Amendments to the Nunavut Land Claims Agreement

Notice

This website will change as a result of the dissolution of Indigenous and Northern Affairs Canada, and the creation of Indigenous Services Canada and the eventual creation of Crown-Indigenous Relations and Northern Affairs Canada. During this transformation, you may also wish to consult the updated Indigenous and Northern Affairs home page.

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

5.4.2 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.

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

5.6.25 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.

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

8.2.2 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.

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

8.2.3 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.

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

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

Amended - P.C. 2002-297 - March 1, 2002

SCHEDULE

Schedule 29-3 of the Nunavut Land Claims Agreement is replaced by the following:

Schedule 29-3

Negotiation Loans Repayment
(Sections 29.2.1 and 29.3.4)

Outstanding Balance of Negotiation Loans

$39,760,797.68 Tungavik Federation of Nunavut

First Payment $2,913,833.80 on the first anniversary of the signing of the Agreement

Second Payment $3,885,111.79 on the second anniversary of the signing of the Agreement

Third Payment $4,856,389.72 on the third anniversary of the signing of the Agreement

Fourth Payment $4,856,389.72 on the fourth anniversary of the signing of the Agreement

Fifth Payment $4,856,389.72 on the fifth anniversary of the signing of the Agreement

Sixth Payment $4,856,389.72 on the sixth anniversary of the signing of the Agreement

Seventh Payment $4,856,389.72 on the seventh anniversary of the signing of the Agreement

Eighth Payment $4,856,389.72 on the eighth anniversary of the signing of the Agreement

Last Payment $20,504,533.02 on March 1, 2002

TOTAL $56,441,816.93

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

Canadian Environmental Assessment Act

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

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

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

  1. refer the project proposal to the Minister of the Environment for review, including a review of both socio-economic and ecosystemic impacts, by a federal environmental assessment panel in accordance with Part 6 where:
    1. the project proposal involves a matter of important national interest and a federal Minister determines that, for reasons stated in writing, the project proposal would be best reviewed under Part 6, provided that:
      1. a review pursuant to this subparagraph shall occur only on an exceptional basis and shall reflect the primary objectives of section 12.2.5;
      2. such determination shall be made within 90 days or within a further consecutive 90 day period where the federal Minister notifies NIRB in writing that such an extended period is required to make the determination; and
      3. such determination shall be made following consultation with the Minister of the Environment, the territorial minister responsible for the environment and NIRB
      Or,

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

Amended - P.C. 2009-132 - January 29, 2009

Proposed Amendment to the Nunavut Land Claims Agreement

19.2.5 is deleted and replaced with the following:

19.2.5 Unless otherwise provided in a property description,

(a) where a river, stream, lake or other water body is wholly contained within the boundaries of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall include the bed of that water body;

(b) where a boundary of a parcel of Inuit Owned Lands crosses a river, stream, lake or other water body, title to that parcel of Inuit Owned Lands shall include the bed of the Part of that water body within the boundaries of that parcel; and

(c) where a bank of a river, stream, lake or other water body forms a boundary of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall not include the bed of that water body.

Amended - P.C. 2015-851- July 9, 2015

Schedule

Proposed Amendment to the Nunavut Land Claims Agreement

1. The definition of "project proposal" in Section 1.1.to the Agreement is replaced by the following:

"project proposal" means a physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out, or a physical activity that a proponent proposes to undertake or otherwise carry out, such work or activity being within the Nunavut Settlement Area, except as provided in Section 12.11.1 but does not include the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the municipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activity.

2. The Agreement is amended by adding the following after section 11.5.9:

11.5.9A The proponent of any project proposal shall submit the project proposal to the NPC.

3. Section 11.5.10 of the Agreement is replaced by the following:

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

  1. determine whether the project proposals are in conformity with plans; and
  2. forward the project proposals with its determination and any recommendations to the appropriate federal and territorial agencies.

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

4. The Agreement is amended by adding the following after section 11.9.1:

Part 10: Emergency SituationS

11.10.1 Subject to Section 11.10.2, this Article and Article 12 do not apply to a physical work or activity that is carried out in response to

  1. a national emergency for which special temporary measures are taken under the Emergencies Act;
  2. an emergency if a Minister who is authorized under any legislation to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or
  3. an emergency if the Minister of Indian Affairs and Northern Development certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the physical work or activity be carried out without delay.

