes of non-voting membership and privileges that flow therefrom, and may distinguish between persons who are Inuit by descent or custom, but who are not enroled under Article35 and other persons. Existing community Hunters and Trappers Associations may, subject to their adaptation to the provisions of this Article, act as HTOs. Two or more HTOs may join together for the purpose of discharging their functions over any or all species of wildlife on a joint basis.

5.7.3

The powers and functions of HTOs shall include the following:

(a)

the regulation of harvesting practices and techniques among members, including the use of non-quota limitations;

(b)

the allocation and enforcement of community basic needs levels and adjusted basic needs levels among members;

(c)

the assignment to non-members, with or without valuable consideration and conditions, of any portion of community basic needs levels and adjusted basic needs levels; and

(d)

generally, the management of harvesting among members.

5.7.4

Each Region shall have an RWO.The Kitikmeot Wildlife Federation, the Keewatin Wildlife Federation and the Baffin Region Hunters and Trappers Association may, subject to their adaption to the provisions of this Article, act as RWOs.

5.7.5

The board of directors of each RWO shall be made up of representatives from eachHTO in the Region.

5.7.6

The powers and functions of RWOs shall include:

(a)

the regulation of harvesting practices and techniques among the members ofHTOs in the region, including the use of non-quota limitations;

(b)

the allocation and enforcement of regional basic needs levels and adjusted basic needs levels among HTOs in the region;

(c)

the assignment to any person or body other than an HTO, with or without valuable consideration and conditions, of any portion of regional basic needs levels and adjusted basic needs levels; and

(d)

generally, the management of harvesting among the members of HTOs in the region.

5.7.7

Two or more RWOs may join together for the purpose of discharging their functions over any or all species of wildlife on a joint basis.

5.7.8

In conformity with this Article, each HTO and RWO shall develop and adopt by-laws guiding its operations.

5.7.9

Subject to Section 5.7.10, the NWMB, RWOs and HTOs shall develop guidelines indicating the extent to which each HTO shall be obliged to conform to by-laws and decisions of the RWO in its region.

5.7.10

Each HTO shall be obliged to conform to RWO by-laws and decisions in relation to allocation of regional basic needs levels and adjusted basic needs levels.

5.7.11

No by-law or decision of an HTO or RWO shall unreasonably prevent the individual Inuk from harvesting for the purpose of meeting the consumption needs of himself or herself and his or her dependents.

5.7.12

Every member of an HTO or RWO shall be subject to the by-laws of the organization. Each RWO and HTO shall develop its own by-laws, including by-laws to discipline its membership for violation of its by-laws.

5.7.13

Adequate funding for the operation of HTOs and RWOs shall be provided by theNWMB.

5.7.14

HTOs and RWOs shall not exercise their authority pursuant to Sub-section 5.7.3(a) or 5.7.6(a) in such a way as to conflict with any other regulations governing harvesting practices and techniques.

5.7.15 - Suits to Protect An Inuk's Interest

Where a right of action accrues to an Inuk, the HTO of which that Inuk is a member may, with the consent of that Inuk, sue on that Inuk's behalf.

5.7.16 - Right of Access by Inuit

Subject to Section 5.7.18, all Inuit shall have the free and unrestricted right of access for the purpose of harvesting to all lands, water and marine areas within the Nunavut Settlement Area, except the lands described in Section 5.7.17, and without limiting the generality of the foregoing, the said right of access shall extend to all Crown lands, including, for greater certainty, Parks and Conservation Areas, and, to all lands vested in a municipal corporation.

5.7.17 - Lands Not Subject to Right of Access

The rights of access granted by Section 5.7.16 shall not extend to:

(a)

lands that are

(i)

dedicated to military or national security purposes or being temporarily used for such purposes under the National Defence Act,

(ii)

owned in fee simple, other than by municipal corporations, at the date of ratification of the Agreement,

(iii)

granted in fee simple after the date of ratification of the Agreement, where such parcel of land is less than one square mile,

(iv)

subject to an agreement for sale at the date of ratification of theAgreement, or

(v)

subject to a surface lease current on October 27, 1981, and which lease has not been re-negotiated to provide for the right of access as contemplated and intended by Section 5.7.21; or

(b)

any place within a radius of one mile of any building, structure or other facility on lands under a surface lease, an agreement for sale or owned in fee simple.

5.7.18

The right of access granted by Section 5.7.16 is subject to:

(a)

laws of general application enacted for the purpose of public safety;

(b)

any restrictions established by the NWMB for the purpose of conservation;

(c)

in the case of Parks or Conservation Areas, any bilateral agreement between Inuit affected and the management agency of such Park or Conservation Area; and

(d)

any land use activity which has been authorized in accordance with any applicable requirements, including Articles 11 and 12, to the extent that the right of access is incompatible with that land use activity and for only as long as is necessary to permit that land use to be exercised.

5.7.19

In the event that an Inuk or a DIO disagrees with any interested party as to the incompatibility of harvesting activities with an authorized land use pursuant to Sub-section 5.7.18(d), the matter shall be resolved in accordance with Article 38.

5.7.20

In case of an inconsistency or conflict between measures taken pursuant to Sub- section 5.7.18(b) and (c), those measures taken under Sub-section (c) shall prevail to the extent of such inconsistency or conflict.

5.7.21 - Government Undertakings in Relation to Surface Leases

Where a surface lease of land in the Nunavut Settlement Area in existence on or before the date of ratification of the Agreement is, after the date of ratification of the Agreement,

(a)

to be renewed, or

(b)

to be transferred and Government consent is required,

Government shall insert in the renewed or transferred lease a condition to the following effect:

""This lease is subject to any rights of Inuit under their final land claims agreement to enter on to land in the Northwest Territories to pursue, capture, kill, or remove any wildlife, wildlife parts, or wildlife products therefrom; and the provision of any such agreement relating to the right of access shall form a part of this lease as if contained herein.""

5.7.22

The obligation set out in Section 5.7.21 shall not apply to any lease for an area which is less than one square mile, or where Government would incur legal liability were such condition to be inserted, and a certificate under the hand of the Deputy Minister of Justice shall be sufficient evidence of such fact. Government shall notify the DIO of all applications for and granting of surface leases.