11.10.2 As soon as practicable after undertaking a physical work or activity referred to in Section 11.10.1, the person or entity carrying it out must submit a written report to the NPC, NIRB and the Minister of Indian Affairs and Northern Development describing

  1. all of the works or activities that have been undertaken or carried out in response to the emergency referred to in Sub-sections 11.10.1(a), (b) or (c), as the case may be; and
  2. any further works or activities required after the end of that emergency to complete an activity or to complete or maintain a work referred to in paragraph (a).

11.10.3 After receiving a report under Section 11.10.2, the NPC shall submit a written report to the Minister of Indian Affairs and Northern Development that contains an assessment of the conformity of any works or activities referred to in 11.10.2 (a) or (b) with any applicable land use plan.

11.10.4 After receiving a report under Section 11.10.2, NIRB shall submit a written report to the Minister of Indian Affairs and Northern Development with terms and conditions that it recommends, with reasons, should apply in respect of the works or activities referred to in Sub-section 11.10.2 (b).

11.10.5 The person or entity referred to in Section 11.10.2 shall provide any additional information that the NPC or NIRB considers necessary to prepare its report under 11.10.3 or 11.10.4, as the case may be.

11.10.6 After receiving a report under Section 11.10.2 and reports under Sections 11.10.3 and 11.10.4, if any, the Minister of lndian Affairs and Northern Development may impose terms and conditions on the carrying out of the works or activities referred to in Sub-section 11.10.2 (b), in which case such works and activities may only be carried out in accordance with such terms and conditions and Sections 12.7.1 to 12.7.5 shall apply mutatis mutandis.

5. Section 12.3.5 of the Agreement is replaced by the following:

12.3.5 Where there is no approved land use plan applicable to a proposed project, the NPC shall, subject to Sections 12.3.2, 12.3.3 and 12.4.3, forward the project proposal to NIRB for screening.

6. The Agreement is amended by adding the following after section 12.3.5

12.3.6 Where there is no approved land use plan applicable to a proposed project, and where the proposed project falls within Schedule 12-1, the NPC shall forward the project proposal to the appropriate dePartments and agencies for disposition, unless the NPC exercises its authority under Section 12.3.3

7. Section 12.4.3 of the Agreement is replaced by the following:

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

  1. such component or activity was not Part of the original proposal; or
  2. its inclusion would significantly modify the project.

8. Paragraphs 12.4.7(a), (b) and (c) of the Agreement are replaced by the following:

  1. refer the project proposal to the Minister of the Environment for review, including a review of both socio-economic and ecosystemic impacts, by a federal environmental assessment panel in accordance with Part 6 where:
    1. the project proposal involves a matter of important national interest and a federal Minister determines that, for reasons stated in writing, the project proposal would be best reviewed under Part 6, provided that:
      1. a review pursuant to this subparagraph shall occur only on an exceptional basis and shall reflect the primary objectives of section 12.2.5,
      2. such determination shall be made within 90 days or within a further consecutive 90 day period where the federal Minister notifies NIRB in writing that such an extended period is required to make the determination, and
      3. such determination shall be made following consultation with the Minister of the Environment, the territorial minister responsible for the environment and NIRB; or
    2. the project proposal is to be carried out Partly within and Partly outside the geographic area to which this Article applies, unless the Minister, the Minister of the Environment and NIRB agree that the project proposal will be reviewed pursuant to Part 5;
  2. notwithstanding paragraph (a)(ii), where the only activity relating to the project proposal to be carried out outside the geographic area to which this Article applies is the transportation of persons or goods, refer the project proposal to NIRB for a review pursuant to Part 5, unless the Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel in accordance with Part 6 and the Minister of the Environment agrees with that determination;
  3. where a proposal is not to be reviewed by a federal environmental assessment panel, refer the proposal to NIRB for a review of the ecosystemic and socio-economic impacts in the Nunavut Settlement Area; or
  4. where the proposal is not in the national or regional interest, inform the proponent that the proposal should be abandoned or modified and resubmitted to NIRB to be dealt with in accordance with Section 12.4.4.

9. Sections 13.4.2 to 13.4.6 of the Agreement are replaced by the following:

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

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

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

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

13.4.6 Where there is no approved land use plan applicable to a project proposal requiring an application to the NWB and where the proposed project falls within Schedule 12-1, the NPC shall forward the project proposal to the NWB for disposition, unless the NPC exercises its authority under Section 13.4.4.

10. The Agreement is amended by adding the following after section 13.4.6:

13.4.7 Where there is no approved land use plan applicable to a project proposal requiring an application to the NWB,_and where the proposed project does not fall within Schedule 12-1, the NPC shall forward the project proposal to NIRB for screening.

11. Sections 13.5.1 to 13.5.4 and 13.6.1 of the Agreement are replaced by the following:

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

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

13.5.3 Where the proposal is not referred for review under Article 12, the NWB may process the related water application.

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

13.6.1 The NPC, NIRB and the NWB shall co-operate and co-ordinate their efforts in the review, screening and processing of project proposals requiring an application to the NWB to ensure they are dealt with in a timely fashion.

Amended - P.C. 2017-383- April 13, 2017

Amendments to the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada

Section 1.1.1

The definitions of "Arbitration Board", "arbitration panel" and "Board" are deleted.

Section 5.7.19 is maintained with no change:

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.

Section 14.10.1 is amended to read:

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

  1. to purchase the lands; or
  2. at the election of the DIO, to exchange the lands for Inuit Owned Lands of comparable value; when Government and the DIO cannot agree on the lands to be exchanged, the matter shall be resolved in accordance with Article 38.

Section 19.6.2 is amended to read:

19.6.2 The Inuit Owned Lands described in an item of Part III of Schedule 19-10 shall become subject to an easement, at no cost to Government, as a route for the winter resupply of the North Warning System between the places referred to in that item upon:

  1. agreement between Government and the DIO granting to Government that easement; or
  2. determination in accordance with Article 38 of the location of that easement and of the terms and conditions of use for that easement.

Section 19.6.3 is amended to read:

19.6.3 The Inuit Owned Lands described in an item of Schedule 19-11 are subject to the easement described in that item except that the more precise location of the easement and the terms and conditions of its exercise may be determined:

  1. by agreement between Government and the DIO; or
  2. in accordance with Article 38, at the request of Government or the DIO.

Section 19.9.3 is amended to read:

19.9.3 If Government and the DIO cannot agree on the lands to be exchanged pursuant to Sub-section 19.9.2(b), the matter shall be resolved in accordance with Article 38.

Section 21.5.5 is amended to read:

21.5.5 In a case where more than insignificant damage may be caused to the land, or where there may be more than insignificant interference with Inuit use and quiet enjoyment of the land, Government shall consult the DIO and seek its agreement regarding the procedures for exercising government access under Sections 21.5.1 and 21.5.3. Where agreement cannot be achieved, the determination of such procedures shall be resolved in accordance with Article 38. Activities identified in Schedule 21-4 shall not be subject to the requirements of this Section.

Section 21.5.9 is amended to read:

21.5.9 In the event that any person exercising access under Section 21.5.1 causes damage to Inuit Owned Lands, and Government and the DIO are unable to agree on compensation for damages, the determination of liability and fixing appropriate compensation shall be resolved in accordance with Article 38.

Section 21.7.15 is amended to read:

21.7.15  Where a person requires access across Inuit Owned Lands for commercial purposes, and is not otherwise covered in this Article, that person shall be permitted access, including on a seasonal basis where appropriate, with the consent of the DIO or, if such consent is not forthcoming after an arbitrator, in accordance with Article 38, within 30 days of being presented with a request,

  1. has established that the person attempted for a period of not less than 60 days, to negotiate the access in good faith,
  2. has determined that the access is essential to the commercial purpose and access by any other means is physically or financially impractical, and
  3. has determined the route such access will follow so as to minimize the damage and interference with Inuit use,

and, based on the arbitrator's findings, the Tribunal, in keeping with Part 8, has issued an entry order. The entry order shall include terms and conditions to minimize damage and interference with Inuit use.

Section 21.9.4 is amended to read:

21.9.4 Any expropriation legislation coming into force after the date of ratification of the Agreement shall, insofar as it applies to Inuit Owned Lands, provide for the following minimum procedures:

  1. notice of intention to expropriate served on the DIO;
  2. an opportunity for the DIO to object to the expropriation on the basis that the expropriating authority has not complied with the expropriation legislation, and an opportunity to be heard on that objection; and
  3. the determination of compensation by negotiation and mediation and, failing that, by reference to an arbitrator or committee referred to in Section 21.9.8.

Section 21.9.5 is amended to read:

21.9.5 Where the expropriating authority acquires an estate in fee simple, those lands shall no longer be Inuit Owned Lands. Lands acquired as compensation for expropriation shall be Inuit Owned Lands. Where lands which have been expropriated are no longer required, the DIO shall have an option for six months following such a determination to re-acquire those lands as Inuit Owned Lands. If the Parties are unable to agree on a price, the matter shall be referred to the arbitrator or committee referred to in Section 21.9.8.