5.7.23 - Restrictions on Right of Access and Harvesting

Any term of contract that attempts to limit rights of access of or harvesting by anInuk during the leisure hours of that employee shall be null and void against Inuit.

5.7.24

Restrictions, which have been enacted for the purpose of conservation, governing access by Inuit to Parks and Conservation Areas which are in effect at the date of ratification of the Agreement will remain in force until such time as they are removed or replaced by the NWMB subject to Part 3, or through a bilateral agreement between management agencies and the affected Inuit.

5.7.25 - Rights of Navigation

The right of access granted by Section 5.7.16 shall not impede the exercise of the rights of navigation.

5.7.26 - Licensing

Subject to the terms of this Article, an Inuk with proper identification may harvest up to his or her adjusted basic needs level without any form of licence or permit and without imposition of any form of tax or fee.

5.7.27

Pursuant to legislation governing commercial fishing, Inuit may be required to obtain a commercial licence from the appropriate management agency for the commercial harvest of those species of marine fish and shellfish not harvested commercially during the 12 months preceding October 27, 1981. Such licences shall not be unreasonably withheld or subject to an unreasonable fee.

5.7.28

Where any economic venture referred to in Section 5.6.39 has been approved in accordance with terms of this Article, a licence shall be issued forthwith by the appropriate Minister at a fair fee in accordance with the laws of general application.

5.7.29

Inuit may be required to obtain a licence from the responsible management agency for the harvest of those species of cetaceans not regularly harvested during the 12 months preceding October 27, 1981. Such licences shall not be unreasonably withheld or subject to an unreasonable fee.

5.7.30 - Disposition of Harvest

Subject to Sections 5.6.26 to 5.6.30 and 5.7.31 to 5.7.33, an Inuk shall have the right to dispose freely to any person any wildlife lawfully harvested. The right to dispose shall include the right to sell, barter, exchange and give, either inside or outside the Nunavut Settlement Area.

5.7.31

An Inuk may be required by the appropriate government agency to obtain a permit to transport wildlife outside the Nunavut Settlement Area. If such a permit is required, the federal or territorial government agency shall issue the permit upon demand, unless it has good cause for refusing, and the permit may contain terms and conditions as established by laws of general application. Unless the wildlife in question has been harvested from the surplus, any fee for such permit shall be waived.

5.7.32

Notwithstanding the right of free disposition in Section 5.7.30, the Freshwater Fish Marketing Corporation may have a role to play in the marketing of freshwater fish outside the Nunavut Settlement Area.Inuit are dissatisfied with the current operations of the Corporation. The NWMB shall be responsible for examining the concerns of Inuit and shall advise the Minister on appropriate remedial action.

5.7.33

Inuit are subject to laws of general application regarding the sale or offer for sale of any migratory bird, migratory bird's egg, or parts thereof.

5.7.34 - Assignment

Subject to Section 5.7.3 an Inuk, and subject to Section 5.7.6, an RWO or an HTOmay, except as provided for in Section 5.7.35:

(a)

assign the right to harvest to

(i)

an Inuk, or

(ii)

the spouse or person cohabiting as the spouse of an Inuk,

and in all such cases the assignment of the right to harvest shall of itself also carry with it that share of the total allowable harvest as stated in the assignment; and

(b)

assign part or all of his, her or its share of the total allowable harvest to a person qualified to harvest under laws of general application.

5.7.35

Notwithstanding anything in Section 5.7.34,

(a)

any future total allowable harvest for migratory birds and their eggs betweenMarch 10 and September 1 in any given year, and

(b)

the harvest authorized by Article II, Section 3 of the Schedule to theMigratory Birds Convention Act, R.S.C. 1985, c.M-7, shall not be assignable to persons mentioned in Sub-section 5.7.34(b), unless permitted by laws of general application.

5.7.36

Upon proof of a promise to assign under Sub-section 5.7.34(b), a licence shall not be unreasonably withheld from a promised assignee who is an Inuk, by descent or custom. Such licence shall be issued without charge.

5.7.37

An assignee referred to in Sub-section 5.7.34(a) shall be subject to the same restrictions as an assignor.

5.7.38

An assignment of a share of a total allowable harvest acquired under Section 5.6.39 or Sections 5.6.45 to 5.6.47 shall be subject to any terms or conditions under which access to the share was acquired.

5.7.39

No assignment by an Inuk of a right to harvest shall be for a term, including any option for renewal, exceeding one year. Any assignment for a term exceeding one year shall be void.

5.7.40

No assignment by an HTO or RWO of a right to harvest shall be for a term, including any option for renewal, exceeding three years. Any assignment for a term exceeding three years shall be void.

5.7.41

Any trophy fees levied on wildlife harvested in the Nunavut Settlement Area shall be set by the NWMB.

5.7.42 - Methods of Harvesting

An Inuk or assignee pursuant to Sub-section 5.7.34(a) may employ any type, method or technology to harvest pursuant to the terms of this Article that does not:

(a)

conflict with a non-quota limitation on type, method or technology of harvest established by the NWMB for a valid conservation purpose under Sections 5.6.48 to 5.6.51;

(b)

conflict with laws of general application regarding humane killing of wildlife, public safety and firearms control; or

(c)

result in harmful alteration to the environment.

5.7.43 - Provision of Information

Notwithstanding anything else in the Agreement, an Inuk may be obliged by the appropriate agency of Government to supply any information regarding harvesting activities or harvesting-related activities that laws of general application would require harvesters other than Inuit to supply in comparable circumstances.

5.7.44 - Enforcement

Any penalties imposed on Inuit with respect to harvesting in a manner contrary to the Agreement shall, as a general principle, be just and equitable, and shall not be more severe than those applicable to harvesters other than Inuit in comparable situations.