Section 21.9.8 is amended to read:

21.9.8 Where the DIO and the expropriating authority continue to disagree on compensation, and mediation, if provided for, fails, the final determination of any compensation payable shall be by arbitration:

  1. in accordance with Article 38, other than for expropriation under the National Energy Board Act; or
  2. for expropriation under the National Energy Board Act, by an arbitration committee appointed under the Act that shall include at least one nominee of the DIO. The Minister in establishing the arbitration committee shall choose members who have special knowledge of, and experience related to, the criteria set out in Section 21.9.9.

Section 21.9.9 is amended to read:

21.9.9 In determining the amount of compensation payable to the DIO the arbitrator or committee shall be guided by:

  1. the market value of the land;
  2. loss of use to the DIO and Inuit;
  3. the effect on wildlife harvesting by Inuit;
  4. the adverse effect of the taking, upon lands retained by the DIO;
  5. damage which may be caused to the land taken;
  6. nuisance, inconvenience and noise to the DIO and Inuit;
  7. the cultural attachment of Inuit to the land;
  8.   the peculiar and special value of the land to Inuit;
  9. an amount to cover reasonable costs associated with DIO inspections as deemed appropriate by the arbitrator or committee;
  10. an amount to cover reasonable costs to the DIO associated with the arbitration; and
  11. any other factors as may be provided for in legislation.

Section 33.7.5 is amended to read:

33.7.5 Where the Designated Agency and the Trust cannot reach an agreement on a proposal for a long-term alienation, as outlined in Section 33.7.4, the matter shall be referred for resolution in accordance with Article 38 by the Designated Agency or the Trust. In arriving at a decision, an arbitrator shall take into account the overall intent of the Agreement, the provisions of this Article, and any other relevant consideration.

Paragraph 37.3.3(e) is maintained with no change:

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

Article 38
Dispute Resolution Process

Article 38 is replaced by the following:

Part 1: Definition

38.1.1 In this Article, "Parties to a dispute" means:

  1. two or more of the DIO, the Government of Canada, and the Territorial Government involved in, or whose interests are or may be affected by, a dispute between two or more of them about the interpretation, application or implementation of the Agreement; or
  2. in matters specifically designated in another Article for resolution under this Article, the Parties having standing in accordance with the other Article;

and "Party to a dispute" means any one of those Parties.

Part 2: Resolution of Disputes – General Principles

38.2.1 The DIO, the Government of Canada and the Territorial Government shall endeavour to avoid recourse to litigation for the purposes of the interpretation, application and implementation of the Agreement and agree to resolve disputes through the processes set out below and engage in litigation only as a last resort.

38.2.2 The DIO, the Government of Canada and the Territorial Government shall endeavour in good faith to settle disputes informally through cooperation and discussions in order to arrive at a mutually satisfactory resolution.

38.2.3 Notwithstanding Section 38.2.1, nothing in this Article prevents any of the Parties to a dispute from commencing judicial proceedings at any time to avoid the expiration of a limitation period or from entering into an agreement to suspend a limitation period.

Part 3: Implementation Panel

38.3.1 A dispute that cannot be resolved through informal processes shall be referred to the Implementation Panel.

38.3.2 The Parties to a dispute shall attempt to resolve disputes through negotiations at the Implementation Panel. If the Implementation Panel is not able to resolve the dispute within 60 days, a Party to a dispute may refer the dispute to mediation under Sections 38.4.1 to 38.4.12.

Part 4: Mediation

38.4.1 A Party to a dispute may initiate mediation 60 days after the date of the Implementation Panel meeting during which the dispute was first discussed.

38.4.2 The Parties to a dispute shall make reasonable efforts to appoint representatives for purposes of mediation of a dispute who have sufficient authority to come to an agreement or who have ready access to such authority.

38.4.3 A Party to a dispute shall initiate mediation in writing by sending a mediation notice to the other Party or Parties to a dispute, which shall include:

  1. the subject matter of the dispute;
  2. the issue or issues requiring resolution;
  3. a summary of the facts; and
  4. the name of its representative.

38.4.4 The Parties to a dispute agree to select individuals to act as mediators who are imPartial, independent and free from conflict of interest relative to the matter at issue and have knowledge or experience to act in the appointed capacity. Where the Parties to a dispute do not agree upon a mediator, any of the Parties to a dispute may apply to the Nunavut Court of Justice for the appointment of a mediator.

38.4.5 Once the Parties to a dispute agree on the selection of a mediator or a mediator is appointed by the Court, as the case may be, the mediation shall commence within 30 days, unless the Parties to a dispute agree otherwise, and the Parties to a dispute shall Participate thereafter in good faith in the mediation process.

38.4.6 The mediation shall conclude when a resolution of the issue in dispute is reached or when a Party to a dispute or the mediator delivers a written statement that, in the opinion of that Party to the dispute or the mediator, no resolution is likely to be reached through mediation.

38.4.7 Any agreement reached through mediation shall be:

  1. recorded in writing;
  2. signed by the representatives of the Parties to a dispute;
  3. delivered to all Parties to a dispute in the mediation; and
  4. binding only on the Parties to a dispute who have signed the agreement.

38.4.8 The mediator shall not issue a report or make any written recommendations.

38.4.9 Unless the Parties to a dispute otherwise agree and subject to the Access to Information Act, R.S.C. 1985, c. A-1, the Privacy Act, R.S.C. 1985, c. P-21, the Library and Archives of Canada Act, S.C. 2004, c. 11, and any other legislation applicable to the disclosure of information, information disclosed in mediation and not otherwise publicly available shall be kept confidential by all Parties to a dispute and the mediator.

38.4.10   All communications at a mediation session and the mediator's notes and records shall be deemed to be without prejudice settlement discussions and are not admissible as evidence in any arbitration or legal proceedings before a court, board, commission or other tribunal.

38.4.11 Evidence that is independently admissible or discoverable in any legal proceedings before any court, board, commission or other tribunal, shall not be rendered inadmissible or non-discoverable by virtue of its use during the mediation.

38.4.12   Each Party to a dispute shall bear its own costs of the mediation and its proportionate share of the other costs of the mediation, including remuneration and expenses of the mediator.

Part 5: Arbitration

38.5.1 A Party to a dispute may refer a matter to arbitration pursuant to Sections 38.5.2 to 38.5.15 by serving the notice referred to in Section 38.6.4:

  1. in matters designated in Sections 5.7.19, 21.7.15, 21.9.8, and 33.7.5 for resolution under this Article, directly without first referring the matter to the Implementation Panel or to mediation; or
  2. in any other matter, following conclusion of the mediation process, if mediation does not resolve the dispute.

38.5.2 An arbitrator shall have jurisdiction to arbitrate in respect of:

  1. subject to Section 38.5.3, any matter concerning the interpretation, application or implementation of the Agreement; and
  2. matters specifically designated in other Articles for resolution under this Article.

38.5.3 In deciding a dispute between the Parties to a dispute under this Article an arbitrator shall not:

  1. prescribe funding levels required to fulfill obligations of Government for implementation of the Agreement;
  2. prescribe Inuit employment levels required to be achieved by Government pursuant to Article 23;
  3. render decisions declaring invalid individual procurement contracts entered into between Government and third Parties, or render decisions on the provisions of such procurement contracts with respect to the obligations between the Parties to the procurement contract; or
  4. make determinations on questions of law which are not strictly related to the issue that is the subject of the arbitration.

38.5.4 For greater certainty, Sub-sections 38.5.3(a) and 38.5.3(b) do not prevent an arbitrator from making a monetary award of damages for breach of the Agreement.

38.5.5  Notwithstanding Sub-section 38.5.3(c), an arbitrator may arbitrate an issue referred to it by a Party to a dispute which relates to obligations of Government or the DIO under Article 24.

38.5.6 An arbitrator is prohibited from making a decision that alters, amends, deletes or substitutes any provision of the Agreement in any manner.

38.5.7 At any point after the service of a notice of reference to arbitration, and prior to the rendering of a decision by an arbitrator, any Party to a dispute may refer a question of law arising from the arbitration to a judge of the Nunavut Court of Justice for determination.

38.5.8 At any point after the service of a notice of reference to arbitration, and prior to the rendering of a decision by an arbitrator, any Party to a dispute may give written notice that it seeks a direct meeting between elected representatives of the Parties to a dispute to explore, on a without prejudice basis, the possibility of a resolution of the dispute on a mutually satisfactory basis. Where such notice is given, the Parties to a dispute shall meet within 60 days, and the arbitration process shall be suspended for up to 60 days to allow such a meeting to take place.