PART 8

RIGHTS OF FIRST REFUSAL AND TO USE GOVERNMENT LAND

5.8.1 - Sports and Naturalist Lodges

DIOs shall have the right of first refusal to establish new sports lodges and naturalist lodges in the Nunavut Settlement Area subject only to the following conditions:

(a)

Government is under no obligation to disclose any matter in an application which has been submitted on the faith of it being kept confidential;

(b)

all material environmental and economic information available to any government agency independent of the application itself but pertinent thereto shall be made available to a DIO exercising the right of first refusal;

(c)

generally, the procedures and time requirements conforming to current practice and, specifically, the steps set out in Schedule 5-6 shall be followed; and

(d)

if a DIO exercises a right of first refusal, but subsequently fails to establish a new sports lodge or naturalist lodge in accordance with Schedule 5-6 without just cause, the Minister may declare that its right of first refusal has lapsed; in such circumstances, the area may be made available to other applicants and the DIO shall not have a further right of refusal over such applicants, except at the discretion of the Minister.

5.8.2

Upon request, Government shall lease, at usual rent, adequate and suitable lands to DIOs as are reasonably necessary for the purpose of establishing and operating sports lodges and naturalist lodges.

5.8.3

All sports lodges and naturalist lodges referred to in Sections 5.8.1 and 5.8.2 shall be subject to laws of general application.

5.8.4 - Propagation, Cultivation and Husbandry

DIOs shall have the right of first refusal to establish and operate facilities, other than government facilities, for the purpose of indigenous wildlife and reindeer propagation, cultivation or husbandry. The conditions referred to in Sub-sections5.8.1(a), and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule 5-6 shall apply.

5.8.5

Upon request, Government shall make available to DIOs, at nominal cost, such lands as are adequate, suitable and reasonably necessary for the purpose of establishing and operating facilities for propagation, cultivation or husbandry of indigenous wildlife or reindeer. The lands may be granted in fee simple, under lease or by licence of occupation or in such other manner as to implement the intent of Section 5.8.4. and this Section.

5.8.6

All activities for the purpose of propagation, cultivation or husbandry of indigenous wildlife and reindeer referred to in Sections 5.8.4 and 5.8.5 shall be subject to laws of general application.

5.8.7 - Marketing of Wildlife in the Nunavut Settlement Area

DIOs shall have the right of first refusal to market wildlife, wildlife parts and wildlife products in the Nunavut Settlement Area. The conditions referred to in Sub-sections 5.8.1(a) and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule 5-6 shall apply.

5.8.8

All facilities for the marketing of wildlife, wildlife parts and wildlife products referred to in Section 5.8.7 shall be subject to laws of general application.

5.8.9 - Wildlife Parts and Products

DIOs shall have the right of first refusal to carry out any venture aimed at the commercial collection or processing of non-edible wildlife parts and wildlife products. The right of first refusal shall extend to non-edible wildlife parts and wildlife products available as a consequence of a kill or as recoverable in an inanimate form. The conditions referred to in Sub-sections 5.8.1(a) and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule5-6 shall apply.

5.8.10 - Transitional Provisions

The rights of first refusal referred to in Sections 5.8.4, 5.8.7 and 5.8.9 do not apply to ventures that exist at the date of ratification of the Agreement or to renewals thereof.

PART 9

INTERNATIONAL AND DOMESTIC INTERJURISDICTIONAL AGREEMENTS

5.9.1

Any legislation implementing an international or domestic interjurisdictional agreement shall be interpreted and administered to treat Inuit on at least as favourable a basis as any other aboriginal people in Canada.

5.9.2

The Government of Canada shall include Inuit representation in discussions leading to the formulation of government positions in relation to an international agreement relating to Inuit wildlife harvesting rights in the Nunavut Settlement Area, which discussions shall extend beyond those discussions generally available to non- governmental organizations.

5.9.3

Inuit representatives referred to in Section 5.9.2 shall be nominated by a DIO.

5.9.4

Subject to Section 5.9.1 all harvesting in the Nunavut Settlement Area shall be subject to legislation implementing those terms of an international agreement that were in existence at the date of ratification of the Agreement.

5.9.5

Government agrees that NWMB shall have a role in the negotiation or amendment of domestic interjurisdictional agreements commensurate with its status and responsibilities in the management of wildlife in the Nunavut Settlement Area.

ARTICLE 6: WILDLIFE COMPENSATION

PART 1

DEFINITIONS AND INTERPRETATION

6.1.1

In this Article:

"claimant" means Inuit or an Inuk;

"compensation" means monetary compensation including cash payment in a lump sum or by instalments, and also includes non-monetary compensation such as the cost of temporary or permanent relocation, replacement or repair of property, and reimbursement in kind, subject to conservation limits, or any combination thereof;

"developer" means any person engaged in development activity;

"development" means any commercial or industrial undertaking, any municipal, territorial, provincial or federal government undertaking or extension thereof, on land or water in the Nunavut Settlement Area and in Zones I and II but does not include:

(a)

marine transportation; or

(b)

any wildlife measure or use approved in accordance with Article 5;

"wildlife" does not include flora.

6.1.2

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

PART 2

APPLICATION

6.2.1

The wildlife compensation provisions in Articles 20 and 21 apply to damage which can be determined in advance. All other claims for wildlife compensation will be made through the provisions of this Article.

6.2.2

Subject to Section 6.2.3, this Article shall apply to marine transportation directly associated with any commercial or industrial or any municipal, territorial, provincial or federal government undertaking, or any extension thereof, on land or water in the Nunavut Settlement Area and in Zones I and II but does not apply to marine transportation not directly associated with such undertakings.

6.2.3

The Government of Canada shall specify a person, a fund, or both, capable of assuming the liability for marine transportation imposed under this Article by Section 6.2.2, and that specified person, or fund, or both, shall be considered to be a developer and that marine transportation shall be considered to be a development activity for the purpose of this Article.

6.2.4

In respect of commercial marine transportation through waters in the Nunavut Settlement Area and in Zones I and II, other than for marine transportation to which this Article applies pursuant to Section 6.2.2, Inuit will be entitled to wildlife compensation under laws of general application. Provision for such wildlife compensation under laws of general application in the Nunavut Settlement Area shall provide protection for Inuit on at least as favourable a basis as protection afforded to wildlife harvesters in other marine areas of Canada under laws of general application.

PART 3

GENERAL PRINCIPLE OF LIABILITY

6.3.1

A developer is liable absolutely, without proof of fault or negligence, for loss or damage suffered by a claimant as a result of its development activity within the Nunavut Settlement Area in respect of:

(a)

loss or damage to property or equipment used in wildlife harvesting or to wildlife reduced into possession;

(b)

present and future loss of income from wildlife harvesting; and

(c)

present and future loss of wildlife harvested for personal use by claimants.

6.3.2

A developer is not liable where that developer establishes that the loss or damage was wholly the result of an act of war, hostilities, civil war, insurrection, or natural phenomenon of an exceptional, inevitable and irresistible character.

6.3.3

Claimants shall make all reasonable attempts to mitigate against any loss or damage.

6.3.4

Legislation may provide for appropriate limits of liability of developers or the methods of setting such limits and shall also require proof of fiscal responsibility and may also provide for security deposits and any other matters not inconsistent with this Article.Recognizing Inuit concerns regarding collection of compensation, Government will give consideration to including enforcement mechanisms. Limits on liability will be set at levels sufficient to cover reasonably foreseeable damages in relation to various development activities.

PART 4

PROCEDURE FOR MAKING A CLAIM

6.4.1

A claimant, or a DIO or HTO on behalf of a claimant, shall make a claim for loss or damage in writing to the developer. If the claim is not settled within 30 days, the developer or the claimant, or a DIO or HTO on behalf of the claimant, may submit the claim to the Tribunal.

6.4.2

For the purposes of this Article only, a claimant may also bring before the Tribunal claims in respect of development activities in Zones I and II and the claim will be dealt with in accordance with this Article.

6.4.3

In hearing a claim, the Tribunal is not bound by strict rules of evidence and may take into account any material which it considers relevant. The Tribunal in hearing a claim shall give due weight to Inuit knowledge of wildlife and the environment and shall take into account the social, cultural and economic importance of wildlife to Inuit. The Tribunal may appoint experts and may call witnesses.

6.4.4

As a general principle, compensation shall not be a guaranteed annual income in perpetuity. A compensation award may be reviewed by the Tribunal at the request of either party to the hearing.

6.4.5

A claim must be made within three years of the date on which the loss or damage occurred, or within three years of the date on which the loss or damage became known to the claimant.

6.4.6

The Tribunal shall hear the case and determine liability and compensation. TheTribunal shall make a decision within 30 days of completing the hearing of a claim.

6.4.7

Recognizing that it is the intention that loss or damage suffered by a claimant should be minimized by expeditious processing of claims and payment of compensation, the Tribunal may:

(a)

deal with a claim in respect of loss or damage to property or equipment used in wildlife harvesting or to wildlife reduced into possession before proceeding to hear evidence on any other loss or damage;

(b)

require that interest be paid on monetary compensation at a rate set by theTribunal; and

(c)

provide for additional compensation to cover any additional loss or damage, and costs, including costs of collection, that may result from any delay in fulfilling the terms of a compensation decision.

6.4.8

At the request of a claimant, the Tribunal shall register the compensation decision in the superior court having jurisdiction over the Nunavut Settlement Area and the claimant may use that court to enforce the decision. The Tribunal may provide assistance in the enforcement of its decision.

6.4.9

When the Tribunal decides where to hold a hearing, the convenience of the claimant shall be a major factor.

6.4.10

When the Tribunal determines that loss or damage was caused by more than one developer, those developers shall be severally liable. The Tribunal shall apportion liability in accordance with generally accepted principles of statute and common law.

6.4.11

The expenses incurred by the Tribunal in determining claims under this Article shall not be borne by the claimant nor any DIO or HTO acting on behalf of a claimant. The costs incurred by an HTO acting on behalf of a claimant shall not be the responsibility of the NWMB.

PART 5

OTHER MATTERS

6.5.1

Where an IIBA includes wildlife compensation provisions, that agreement shall preclude the need to address wildlife compensation under Articles 20 and 21.

6.5.2

In negotiating an IIBA, or an agreement referred to in Section 6.6.2, the parties to such negotiations are not limited to the definition of loss or damage in this Article. Subject to this Section, for all other purposes of the Agreement, wildlife compensation shall be interpreted to mean compensation for that loss or damage referred to in Section 6.3.1.

PART 6

SAVINGS

6.6.1

The provisions of this Article are without prejudice to any other rights or remedies that the claimant may have under laws of general application with respect to loss or damage arising out of development activity. However, if the claim is referred to the Tribunal under Section 6.4.1, the decision of the Tribunal shall be conclusive in relation to all losses or damages described in Sub-sections 6.3.1(a), (b) and (c), subject only to review by the Federal Court of Appeal under Section 28 of the Federal Court Act, R.S.C. 1985, c.F-7. If a claim against a developer is dismissed, a claimant is not precluded from claiming the same loss or damage against a different developer.

6.6.2

Nothing in this or any other Article relating to wildlife compensation prevents Inuit and a developer from entering into a wildlife compensation agreement that would replace all other obligations in relation to wildlife compensation under this Agreement.

6.6.3

Nothing in this Article shall be construed as limiting or restricting any right of recourse that a developer who is liable under Part 3 may have against any person other than the claimant.

ARTICLE 7: OUTPOST CAMPS

PART 1

DEFINITIONS AND INTERPRETATION

7.1.1

In this Article:

"outpost camp" means a camp occupied by families or other groups of Inuit who occupy the particular location on a temporary, seasonal, intermittent, semi-permanent or a year round basis for the purposes of wildlife harvesting and the associated use and enjoyment of lands, and includes

(a)

the residential base, and

(b)

the surface lands on which the residential base rests and the surface of lands within a distance of two kilometres from the centre of the residential base,

but does not include any randomly occupied locations used only for periods of several days or weeks.

7.1.2

This Article shall be interpreted so as to be consistent with Article 5.

PART 2

CROWN LANDS AVAILABLE FOR OUTPOST CAMPS

7.2.1

Inuit may, subject to the terms of the Agreement, continue to occupy outpost camps.

7.2.2

From the date of ratification of the Agreement, Inuit may, subject to the exceptions mentioned in Sections 7.2.3 and 7.2.4, and also subject to the approval of the appropriate HTO or HTOs, establish and occupy new outpost camps in any lands in the Nunavut Settlement Area where Inuit enjoy a general right of access for the purpose of wildlife harvesting as granted by Section 5.7.16. The approval of the appropriate HTO or HTOs shall not be unreasonably withheld.

7.2.3

Outpost camps shall not be established on lands:

(a)

that are held in fee simple and are not Inuit Owned Lands or lands owned by a Municipal Corporation;

(b)

that are held under surface lease; or

(c)

that are within the municipal boundaries, without the approval of the Municipal Corporation, provided that such approval shall not be unreasonably withheld.

7.2.4

Inuit may establish outpost camps in Parks and Conservation Areas, except where the establishment of such camps is inconsistent with the requirements of the Park or Conservation Area management plan required in Sections 8.4.13 and 9.3.7. Site locations shall be determined as provided by an IIBA between the DIO and the appropriate management agency.

PART 3

TENURE OF OUTPOST CAMPS

7.3.1

Inuit shall occupy the outpost camps referred to in Sections 7.2.1 and 7.2.2 as tenants-at-will.

7.3.2

A tenancy-at-will shall continue until Inuit occupants receive notice from Government of an intention to make use of the lands so occupied for purposes that would be inconsistent with the presence of the camp, or would remove the lands from the general right of access by Inuit for wildlife harvesting as granted by Section 5.7.16.Upon receipt of written notice, the occupants shall have a reasonable period of time within which to remove their possessions.

7.3.3

Where Inuit notify Government of their actual or intended occupation of an outpost camp and where Government does not identify in writing any use or interest that would be inconsistent in the immediate future with the presence of the camp, Inuit may, notwithstanding anything in Section 7.3.2, continue to occupy the camp until one year after Government has given notice in writing of an intention to make use of the lands.

PART 4

GOVERNMENT TO MAKE LANDS AVAILABLE

7.4.1

Upon request by potential occupiers of outpost camps or by a DIO on their behalf, governmental owners of lands in the Nunavut Settlement Area shall make available such lands as are adequate, suitable and reasonably necessary for the purpose of establishing outpost camps. The lands may be provided under lease or by licence of occupation or in such other manner as to implement the intent of this section. The term shall be for five years or such longer period as may be reasonable. Renewal of a lease, upon request by the occupiers or by the DIO on their behalf, shall not be unreasonably withheld. Where an outpost camp is requested for establishment in Parks and Conservation Areas, Section 7.2.4 will apply.

PART 5

GENERAL RIGHTS

7.5.1

Inuit occupying or establishing outpost camps shall not be liable to pay any fee, levy, rent or like tax for the purpose of such occupation or establishment, associated with the purposes of wildlife harvesting.

7.5.2

The holders of rights in the subsurface of lands occupied as outpost camps shall enjoy the same rights of access as are available to subsurface rights holders through common law or statute.

7.5.3

As a general principle, the internal operation and management of outpost camps shall be left to the discretion of Inuit occupying the camp.

PART 6

OTHER MATTERS

7.6.1

Organizations and agencies responsible for the management of wildlife, lands, resources or the offshore as provided for in the Agreement or legislation shall endeavor to protect the interests and well-being of Inuit occupying outpost camps.

7.6.2

Nothing in the Agreement shall prevent outpost camps from becoming communities or municipalities.

7.6.3

Inuit may establish, subject to Section 7.2.4, outpost camps on archaeological sites. The Trust may develop policy guidelines for the use and occupation of archaeological sites. The Trust may put in place terms and conditions regarding the use and occupation of a site or sites.

ARTICLE 8: PARKS

PART 1

DEFINITIONS

8.1.1

In this Article:

"National Park Natural Regions" means the terrestrial natural regions as described in National Parks System Plan 1990 published by Environment Canada;

"Zone I - Special Preservation" means specific areas or features which deserve special preservation because they contain or support unique, rare or endangered features or the best examples of natural features;

"Zone II - Wilderness" means extensive areas which are good representations of each natural history themes of the Park and which will be maintained in a wilderness state.

PART 2

NATIONAL PARKS

8.2.1 - General Desirability

It is desirable to establish National Parks in National Parks Natural Regions 39, 38, 37, 36, 28, 26, 25, 17, 16 and 15. The Canadian Parks Service shall work with the DIO, affected communities, and the Territorial Government to establish National Parks required by the Government of Canada in the Nunavut Settlement Area to complete representation of those National Park Natural Regions, recognizing that only National Park Natural Regions 39, 37 and 26 lie exclusively within the Nunavut Settlement Area.

8.2.2 - Auyuittuq National Park

Auyuittuq National Park Reserve shall become a National Park on the first anniversary of the conclusion of an IIBA pursuant to Section 8.4.4 unless it has been established at an earlier date. The Parties commit themselves to negotiate and to conclude an IIBA for Auyuittuq National Park within two years of the date of ratification of the Agreement. The boundaries of Auyuittuq National Park on the date of establishment and the boundaries of Auyuittuq National Park Reserve on the date of ratification shall be as defined in Schedule 8-1.

8.2.2

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

Auyuittuq National Park Reserve shall become a National Park on the first anniversary of the conclusion of an IIBA pursuant to Section 8.4.4 unless it has been established at an earlier date. The Parties commit themselves to negotiate and to conclude an IIBA for Auyuittuq National Park by July 9, 1997. The boundaries of Auyuittuq National Park on the date of establishment and the boundaries of Auyuittuq National Park Reserve on the date of ratification shall be as defined in Schedule 8-1.

8.2.3 - National Park - Ellesmere Island

Ellesmere Island National Park Reserve shall become a National Park on the first anniversary of the conclusion of an IIBA pursuant to Section 8.4.4, unless it has been established at an earlier date. The Parties commit themselves to negotiate and to conclude an IIBA for this National Park within two years of the date of ratification of the Agreement. The boundaries of this National Park on the date of establishment shall be as defined in Schedule 8-2.

8.2.3

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

Ellesmere National Park Reserve shall become a National Park on the first anniversary of the conclusion of an IIBA pursuant to Section 8.4.4 unless it has been established at an earlier date. The Parties commit themselves to negotiate and to conclude an IIBA for this National Park by July 9, 1997. The boundaries of this National Park shall be defined in Schedule 8-2.

8.2.4 - National Park - North Baffin

The area withdrawn by Order-In-Council P.C. 1992 - 345 dated 27 February 1992 for a National Park in North Baffin shall become a National Park on the first anniversary of the conclusion of an IIBA pursuant to Section 8.4.4 unless it has been established at an earlier date. The Parties commit themselves to negotiate and to conclude an IIBA for this National Park within three years of the date of ratification of the Agreement. The boundaries of this National Park on the date of establishment shall be as defined in that Order in Council unless otherwise agreed to by the Government of Canada and the DIO.

8.2.5 - National Park Proposal - Wager Bay

Recognizing that the parcels of Inuit Owned Lands RE-31/56H and RE-32/56H may lie within the boundaries that may be proposed for a National Park on Wager Bay, Government and the DIO shall consider possible exchanges of some of those lands for other lands during the consultation process leading to a decision on Park establishment. Any lands acquired by the DIO in such an exchange shall have the status of Inuit Owned Lands and any lands relinquished shall cease to be Inuit Owned Lands.

8.2.6 - Changes to National Parks

Where the Government of Canada at any time intends to redraw the boundaries of a National Park, or otherwise act, so as to remove lands from a National Park, it shall:

(a)

first conduct an extensive process of public consultation; and

(b)

offer the lands to the DIO

(i)

at a favourable price where the Government of Canada intends to dispose of the land, or

(ii)

at the election of the DIO, in exchange for a comparable amount of Inuit Owned Lands; but this election shall not apply in circumstances where the Government of Canada intends to remove the lands from National Park status solely for the purpose of establishing its own facilities or operations on the lands in question.

8.2.7

Sub-section 8.2.6(b) shall not apply to marine areas within National Parks.

8.2.8 - Park Management

Subject to provisions of an IIBA in relation to a National Park, each National Park in the Nunavut Settlement Area shall contain a predominant proportion of Zone I - Special Preservation and Zone II - Wilderness.

8.2.9

The establishment of new National Parks in the Nunavut Settlement Area after the date of the ratification of the Agreement shall be subject to Articles 11 and 12, but those Articles shall not apply to the Auyuittuq, Ellesmere Island or North Baffin National Parks.

8.2.10

Article 11 shall not apply to or within the boundaries of National Parks, once established.

8.2.11

Article 12 shall apply to project proposals in the National Parks.

8.2.12

Water use in the National Parks shall be regulated in accordance with park management plans and laws of general application. The jurisdiction of the NWB within National Parks shall be determined in relevant legislation. Where water use in National Parks affects Inuit water rights in Inuit Owned Lands, Inuit shall be entitled to compensation as set out in Article 20 or in relevant IIBAs.

PART 3

TERRITORIAL PARKS

8.3.1 - General Desirability

It is generally desirable to establish Territorial Parks in the Nunavut SettlementArea.

8.3.2

Where the Territorial Government at any time intends to re-draw the boundaries of a Territorial Park, or otherwise act, so as to remove lands from a Territorial Park, it shall:

(a)

first conduct an extensive process of public consultation; and

(b)

offer the lands to a DIO

(i)

at a favourable price where the Territorial Government intends to dispose of the lands, or

(ii)

at the election of the DIO, in exchange for a comparable amount of Inuit Owned Lands; but this election shall not apply in circumstances where the Territorial Government intends to remove the lands from Territorial Parks status solely for the purpose of establishing its own facilities or operations on the lands in question.

8.3.3

Subsection 8.3.2(b) shall not apply to marine areas within Territorial Parks.

8.3.4 - Involvement of Inuit - Generally

The territorial government and Inuit agree to the general desirability of involving Inuit, and other local residents, in the planning and management of Territorial Parks in the Nunavut Settlement Area. Accordingly, in addition to all other rights and benefits of these provisions, Inuit and other local residents of the Nunavut Settlement Area shall be involved in the planning and management of Territorial Parks in the Nunavut Settlement Area.

8.3.5 - Parks Management

The establishment of new Territorial Parks in the Nunavut Settlement Area after the date of the ratification of the Agreement shall be subject to Articles 11 and 12.

8.3.6

Article 11 shall not apply to or within the boundaries of Territorial Parks once they have been established.

8.3.7

Article 12 shall apply to project proposals in Territorial Parks.

8.3.8

Articles 13 and 20 shall apply to waters in Territorial Parks in the NunavutSettlement Area.

8.3.9

When the Territorial Government and the affected DIOs agree, they may negotiate Inuit participation in the planning and management of Territorial Parks on a Regional or by a Territorial Park category basis.

8.3.10 - Proposed Katannilik Territorial Park

In the event that the proposed Katannilik Territorial Park is established prior to the date of the ratification of the Agreement so as to enclose the Inuit Owned Lands Parcel LH-5/25K, such establishment shall in no way limit the rights of access flowing to the DIO, as a consequence of its ownership of the minerals, at common law and as recognized by the Agreement, but the rights of access are subject to any conditions in an IIBA respecting the protection of the environment and the integrity of the Park.

8.3.11

In the event that the proposed Katannilik Territorial Park is not established prior to the date of ratification of the Agreement, the DIO shall have the right to acquire, as Inuit Owned Lands in the form described in Sub-section 19.2.1(b), any or all of Inuit Lands Identification Parcels LH-25K-O1, LH-25K-O1(SSO1) and LH-25N- O1 as shown on the two maps titled Inuit Lands Identification Parcels on deposit with the registrar in exchange for an equal amount of Inuit Owned Lands within the South Baffin Land Use Region as defined in Schedule 19-3.

PART 4

GENERAL PROVISIONS APPLICABLE TO BOTH NATIONAL PARKS AND TERRITORIAL PARKS

8.4.1 - Generally

This Part shall apply to National Parks established by the Government of Canada and Territorial Parks established by the Territorial Government.

8.4.2 - Inuit Impact and Benefit Agreements (IIBAs)

No Park shall be established in the Nunavut Settlement Area until the obligations set out in Sections 8.4.4 and 8.4.5 have been complied with.

8.4.3

Where the Government of Canada, the Territorial Government and the DIO are agreeable, the Territorial Government may be made a party to the negotiation and conclusion of an IIBA pertaining to a National Park.

8.4.4

Prior to the establishment of a Park in the Nunavut Settlement Area, the Government responsible for the establishment of the Park, and in the case of the Government of Canada, the Canadian Parks Service in concert with other affected federal government agencies, and a DIO shall negotiate, in good faith, for the purpose of concluding an IIBA. An IIBA negotiated under this Article shall include any matter connected with the proposed park that would have a detrimental impact on Inuit, or that could reasonably confer a benefit on Inuit either on a Nunavut-wide, regional or local basis. In particular, but without limiting the generality of the foregoing, the matters identified in Schedule 8-3 shall be considered appropriate for negotiation and inclusion within an IIBA in relation to a Park.

8.4.5

If the Government responsible for the establishment of the Park and the DIO cannot agree on the terms of an IIBA in a reasonable period of time, they shall select a conciliator who shall submit a report to the Minister, for his consideration and decision. The obligation to conclude an IIBA with respect to any proposed Park, shall endure only as long as the other party is acting in good faith and reasonably. This Section shall not derogate from the requirement of Sections 8.4.11 to 8.4.14.

8.4.6

With respect to Territorial Parks that have been established prior to and continue to exist at the date of ratification of the Agreement, the Territorial Government and DIO are obligated to conclude an IIBA prior to the fifth anniversary of the date of ratification of the Agreement.

8.4.7

Except where an IIBA in good standing indicates otherwise, every agreement shall be re-negotiated at least every seven years.

8.4.8 - Other Inuit Economic Benefits

Where Government intends to contract for the establishment, operation or maintenance of park facilities in the Nunavut Settlement Area, Government shall:

(a)

give preferential treatment to qualified Inuit contractors where Government proposes to tender such contracts; and

(b)

ensure that all contractors give preferential treatment to Inuit.

8.4.9

A DIO shall have the right of first refusal to operate all business opportunities and ventures that are contracted out with respect to Parks in the Nunavut Settlement Area. Upon request, Government shall make available to a DIO all reports and other materials in its possession relevant to the analysis of the economic feasibility of business opportunities and ventures in Parks in the Nunavut Settlement Area.

8.4.10

Sections 8.4.8 and 8.4.9 shall not restrict the provisions of an IIBA in relation to a proposed Park in the Nunavut Settlement Area that deals with economic benefits for Inuit.

8.4.11 - Management

A joint Inuit/Government parks planning and management committee ("the Committee") shall be established through an IIBA when requested either by Government or a DIO. The Committee shall consist of equal numbers of members appointed by the appropriate DIO and the appropriate territorial or federal Minister responsible for Parks. There shall be separate committees for Territorial and National Parks.

8.4.12

The Committee may advise the Minister or the Minister's designate, the NWMB, or other agencies, as it deems appropriate, on all matters related to park management.

8.4.13

Management plans for Parks shall be developed within five years of the establishment of a Park or of the date of ratification of the Agreement, whichever is the later date, by the Canadian Parks Service for National Parks and by the Territorial Government for Territorial Parks. Such plans shall be based on the recommendations of the Committee, where such a Committee is established, taking into account the recommendations of other interested persons or bodies. Upon review by the Committee, Park management plans shall be forwarded to the Minister for consideration and approval. Park management plans shall be reviewed and may be revised as provided in the plan.

8.4.14

Management plans for Parks shall accord with or be revised to accord with relevant terms and conditions of the appropriate IIBA.

8.4.15 - Inuit Access

In addition to any other rights of access and use enjoyed by or flowing to Inuit, Inuit have entry at no cost into Parks.

8.4.16 - Information

Government shall make available Inuktitut translations of its publications that are aimed at informing the Canadian public about Parks in the Nunavut Settlement Area, and any information disseminated or communicated to the public within any Parks in the Nunavut Settlement Area shall be equally prominent in one or more of Canada's official languages and in Inuktitut.

8.4.17 - New Parks

The establishment, after the date of ratification of the Agreement, of Parks not identified in a Schedule to this Article, as well as the expansion of a Park, shall be subject to the provisions dealing with the negotiation of an IIBA and other provisions providing Inuit with an opportunity to secure benefits from the establishment, planning and management of Parks in the Nunavut Settlement Area.

8.4.18 - Dedication

Appropriate recognition shall be made of Inuit history and presence as part of the process of the establishment and operation of a Park.

8.4.19 - Interpretation

In the event of a conflict between this Article and Article 5, Article 5 shall prevail.

ARTICLE 9: CONSERVATION AREAS

PART 1

DEFINITION

9.1.1

In this Article:

"Conservation Area" means any Conservation Area in existence at the date of ratification of the Agreement listed in Schedule 9-1, and any of the following areas when established under legislation;

(a)

National Wildlife Areas;

(b)

Migratory Bird Sanctuaries;

(c)

International Biological Program Ecological Sites/Ecological Areas;

(d)

Man and the Biosphere Reserves;

(e)

World Heritage Convention/Natural and Cultural Sites;

(f)

Wildlife Sanctuaries;

(g)

Critical Wildlife Areas;

(h)

National Historic Sites;

(i)

National Historic Parks;

(j)

Wetlands of International Importance for Waterfowl (Ramsar);

(k)

Canadian Landmarks;

(l)

Canadian Heritage Rivers;

(m)

Historic Places; and

(n)

other areas of particular significance for ecological, cultural, archaeological, research and similar reasons.

PART 2

GENERAL

9.2.1

In addition to Parks, other areas that are of particular significance for ecological, cultural, archaeological, research and similar reasons, require special protection. Inuit shall enjoy special rights and benefits with respect to these areas.

PART 3

CONSERVATION AND MANAGEMENT

9.3.1

Government, in consultation with Inuit, shall conduct a study to determine the need for new legislation or amendments to existing legislation to designate and manage Conservation Areas in terrestrial and marine environment in the Nunavut Settlement Area. This study shall be completed and published by Government within two years of the date of ratification of the Agreement.

9.3.2

The establishment, disestablishment or changing of the boundaries of Conservation Areas related to management and protection of wildlife and wildlife habitat shall be subject to the approval of the NWMB pursuant to Sub-section 5.2.34(a). Conservation Areas shall be co-managed by Government and the DIO as provided in Section 9.3.7.

9.3.3

Without limiting the application of Section 2.12.1, each parcel of Inuit Owned Lands identified in Schedule 9-2 which lies within the boundaries of a Conservation Area in existence at the date of ratification of the Agreement shall, unless removed through a boundary change to the Conservation Area, remain as part of such area and subject to the Migratory Birds Convention Act or the territorial Wildlife Act applicable to such areas.

9.3.4

Without limiting the application of Section 2.12.1 and recognizing that Government may establish Conservation Areas in the general area identified in an item of Schedule 9-3, which include parcels of Inuit Owned Lands identified in that item of Schedule 9-3, Inuit and Government agree that if such Conservation Areas are established, those parcels of Inuit Owned Lands identified in Schedule 9-3 shall be subject to the Migratory Birds Convention Act or the Canada Wildlife Act applicable to such areas.

9.3.5

Articles 11 and 12 shall apply to Conservation Areas. Article 11, however, shall not apply to or within the boundaries of National Historic Parks, once established, or National Historic Sites when administered by the Canadian Parks Service.

9.3.6

Articles 13 and 20 shall apply to Conservation Areas.

9.3.7

Sections 8.4.11 and 8.4.12 shall apply in like manner to Conservation Areas except that where an IIBA is not concluded in the process of establishing a Conservation Area, the Committee referred to in those sections shall be established when requested by Government or a DIO.

9.3.8

Subject to Section 9.5.2, Sections 8.4.13 and 8.4.14 shall apply in like manner toConservation Areas.

PART 4

INUIT IMPACT AND BENEFIT AGREEMENTS AND OTHER MATTERS

9.4.1

Sections 8.4.2 to 8.4.10 shall apply in like manner to Conservation Areas and to government agencies having responsibilities with respect to Conservation Areas.

Notwithstanding Sections 8.4.2 to 8.4.4, in cases of emergency, such as the establishment of a critical wildlife area, the IIBA may be concluded forthwith upon, rather than prior to, the establishment of the protected area.

9.4.2

Notwithstanding Sections 8.4.2 to 8.4.4, the obligation to conclude an IIBA with respect to Conservation Areas shall:

(a)

not apply to a Conservation Area so long as the Conservation Area does not raise any matter that would have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit;

(b)

with respect to Conservation Areas that have been established prior to and continue to exist at the date of ratification of the Agreement, be an obligation to conclude an IIBA prior to the fifth anniversary of the date of ratification of the Agreement; and

(c)

apply in any situation where it is intended that a Conservation Area established for one purpose be re-established for a different purpose where such re-establishment would have a detrimental impact on Inuit or could reasonably confer a benefit on Inuit.

9.4.3

Sections 8.4.16 and 8.4.18 shall apply in the like manner to Conservation Areas and to government agencies having responsibilities with respect to Conservation Areas.

PART 5

THELON GAME SANCTUARY

9.5.1

On the second anniversary of the date of ratification of the Agreement, Inuit Owned Lands Parcel BL-44/66C shall cease to constitute a part of the Thelon Game Sanctuary, unless, prior to that anniversary date, the NWMB determines that the continued sanctuary status of that portion is integral to the conservation purpose served by the Sanctuary as a whole.

9.5.2

The Territorial Government shall, within five years of the date of ratification of the Agreement, coordinate the preparation of a management plan to jointly conserve and manage the Thelon Game Sanctuary. This shall entail applying the process set out in Sections 8.4.11 and 8.4.12 for that part of the Sanctuary in the Nunavut Settlement Area, and coordinating that process with a process applicable in that part of the Sanctuary which is outside the Nunavut Settlement Area. The Thelon Game Sanctuary Management Plan shall be based on recommendations of the DIO and affected communities. This plan shall be subject to the approval of the federal and territorial governments. No changes will be made to the status of the Thelon Game Sanctuary or its boundary, until the Sanctuary management plan is approved by the federal and territorial governments. Following approval of the Sanctuary management plan, proposals to change the boundary of the Thelon Game Sanctuary, to disestablish the Sanctuary, or to alter its status shall be subject to joint public review by the NWMB and the agency having jurisdiction over management and protection of wildlife and wildlife habitat in that part of the Sanctuary which is outside the Nunavut Settlement Area. Section 9.3.2 applies to any decision of the NWMB respecting that part of the Sanctuary that is within the Nunavut Settlement Area.

PART 6

APPLICATION

9.6.1

In the event of any conflict between this Article and Article 5, Article 5 shall prevail.

9.6.2

This Article shall apply to marine areas within Conservation Areas.

9.6.3

Inuit participation in the planning and management of Conservation Areas may be negotiated on a regional and site category basis where so agreed by the DIO and the Government responsible for the establishment of those Conservation Areas.

Summary

The article defines terms such as "adjusted basic needs level", "basic needs level," "big game," "furbearers," "international agreement," "marketing," "migratory birds," and "naturalist lodge". It also discusses non-quota limitations and the Nunavut Wildlife Harvest Study. The article recognizes Inuit traditional and current use of wildlife and the need for an effective system of wildlife management. Objectives include creating a system of harvesting rights, priorities, and privileges that reflects traditional levels, patterns, and character of Inuit harvesting. The management system and harvesting rights are governed by principles of conservation. The government retains ultimate responsibility for wildlife management and there is a need for a long-term, healthy, renewable resource economy. 

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