38.5.9 Following the hearing of an arbitration, an arbitrator shall issue an initial decision. The initial decision shall not include any remedial order other than a declaration or declarations concerning the interpretation of the Agreement and the rights and obligations of the DIO or Government under the Agreement.

38.5.10  Following the release of an initial decision, a Party to a dispute has 30 days to present a proposed remedy to the other Party or Parties to a dispute. The terms of a proposed remedy are confidential and without prejudice. The Parties to a dispute agree to discuss any proposed remedy presented by a Party to a dispute and to seek agreement on the terms of a remedy.

38.5.11 If the Parties to a dispute agree on a remedy, it may be presented to the arbitrator and included on consent in a final award.

38.5.12 If within 60 days from the delivery of a proposed remedy the Parties to a dispute have not reached agreement on the terms of a remedy, a Party to a dispute may require the arbitration to reconvene for the purpose of determining an appropriate remedy and the arbitrator's determination shall be set out in a final award. In addition to any other remedy, a final award may provide for the payment of interest and costs, provided that no costs shall be awarded against the DIO when the arbitrator makes an award in favour of the DIO.

38.5.13 Sections 38.5.8 to 38.5.12 do not apply to an arbitration regarding a matter referred to in Sub-section 38.5.1(a), and following the hearing of such an arbitration, the arbitrator shall determine the appropriate remedy and the arbitrator's determination shall be set out in a final award. In addition to any other remedy, a final award may provide for the payment of interest and costs, provided that no costs shall be awarded against the DIO when the arbitrator makes an award in favour of the DIO.

38.5.14 Subject to Section 38.5.3, an arbitrator has the power to determine all questions of fact or law necessary for the determination of a dispute.

38.5.15 A Party to a dispute may appeal a final award of an arbitrator to the Nunavut Court of Justice. 

Part 6: Arbitration Procedures

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

38.6.2  An arbitrator may establish further rules and procedures, consistent with this Article, to assist in the conduct of a specific reference.

38.6.3 A reference shall be heard and determined by a single arbitrator.

38.6.4 An arbitration shall be initiated by way of notice of reference to arbitration served by any Party to a dispute. The notice shall name the other Party or Parties to the dispute, set out the nature of the dispute, provide a summary of facts, describe the issue or issues to be arbitrated, propose an arbitrator, and describe the relief sought.

38.6.5 Within 30 days of being served notice of a reference to arbitration, the other Party or Parties to the dispute shall file a reply responding to the reference, agreeing to the arbitrator named in the reference or naming an alternative arbitrator, and describing any relief sought.

38.6.6 In the event that the Parties to a dispute do not agree on an arbitrator, the arbitrator shall be named by a judge pursuant to the Nunavut Arbitration Act, R.S.N.W.T. (Nu) 1988, c.A-5, and, in such case, the judge may appoint any person as an arbitrator as the judge thinks fit.

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

38.6.8  If an arbitrator makes no decision as to costs, each Party to a dispute shall bear its own costs and its proportionate share of the other costs of the arbitration, including the remuneration and expenses of the arbitrator.

38.6.9  Notwithstanding Section 38.6.8, the Parties to a dispute shall not bear the costs of the arbitrator in any expropriation proceeding where the costs are normally paid by Government.

38.6.10  The Nunavut Arbitration Act, R.S.N.W.T.(Nu) 1988, c.A-5, shall apply to an arbitration under this Article to the extent that it is not inconsistent with these provisions.

38.6.11  The Implementation Panel shall maintain a public record of the arbitration decisions under this Article.

Part 7: Status of Arbitration Awards

38.7.1 Where a Party to a dispute has failed to comply with any of the terms of the decision of the arbitrator, any Party to a dispute may file in the Nunavut Court of Justice, a copy of the decision, exclusive of the reason therefor, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.

38.7.2  A Party to a dispute may request from the arbitrator, either before or during arbitral proceedings, interim relief and the arbitrator may grant such relief. 

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

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

Part 8: Transitional

38.8.1 Sections 38.5.1 to 38.7.3 come into force on May 31, 2017.

38.8.2  With respect to matters designated for resolution under this Article in Sections 5.7.19, 14.10.1, 19.6.2, 19.6.3, 19.9.3, 21.5.5, 21.5.9, 21.7.15, 21.9.5, 21.9.8 and 33.7.5, this Article as it read immediately prior to the coming into force of this Section continues to apply until May 30, 2017.

Date modified: