ARCHIVED - Annual Report on the Implementation of the Nunavut Land Claims Agreement

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Date: 1999 
Catalogue No.: R71-54/1999
ISBN:0-662-64517-0
QS:-8591-000-GB-A1

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Table of Contents


Features of the Nunavut Land Claims Agreement

The Nunavut Land Claims Agreement, also referred to as the Nunavut Final Agreement:

was signed on May 25, 1993, in Iqaluit by representatives of the Tungavik Federation of Nunavut, the Government of Canada and the Government of the Northwest Territories;

was ratified by an Act of Parliament and came into force on July 9, 1993; and involves the largest number of claimants and the largest geographic area of any comprehensive claim in Canadian history.

involves the largest number of claimants and the largest geographic area of any comprehensive claim in Canadian history.

Today, there are approximately 20,600 Inuit beneficiaries in the Nunavut Settlement Area (NSA), formerly central and eastern Northwest Territories. The area conforms closely to the territory of Nunavut which came into existence on April 1, 1999. This area includes approximately 1.9 million square kilometres (one-fifth of the total land mass of Canada), as well as adjacent offshore areas. Inuit constitute approximately 85 percent of the population in the NSA.

In exchange for ceding, releasing and surrendering to her Majesty the Queen in Right of Canada all their Aboriginal claims, rights, title and interests, in and to lands and waters anywhere in Canada, the Agreement provides the Inuit of the NSA with:

title to approximately 350,000 square kilometres (136,000 square miles) of land, of which 35,257 square kilometres (14,000 square miles) include mineral rights;

equal representation of Inuit with government on joint management boards related to wildlife management, land-use planning, environmental assessment and the regulation of water use;

the right to harvest wildlife on lands and waters throughout the NSA;

capital transfer payments of $580 million in 1989 dollars with interest payable over 14 years (totalling $1.173 billion less repayment of negotiating loans totalling $39.8 million);

a $13 million Training Trust Fund;

a $4 million Implementation Fund;

a $500,000 Bowhead Knowledge Study Fund;

a share of government royalties from oil, gas and mineral development on Crown lands;

a right of first refusal on sport and commercial development of renewable resources in the NSA;

and a commitment that legislation be recommended to Parliament to establish a Government of Nunavut and Nunavut territory.

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Nunavut Implementation Panel

President of Nunavut Tunngavik Incorporated Premier of the Government of the Northwest Territories Minister of Indian Affairs and Northern Development

The Nunavut Implementation Panel is pleased its submit its Annual Report on the Implementation of the Nunavut Land Claims Agreement (NLCA) pursuant to Article 37.3.3(h) of the Nunavut Land Claims Agreement. This report covers the period April 1, 1998 to March 31, 1999.

Reports from the Nunavut Implementation Training Committee, the Nunavut Wildlife Management Board, the Arbitration Board, the Surface Rights Tribunal, and the three Nunavut resource management boards - the Nunavut Impact Review Board, the Nunavut Water Board and the Nunavut Planning Commission - are included.

The Panel is also providing a copy of this report as a courtesy to the Premier of Nunavut.

___________________________
Tagak Curley
Nunavut Tunngavik Incorporated
_____________________
Leigh Jessen
Government of Canada

___________________________
Bruce Gillies
Nunavut Tunngavik Incorporated
_____________________
Mark Warren
Government of Canada
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1  Implementation Panel Report

The Nunavut Implementation Panel is pleased to submit its sixth Annual Report covering the period April 1, 1998 to March 31, 1999.

The Panel was established pursuant to Article 37, Part 3 of the Nunavut Land Claims Agreement. Its primary purpose is to oversee and provide direction on the implementation of the Agreement.

Members of the Panel were Bruce Gillies and Tagak Curley, Nunavut Tunngavik Incorporated; Mark Warren, Territorial Government; and Leigh Jessen, Government of Canada.

This was a year of change for the Panel. Terry Henderson, the Government of Canada's founding member on the Panel was succeeded by Leigh Jessen. Mr. Henderson, with his long experience with the Panel and his knowledge of its ongoing operations, will be missed.

This also marked the departure of another original member, Mark Warren, Government of Northwest Territories (GNWT). With the creation of the new territory of Nunavut on April 1, 1999, responsibility for implementing the Territorial Government's Agreement obligations was passed to the Government of Nunavut (GN). In order to assist in the transition of implementation responsibilities between the Territorial Governments, the Panel invited senior officials from the Office of the Interim Commissioner (the GN administration-in-waiting), to participate in scheduled Panel meetings and conference calls.

Five-Year Review

One of the most significant undertakings of 1998-99 was the development and initiation of two independent five-year reviews called for in the Agreement. The first review was to examine the Inuit Employment Plans required under Article 23. The second review was to examine the Implementation Plan required under Article 37. The Panel added a third undertaking: an assessment of the overall impact of the Agreement during its first five years. In the interests of timing and efficiency, the Panel decided that the reviews and assessment would be carried out simultaneously by the same contractor.

The Terms of Reference for the combined reviews and impact assessment were developed over a period of several months by the Panel members, and adopted at its August 19, 1998 meeting. The Panel considered it important that the independence of the review be respected. It directed that funds for the contract be dealt with outside the direct control of the Parties to the Agreement, and that any advice or assistance required by the contractor be provided through an Advisory Committee appointed jointly by the Parties.

The Request for Proposals inviting contractors to bid on the project was issued on October 28, 1998. The successful bidder was selected in December 1998. The contract was awarded and the reviews began in late February 1999.

It was estimated that the review would take six months to complete. The final report, including its recommendations, will be submitted to the Panel by mid- October, 1999.

Procedures Manual

The Panel decided to assess the way in which it conducts business. The Panel held a one-day procedures workshop in conjunction with its December 9, 1998 meeting to review its current procedures, make suggestions on updating existing procedures, and establish new procedures where required. The Panel is continuing to develop a standardized procedures manual.

Meetings with Institutions of Public Government (IPGS) and Other Implementing Bodies

The Panel met with representatives of the Nunavut Impact Review Board (NIRB) concerning the NIRB 's increased workload and a request for additional funding to cope with the increases. Unexpended funding from several other IPG s was reallocated to NIRB in the last quarter of the fiscal year to deal with these issues.

Representatives of the Nunavut Water Board (NWB) made a presentation to the Panel concerning the pressing need for legislation to provide a clearer and more complete basis for the Board's operations. The Panel responded by writing to the Minister of Indian Affairs and Northern Development for assistance in accelerating the water legislation.

The Surface Rights Tribunal (SRT) made a presentation on its need for additional funding for community consultation and increased interaction with other Nunavut implementing bodies. The Panel did not agree that the SRT 's mandate included community consultation, and directed that this agency carry out its functions within existing funding levels.

Nunavut Implementation Training Committee (NITC) representatives met with the Panel to report on its current programs and services, and outline its work plans for future years. NITC also reported on the completion of the operational review required by Article 37.5.2(h). The Panel appreciated NITC's update on these and other initiatives, and made several administrative recommendations to improve NITC's future annual reports to the Panel.

Funding Issues

Public Hearings and Reviews

The Panel is required to review the budgets submitted by the Nunavut Water Board, the Surface Rights Tribunal, and NIRB for public hearings and reviews. The Panel recommends funding to the appropriate Minister.

In this period, the Panel recommended funding for NWB to conduct two public hearings involving water licence applications for the BHP Boston gold project, as well as the Lytton Jericho diamond project. NWB 's hearings were conducted back-to-back resulting in considerable savings in travel, accommodation and general administrative costs.

The Panel also recommended start-up funding for NIRB to organize a review of the clean-up of the former military site on Resolution Island and undertake some preliminary legal material reviews.

Carry Forward of Funding

The Panel authorized the carry forward of $5.7 million in implementation funds from 1998-99 to 1999-2000 for the NWB , the Nunavut Wildlife Management Board (NWMB), the Nunavut Planning Commission (NPC), and the SRT and the GNWT.

For the first time, funding requirements for two implementing bodies amounted to more than their annual allocations. Neither had accumulated carry-forward funds. Therefore, in order for these bodies to continue their functions, the Panel authorized unexpended funds retained by other IPG s to be reallocated.

The Panel was obliged to reallocate funding from one or more IPG s to another for the first time. The reallocation was undertaken after careful consideration for the first time. Notwithstanding, the implementing bodies collectively were not satisfied with the Panel's handling of the reallocation. The Panel recognized that it is desirable to have a clearer approach for reallocating funds, and has committed itself to establish procedures that will be as fair and equitable to both the donor and recipient of reallocated funds.

Implementing bodies created pursuant to the Agreement are now in their fifth year of operation. In their first few years, annual funding allotments were often not fully expended. Under Article 37.3.3(f) of the Agreement, the Panel is authorized to carry over unexpended funds from one fiscal year to the next, which it normally does in its regular December meetings after consultation with the implementation bodies.

Over the years, as implementing bodies have settled into their roles, their activities and workload have increased. In the last several years, the surpluses available for carry forward have been steadily shrinking.

The Panel's Annual Report

This is also a transition year for the Panel's Annual Report. The present report consists of separate statements by all three Parties and implementation bodies, plus a short joint statement by the Panel. The Panel is of the opinion however, that a more focussed, more critical assessment of the Agreement implementation efforts is required, and is in the process of developing a new format.

Individual reports reflecting the Parties' and implementing bodies' issues or concerns will continue to be included in the Annual Report, although these will not necessarily be endorsed by the Panel.

The Panel trusts that this report has provided a greater understanding of the implementation of the Nunavut Land Claims Agreement, and is confident that the Parties will continue to meet the challenges ahead to ensure that the Agreement is implemented in the spirit in which it was intended.

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2  Summary of Activities: Nunavut Tunngavik Incorporated

This summary of activities was prepared by Nunavut Tunngavik Incorporated.

Under section 37.3.3 of the Nunavut Land Claims Agreement, the four-member Nunavut Implementation Panel has the responsibility to "prepare and submit an annual public report on the implementation of the Agreement including any concerns of any of the Panel members."

Previous annual reports included a summary of activities submitted by Nunavut Tunngavik Incorporated (NTI). Following a pattern set early in the implementation process, these summaries of activities have supplied what their title implies: a recitation of the principal implementation-related matters that NTI concentrated organizational attention and resources on over the time period in question. Fairminded readers of these annual reports, including the elected federal and territorial law makers who receive copies, as well as members of the Nunavut public, may have found it difficult to judge what parts of the implementation process were considered to be working and what parts were not, or to deduce the predominant mood and outlook of the Panel, either as a whole or as made up of its various members.

For this reason, NTI has shifted direction to a more focused, more critical assessment of where overall implementation efforts stand. What has been successful? What has been disappointing? What parts of the implementation process are operating smoothly, and what areas have become fractious?

It is our expectation that the contributions of NTI -appointed Panel members to future annual reports will equip readers with a sense of overall implementation efforts, results, and issues. NTI believes that contributions of this kind from other Panel members could also contribute to establishing a more complete and incisive reading on the state of affairs.

NTI decided not to give its assessment of overall implementation efforts to March 31, 1999, for inclusion in this annual report. At the time of writing (June 1999), the contractors carrying out the independent five year review of the Nunavut Land Claims Agreement (required under paragraph 37.3.3(b) of the Agreement) are in the middle of their work. As the comprehensive work being done by the contractors is approaching conclusion and public release, it would be distracting and confusing for NTI to relay what would be, at best, a partial statement of where implementation stands. It is NTI 's hope that the findings and advice of the independent five-year review will assist Panel members and the Parties to the Agreement to address implementation problems in an informed, candid and creative way. In addition, it should be noted that NTI is in the process of helping the independent review by supplying the contractor with a detailed report outlining its position on a wide range of implementation issues. This report will be made available to NTI 's implementation partners, as well as interested members of the public.

Finally, it would not be fitting to conclude this statement without noting the events leading up to and culminating in the creation of the territory and Government of Nunavut on April 1, 1999. The 12 months that preceded the great events of April 1, 1999, were ones of intense activity carried out, in a context of mounting public excitement and pride, with a commendably high level of inter-party and inter-personal collaboration. There can be little doubt that the successful launch of the new territory and government - a commitment anchored in Article 4 of the Agreement - was the most impressive success story of the 1998-99 implementation period and, perhaps, of the entire implementation period since July 9, 1993.

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3  Summary of Activities: Government of the Northwest Territories

This summary of activities was prepared by the Government of the Northwest Territories.

Ministry of Aboriginal Affairs (Government of Nunavut's Department of Executive and Intergovernmental Affairs)

In its final year of implementing the Nunavut Land Claims Agreement, the Government of the Northwest Territories (GNWT) continued to work closely with the Parties to the Agreement and various implementing bodies. The Ministry of Aboriginal Affairs co-ordinated the implementation activities of all GNWT departments, and reported regularly on the status of those activities. Senior Ministry officials participated in meetings with the Nunavut Implementation Panel and the Panel's Working Group.

The Ministry also provided assistance and support to the Office of the Interim Commissioner (OIC) - Nunavut. Staff was hired by OIC to prepare the new Government of Nunavut (GN) to assume GNWT implementation obligations and activities on April 1, 1999. The Ministry conducted extensive work with the OIC to ensure all Territorial Government obligations and activities were identified. In addition, documents and briefings were provided to the OIC on all implementation work done in the past six years. This included the history of implementation work, status reports, obligations specific to individual departments, and financial arrangements.

The Ministry, in conjunction with the federal government and NTI , began preparations for a review of all implementation activities under the Agreement from 1993 to 1998. This five-year review is independent, as required under Article 37.

Department of Resources, Wildlife and Economic Development (Government of Nunavut's Department of Sustainable Development)

Inuit Impact and Benefit Agreements

In 1998, the Department of Resources, Wildlife and Economic Development (RWED) and NTI agreed to develop an umbrella Inuit Impact Benefit Agreement (IIBA) for all Program grows. RWED also represented the government and people of Nunavut on national park and conservation area IIBA negotiations.

Article 8 - Contracting Procedures

In keeping with its obligations identified in Article 8, RWED prepared an approach to contracting procedures in territorial parks and conservation areas that builds on accepted government standards and policies. It provides preferential treatment to Inuit on park development and operations projects, and first right of refusal on any business opportunities related to territorial parks and conservation areas. A final approach is anticipated to be approved in 1999.

Conservation Legislation

RWED coordinated the review of existing conservation area legislation with NTI , the Canadian Wildlife Service and the Department of Justice. Recommendations contained in the report identified potential improvements to and gaps in existing policy and legislation. A review committee was established that includes representatives from NTI and each federal and territorial department with legislated mandates for protected areas. The committee will review proposed recommendations and develop a set of initiatives to be supported collectively.

Thelon Wildlife Sanctuary

RWED coordinated the final review of the Thelon Wildlife Sanctuary Management Plan with the Kivalliq Inuit Association, the NWMB, Department of Indian Affairs and Northern Development (DIAND), and NTI . It is anticipated that final NWMB approvals from Kivalliq and the management board will be provided in 1999 prior to approvals by Nunavut's Department of Sustainable Development and the Minister of Indian Affairs and Northern Development.

Park Information

RWED continued to ensure all publications, signs, kiosks and interpretation material related to parks are produced in Inuktitut and one or more of Canada's official languages.

Department of Justice

The Land Titles Office continued to work with the Department of Municipal and Community Affairs to complete the conveyance of land within built-up areas of each municipality. Just prior to division, there was a significant increase in the number of communities passing the required acquisition and administration bylaws. Consequently, the number of conveyancing documents submitted to the Land Titles Office also increased dramatically. Approximately 90 percent of all conveyances that could be submitted, which required municipalities enacting the necessary by-laws, were registered and certificates of title issued.

Based on the original descriptive map plans, 1256 certificates of title (surface and subsurface) were issued for Inuit Owned Lands parcels; 84 new descriptive map plans were registered, and 93 of the original 1256 certificates of title were replaced by new certificates based on new descriptive map plans.

The Legislation Division completed amendments to the wildlife regulations necessitated by the realignment of the boundaries of the wildlife management units/zones/areas to conform to the settlement area.

Legal advice and assistance were provided by Legal Division on a variety of matters including issues related to land claims implementation planning for division, and territorial and federal parks and IIBAs.

Department of Municipal and Community Affairs (Government of Nunavut's Department of Community Government, Housing and Transportation)

The Department of Municipal and Community Affairs (MACA) continued to implement its responsibilities under the Agreement, especially with regard to Article 14, the conveyance of municipal lands to Nunavut municipalities.

The Department was engaged extensively in preparing all land transfer documents for municipal lots in order that titles can be registered at the Land Titles Office when by laws of a community are finalized. The land turnovers are now substantially complete in most communities. Almost 90 percent of the titles have been issued for Nunavut municipalities.

MACA sponsored training programs for municipal land administrators. The fourth class of students from the Community Land Administrator Certificate Program graduated from the Cambridge Bay campus of Nunavut Arctic College in 1998. The total number of graduates is now 36. MACA also provided ongoing support and training for all students, including graduates from previous years.

Pursuant to the Bilateral Funding Agreement between Canada and the GNWT, a program was started in July 1996, to fund the salaries of municipal land officers in Nunavut municipalities. All of the communities entered long-term contribution agreements, and more than $1 million was spent in 1998-99.

Department of Education, Culture and Employment (Government of Nunavuts Department of Education, Department of Culture, Language, Elders, and Youth, and the Department of Human Resources)

The Department of Education, Culture and Employment (EC&E) compiled the GNWT's 1998 annual report on Inuit Employment Plans. This report will be distributed in early 1999. In addition, EC&E assisted the OIC in drafting an Inuit Employment Plan for consideration by the GN.

EC&E worked with the Inuit Heritage Trust (IHT) on matters related to heritage and culture. Applications for archaeological permits and for geographic place names were referred to the IHT for its recommendation. A summary report of archaeological work conducted in 1998 was completed. The Department continued to offer advice through the NIRB on possible impacts that land-use operations may have on heritage sites.

Department of Public Works and Services (Government of Nunavut's Department of Public Works, Telecommunications, and Technical Services)

The GNWT was obligated to contract for goods and services in the NSA in accordance with Article 24 of the Agreement. In October 1997, Cabinet approved the Contracting Procedures in the NSA. In 1998, the GNWT finalized with NTI how the obligations would be implemented, and the GNWT agencies implemented the contracting procedures in contracting activities in Nunavut. During the contracting process, GNWT departments continued to solicit bids from Inuit firms.

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4  Summary of Activities: Government of Canada

This summary of activities was prepared by the Government of Canada.

Economic Activity and Employment

The federal government continued to implement the objectives of Article 24 of the Nunavut Land Claims Agreement to provide support for and assistance to Inuit firms competing for government contracts.

The Department of Public Works and Government Services (PWGSC) continued to notify NTI of bidding opportunities in the Nunavut Settlement Area (NSA) by faxing copies of the Notices of Proposed Procurement directly to the Nunavut claimant groups. These notices are also posted on the government electronic tendering system, MERX.

PWGSC continued to assist Inuit firms to become familiar with the bidding and contracting process through seminars and publications Contracts Canada Internet site)--> on how to do business with the federal government.

On an ongoing basis, PWGSC uses the bid criteria set out in Article 24.6.1 of the Agreement to include Inuit in employment opportunities, professional services, supply contracts, and job training and skills development for Inuit whenever practicable and consistent with sound procurement management.

Environmental and Wildlife Management

The objectives of Article 5 of the Agreement are to create a system of harvesting rights, priorities and privileges, and wildlife management including establishment of the Nunavut Wildlife Management Board (NWMB). Environment Canada continued to fulfill its obligations related to the NWMB.

A summary of Environment Canada's wildlife research in Nunavut was presented to the NWMB.

Research activities included:

studies of the distribution and abundance, survival, and reproductive success of elders, specifically populations of Pacific common eiders in the central Arctic, king eiders in the Queen Maud Gulf Bird Sanctuary; common and king eiders on Southampton Island; the northern common eider off southern Baffin Island; and the Hudson Bay eider in the Belcher Islands;

ongoing studies of polar bears, including research on the behaviour of undisturbed bears; the significance of polynyas (large areas of open water surrounded by pack ice); the reproductive status and condition of bears; selection of maternity den sites by pregnant female bears in western Hudson Bay; and the effect of the pattern and timing of ice breakup on the coastal distribution of bears in western and southern Hudson Bay; and

studies of the year-round distribution, abundance and habitat of several populations of geese, with particular emphasis on determining the impact of increasing numbers of snow geese on lowland tundra habitat, and evaluating the effectiveness of management efforts to reduce snow goose numbers.

Discussions of two major Environment Canada initiatives were held with the NWMB and other northern interests: draft federal legislation to protect endangered species, and efforts to control the growth of snow goose populations.

Article 9 outlines obligations related to conservation areas in Nunavut, including conservation and management of existing and new conservation areas, and Inuit Impact Benefit Agreements (IIBAs).

A study to determine the need for amendments or new legislation to designate and manage land and marine conservation areas in Nunavut, as outlined in Article 9.3.1, was conducted under contract. Products included a final report, The Review of Conservation Area Legislation in Nunavut. A supplementary table summarized 31 recommendations for review, amendments and new legislation. The Canadian Wildlife Service (CWS), the Department of Resources, Wildlife and Economic Development (RWED) and NTI reviewed and accepted the report. The federal and Nunavut governments will formulate a list of recommendations of common priority, and individual parties will pursue appropriate action.

Negotiation and implementation of IIBAs for Igaliqtuuq and nine existing conservation areas in Nunavut will require substantially more resources than are available in current operating budgets. CWS has applied to the Treasury Board Implementation Reserve to access funds for IIBAs. If the application is approved, negotiations will resume late in 1999.

The Department of Fisheries and Oceans (DFO) continued to work closely with the NWMB and the three Regional Wildlife Organizations (RWOs) to clarify roles and responsibilities under the Agreement.

DFO hosted a meeting in Yellowknife on May 27, 1999, for the Institutions of Public Government (IPGs). It was attended by IPG s from the Gwich'in Renewable Resources Board, Inuvialuit Fisheries Joint Management Committee, Sahtu Renewable Resource Board, NWMB, as well as DFO representatives from Yellowknife, Ottawa, Winnipeg, Burlington and Iqaluit.

In November 1998, DFO adopted a three-year trial management regime for narwhal in the NSA, as proposed by the NWMB. The new regime replaced community narwhal quotas with by-laws established by community Hunters and Trappers Organizations (HTOs). Improved reporting on hunting losses is an important part of the by-laws. A full understanding of hunting losses is required for a sound determination of total allowable catch. In spring 1999, five communities established community by-laws for the harvesting of narwhal. Narwhal hunts proceeded under the new management regime for these five communities. The communities involved with the Narwhal Management Plan are Repulse Bay, Pond Inlet, Arctic Bay, Clyde River, Qikiqtarjuaq (Broughton Island).

A similar trial management regime was adopted for the southeast Baffin beluga. Two of the south Baffin communities completed the by-laws and proceeded with their hunt under the new management regime.

The Walrus Management Plan Draft 5 was completed. A working group was created to review and make recommendations. The Walrus Working Group will have representatives from the NWMB, DFO, Qikiqtaaluk Wildlife Board and the communities of Arctic Bay, Cape Dorset, Coral Harbour, Hall Beach, Igloolik, as well as an independent chair. The first meeting of the working group to take place in Iqaluit in late September 1999.

Under Section 5.7.25, 28, 29, 31, 36 of the Agreement, DFO initiated regulatory amendments for the Marine Mammals Regulations and the Northwest Territory Fisheries Regulations that are now the Nunavut Fishery Regulations. A Regulatory Impact Analysis Statement for these amendments is being prepared.

Nunavut Implementation Funding for stock assessment related research for the 1999-00 year was distributed at a January meeting in Winnipeg. The fieldwork research for these projects is underway in the NSA.

A major cleanup project of Resolution Island is underway. Used by the United States Air Force as a communications site until 1972, and by the Canadian Coast Guard until 1974, the goal is to make the site environmentally acceptable and address public health and safety issues. The five-year project is anticipated to cost more than $50 million. Approximately $7 million was spent during this reporting period. The Qikiqtaaluk Corporation manages the project for the Department of Indian Affairs and Northern Development (DIAND).

A former DIAND facility on Flaherty Island (near the Belcher Islands) was abandoned in the early 1970s. Empty 45-gallon drums, building debris and waste metal were consolidated for removal. In addition, some cleanup activities were conducted at an abandoned sport fishing camp at Henik Lakes. Materials were hauled out during the winter months, and the site is ready for final inspection.

Heritage

Parks Canada has created the Nunavut Field Unit to manage the national parks, national historic sites and other Parks Canada operational responsibilities in Nunavut. In addition to the existing operational centres, a new field unit office will be developed in Iqaluit to facilitate working with the GN and Nunavut Land Claims Agreement organizations.

Article 8 of the Agreement provides for the establishment of Auyuittuq and Ellesmere Island National Park Reserves as national parks, and for a new national park on northern Baffin Island. Negotiations are concluded and a signing ceremony is planned for the summer of 1999. The parks will be known as Auyuittuq, Quttinirpaaq and Sirmilik National Parks, respectively.

Parks Canada and the Kivalliq Inuit Association continued to negotiate an IIBA for the proposed national park at Wager Bay. Negotiation sessions were held at Wager Bay in August 1998 and Rankin Inlet in November 1998. Among other things, negotiators agreed that the new park would be called Ukkusiksalik National Park.

The new park feasibility study continued for the proposed national park on northern Bathurst Island. In August of 1998, Parks Canada made arrangements for 10 representatives of the community of Resolute Bay to visit the proposed national park area. Stops were made at Polar Bear Pass and at Walker River. Most trip participants had not previously visited the area.

Parks Canada is providing funding to two community organizations to share the costs of two national historic sites. The management costs of the Fall Caribou Crossing National Historic Site is being shared with the Hamlet of Baker Lake. The management costs of the Arvia'juaq National Historic Site is being shared with the Arviat Historical Society.

Parks Canada and the Inuit Heritage Trust produced several educational posters on the archaeology of Nunavut. Parks Canada also produced two books on Nunavut archaeology. These and other publications are available in Inuktitut.

A thematic study to provide a framework for assessing proposals for the commemoration of sites of national significance in Nunavut was completed. A report was presented to the Historic Sites and Monuments Board of Canada. McGill-Queens University Press is publishing an oral history of Nunavut, based on the thematic study.

Parks Canada, in cooperation with many partners, continued to prepare the annual publication New Parks North. All information relating to Nunavut is presented in an Inuktitut version.

Land and Water Management

As identified under Article 19.8.8 of the Agreement, Natural Resources Canada (NRCan) is responsible for surveying the Inuit Owned Lands parcels as described in the Descriptive Map Plans. This involves the survey and demarcation of approximately 1155 Inuit Owned Lands parcels, 12 Jointly Owned Lands parcels, and all crown land areas excluded from these parcels. Plans must be prepared and delivered to the Registrar of Land Titles.

Approximately 100 more parcels were surveyed this year bringing the total to about 900 parcels (75 percent) surveyed to date. Survey plans were prepared and recorded in the Canada Land Survey Records and delivered to the Registrar of Land Titles.

Approximately $2.6 million was contracted in survey projects and other related activities for the Nunavut Land Claims survey program.

Two projects were carried out in the High Arctic between Grise Fiord and Eureka. It involved the Clyde River parcels and around Hall Beach, and in the Gjoa Haven area on King William Island. A total of 935 corners were surveyed.

The Yellowknife Office of Legal Surveys Division, NRCan sponsored a one-week training course, entitled "Canada Lands Surveys Systems and Processes," for land claims land administrators from the Eastern Arctic. The training course was held in partnership with Aurora College at its Yellowknife Campus. Ten people from the Eastern Arctic attended the course in February 1999. They represented the Kitikmeot, Kivalliq and Qikiqtani Inuit Associations, and NTI from the NSA and the Inuvialuit Land Administration from the Inuvialuit Land Claims area.

Course topics included: Acts and Regulations pertaining to surveys on Canada Lands; administration and registration of land; contracting process; regulatory process; community planning; surveys and mapping; interpretation of survey plans; and geographic information systems.

Instruction was provided by representatives from Legal Surveys Division, NRCan; DIAND; Municipal and Community Affairs and the Land Titles Office, GNWT. Site visits were made to Legal Surveys Division; DIAND; Municipal and Community Affairs, and the Land Titles Office, GNWT.

The Environment and Conservation Division of DIAND continued to provide direct and active support to Nunavut land claims implementation activities, attending all NPC regular meetings and participating in their regional land use workshops. The Coordinator also provided regional input to departmental officials in Ottawa in drafting the Memorandum to Cabinet required for the approval of the North Baffin and Keewatin Regional Land Use Plans. The Division played an active role in the Nunavut Planning Commission's (NPC) initiative which developed and implemented the electronic project registry PLANNER system.

DIAND's Water Resources Division continued to provide technical and procedural advice on projects in the Nunavut Region. These included the Iqaluit Landfill Abandonment and Restoration Plan review, sewage treatment plant review, the Gjoa Haven Municipal Water Licence Review, the Boston Project, the Jericho Project and numerous exploratory drilling reviews.

The Land Administration Division of DIAND is responsible for the administration of federal Crown lands in the NSA. This includes the issuance of land use permits, land leases and quarry permits.

During the same period, the following rights were granted under the authority of the Canada Mining Regulations and are exempt from screening: 410 mineral claims recorded and 52 prospecting permits issued.

DIAND delivered Notifications to Issue Title for the Contwoyto Lake lands to the Land Titles Office in March 1999.

Defence

The Department of National Defence (DND) provided the Designated Inuit Organizations (DIOs) and the Regional Inuit Associations (RIAs) with yearly training plans and notice of exercises approximately one month prior to an exercise in accordance with Article 21.5. Affected communities were also advised of forthcoming activities.

The NSA has 15 of the 21 sites that are no longer required for the operation of the North Warning System. NTI does not support the proposed cleanup protocol, based on their interpretation of Article 24 of the Agreement. NTI feels it does not provide sufficient Inuit employment. DNDcontinued to postpone the cleanup efforts, except for Cape Hooper.

Federal Co-ordination of Implementation Activities

The Claims Implementation Branch of DIAND is responsible for monitoring federal government activities to ensure Canada meets its obligations under the Agreement.

During 1998-99, the Branch was active in all aspects of implementation of the Agreement including:

funding arrangements with all implementing bodies established by the Agreement;

ensuring that capital transfer payments to the Nunavut Trust are made in accordance with the Agreement;

participating in a workshop hosted by the Office of the Interim Commissioner (OIC), along with the GNWT and NTI . The workshop was to assist the new officials of the GN to better understand its land claims obligations under the Agreement;

participating in a workshop with officials of various GN ministries responsible for day-to-day implementation issues, including funding agreements and the appointment process;

maintaining regular liaison with the GNWT and NTI implementation managers for the exchange of information on administrative matters pertaining to implementation activities;

maintaining regular contact on at least a quarterly basis with all federal government departments and agencies in order to track their implementation status reports on the automated Land Claims Obligation System;

maintaining ongoing contact with departments and agencies on specific issues;

consulting with all the implementing bodies to assess funding requirements to year-end, and making recommendations to the Implementation Panel on funds to be carried forward to 1999-2000; and

processing appointments of six Makivik alternate members to Nunavut resource boards for issues affecting Areas of Equal Use and Occupancy between Nunavut and northern Quebec;

Staff members of the Branch also provided administrative services, as well as co-ordination for the Implementation Panel members by:

organizing the Panel agenda, receiving and distributing material to Panel members, scheduling presentations, providing interpreters, taking minutes, preparing records of decision, follow-up on action items from the regular Panel and teleconference meetings;

co-ordinating the preparation of the Nunavut Implementation Panel's annual report; and

drafting the terms of reference for a contractor to perform the five-year review on the implementation of the Agreement and participating in the selection process and monitoring the work of the contractor. Staff also assisted the contractors in retrieving information from the past five years.

CAPITAL TRANSFER PAYMENTS

NUNAVUT TRUST
capital transfer payment (net of loan repayment)
(Article 29.1.2)



$84,825,841

RESOURCE ROYALTIES

NUNAVUT TRUST
resource royalties during 1998 (Article 25.2)


1,170,572

IMPLEMENTATION FUNDING

GOVERNMENT OF THE NORTHWEST
TERRITORIES

to fulfil its responsibilities under the Agreement and
Implementation
Contract (Parts 5.7 and 5.8 of Implementation
Contract)







988,419

land administration activities
1,125,000

ARBITRATION BOARD

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 38.1.7)


27,230

NUNAVUT IMPACT REVIEW BOARD

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 12.2.31)



1,578,420

public review (Sections 5.14 of the Implementation Contract)

50,000

NUNAVUT PLANNING COMMISSION

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 11.4.3)


3,478,531

SURFACE RIGHTS TRIBUNAL

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 21.8.1)


293,672

NUNAVUT WATER BOARD

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 13.3.17)



1,558,789

public hearings (Section 5.14 of the Implementation Contract)

112,200

NUNAVUT WILDLIFE MANAGEMENT BOARD

to fulfil its responsibilities under the Agreement and
Implementation Contract (Article 5.2.19)


3,895,576

Nunavut Wildlife Harvest Study (Article 5.4.4)

1,043,044



Return to Table of Contents

5  Implementing Bodies

5.1 Arbitration Board

This summary of activities was prepared by the implementing bodies. The Arbitration Board was created under Article 38 of the Nunavut Land Claims Agreement. The role of the nine-member board is to resolve disputes arising from any matter concerning the interpretation, application or implementation of the Agreement.

The Board held its 1998-99 annual meeting in Ottawa. The Board took this opportunity to further its training with mock-hearings pertinent to Nunavut issues.



5.2 Nunavut Wildlife Management Board

The NWMB has completed five years as the main instrument of wildlife management in the Nunavut Settlement Area (NSA) pursuant to Article 5 of the Agreement.

The NWMB underwent several staff changes, including the hiring of a new director of Wildlife Management and a new director of Finance and Administration. The NWMB held four meetings rotated through the three regions of Nunavut.

Wildlife Management Highlights

Research is important to ensuring wildlife resources are harvested in a knowledgeable and sustainable way. The NWMB has the lead role and is committed to wildlife research responsive to the needs and concerns of people, to recognize Inuit knowledge and culture, and to address their priorities.

Major accomplishments were the development of new management systems for southeast Baffin beluga and narwhal.

The Southeast Baffin Beluga Management Committee (SEBBMC) was formed in 1991 to integrate traditional knowledge and scientific methods in a comanagement plan for southeast Baffin beluga. In June 1998, the SEBBMC recommended the beluga quotas be removed for Kimmirut and Iqaluit. It was replaced by a co-operative program between the community and the DFO to monitor the beluga hunt. The NWMB approved the recommendation in September 1998. DFO approved it in November 1998. This new system is now being implemented.

The Narwhal Working Group was established by the NWMB in 1998 to develop a new system of narwhal management for the NSA. A management system was approved by the NWMB in August 1998, and by the Minister of Fisheries and Oceans in November 1998. The management system included the removal of community narwhal quotas if the community's Hunters and Trappers Organization (HTO) developed a set of by-laws or rules to address: reporting of struck, landed and lost animals; hunter safety and training; preventing wastage; and ensuring humane hunting and conservation. These by-laws or rules will be reviewed by the NWMB.

The NWMB allocated 1,500 metric tonnes of turbot to approximately seven Nunavut companies of the Baffin Island coast. A 500 metric tonne inshore shrimp quota was allocated to five Nunavut companies.

Nunavut Wildlife Research Trust

More than $810,000 was provided to government departments to carry out high-priority research. Proposals were considered by the NWMB at a February meeting, and at a special meeting in March. Projects funded were:

Canadian Wildlife Service

Department of Fisheries and Oceans

Department of Resources, Wildlife and Economic Development

NWMB Research Funding

More than $126,000 was made available to non-governmental organizations to carry out studies. Proposals were considered throughout the year.

Aiviq HTO

goose harvest study, Bowman Bay ($10,500).

Arviat HTO

snow goose habitat monitoring ($3,300).

Ikajutit HTO

char population studies, Saputing River ($19,000).

Keewatin Wildlife Federation

caribou traditional knowledge study, northeast mainland ($14,000).

Nattivak HTO

benthic survey of areas around Qikiqtarjuaq ($10,000).

Sanikiluaq HTO

exploratory fishing in the Belcher Islands ($10,000); and common eider winter ecology study ($27,000).

Pangnirtung HTO

arctic char biological characteristics study, Cumberland Sound ($12,200).

Government of the Northwest Territories, Resources Wildlife and Economic Development on behalf of Qikiqtaaluk Wildlife Board

caribou population studies workshop, South Baffin ($20,000).

Nunavut Wildlife Harvest Study

Field work for the five-year Nunavut Wildlife Harvest Study mandated under Article 5.4 of the Agreement began in June 1996. Data from the past three years has been compiled into a comprehensive database to calculate the current Inuit harvest of animals and to determine the spatial and temporal patterns of Inuit harvesting. This information will help the NWMB make sound wildlife management decisions and ensure that Inuit receive priority quota allocations.

During the past three years, the three regional wildlife organizations were contracted to collect harvest data from Inuit hunters. At least one fieldworker and a data entry clerk were hired in each community. The harvest study employed 37 individuals.

The data collection will continue to May 2001. The data will then be analysed and put into a final report. The Board analyses the data to ensure that quality standards are met. In addition, requests for data from government and Inuit organizations have been fulfilled whenever possible.

Inuit Bowhead Knowledge Study

From 1995 to 1997, 257 individual interviews and eight small-group workshops were conducted with Inuit elders and hunters from 18 communities, "...to record sightings, location and concentrations of bowhead whales in the Nunavut Settlement Area," in compliance with Article 5.5 of the Agreement. Analyses and documentation of interview and workshop transcripts continued.

In February 1999, an assistant to the principal researcher was hired to aid in the analysis of information. The main topics were:

Inuit knowledge of population ecology of bowheads including trends in abundance; and

cultural significance of bowheads to Inuit.

Six maps detailing Inuit knowledge of seasonal distribution and migrations of bowhead whales were prepared from a database contributed to by Inuit elders. These maps will be part of the Final Report of the study, anticipated to be completed and distributed by January 2000.



5.3 Nunavut Implementation Training Committee

The NITC was established under Article 37, Part 5 of the Agreement to provide training and development of Inuit human resources. The NITC continued to provide resources and assistance to organizations responsible for implementing me Nunavut Land Claims Agreement.

The Committee has undergone tremendous change over the past year because of board and staff turnover, and the Agreement's requirement for an independent review.

To minimize the impact of any future turnover, the NITC adopted a resultsbased model of governance. Both board and staff underwent intensive training resulting in the January 1999 adoption of new Mission Statement: "Ensure full participation of Inuit in the implementation of the Nunavut Land Claims Agreement."

The form of governance adopted by the NITC will:

protect the organization;

ensure accountability for results; and

keep the organization focussed on present and future generations of Inuit responsible for implementing the Nunavut Land Claims Agreement.

The final report on the NITC Operational Review and Training Plan Evaluation will be available to all participant organizations and stakeholders.

Another initiative was the development of a new NITC Client Manual. This addendum to the Implementation Training Plan identifies the available resources through the NITC.

The NITC committed over $1 million to training Inuit responsible for implementing the Nunavut Land Claims in 1998-99. After three years of effort with various partners, there are graduates of the Sivuliuqtit Program and the Inuit Resource Management Certificate Program. Several trainees secured significant positions with the GN, the Inuit Tapirisat of Canada and Designated Inuit Organizations (DIOs).

The NITC, which administers the Nunavut Beneficiaries Scholarship Fund, awarded 72 scholarships in the 1998-99 school year. Disbursements totalled $60,950.



5.4 Nunavut Planning Commission (NPC)

The NPC was established pursuant to Article 11 of the Agreement.

During the year, it worked on a ground-breaking project registry system that will streamline applications and reviews for activities in the Nunavut Settlement Area. Planning work continued in the West Kitikmeot and South Baffin, and a new process was launched in the East Kitikmeot region with a major planning workshop in Taloyoak.

The NPC began work with the new GN before it was officially established to ensure final approval of the Keewatin and North Baffin regional land use plans submitted for government review in 1997.

Work also continued on the Nunavut General Monitoring Program, the Cumulative Effects Program, the National Topographic Database Conversion Program, the Nunavut Environmental Database, the Nunavut Experts Database, the South Baffin Place Names Project, and the Keewatin Archaeological Field Work Program.

The NPC now has land use planning underway or completed in five of the six planning regions in Nunavut.

Planner

The mandate of the NPC requires the development of a sophisticated but easily accessible one-window project registration system for companies. PLANNER is an acronym that stands for Public Land Use Application Network Notification Environmental Reporter.

It is a crucial component of this registration system. PLANNER can:

be accessed through Internet for the land use planning, permitting and environmental reporting processes in Nunavut, using a "one-window" approach;

handle land use related applications and provide information about the land use planning process in Nunavut;

advise project proponents of the land use-related applications they should file via the Internet;

notify all relevant agencies of changes via the Internet; and

give the proponent the option of generating an initial environmental report with custom-produced maps showing the project location relative to other environmental information, once a project is registered.

PLANNER is designed to eliminate inefficiency that could result in millions of dollars in lost mining revenue or unnecessary damage to the priceless Arctic ecosystem. For example, it includes maps of caribou calving grounds, traditional muskox hunting areas, and sacred sites. At its core, PLANNER is an extensive geographic information system (GIS) database about the Canadian Arctic environment. Much of the information was derived from community consultations with Inuit elders.

West Kitikmeot

The NPC held an informal hearing on the draft West Kitikmeot Regional Land Use Plan in June 1998. Following the hearing and the receipt of written comments, the plan was revised and edited to await final submission to the governments of Canada and Nunavut.

East Kitikmeot

A new land use planning process was launched in the Central Arctic/East Kitikmeot involving the communities of Taloyoak, Gjoa Haven, Pelly Bay, Igloolik and Hall Beach. The first planning workshop for the region was held in November 1998, in Taloyoak, and gave communities an opportunity to discuss planning issues and begin work on a land use plan for the region.

South Baffin

Planning work continued in the South Baffin region with two Iqaluit workshops. Two years of work produced considerable agreement on the main planning issues in the region. The area's five communities will review a first draft of a regional land use plan in Iqaluit in late 1999.

Submitted Plans

The NPC received comments from the Government of Canada and the Government of the Northwest Territories on the revised Keewatin Regional Land Use Plan and the Revised North Baffin Regional Land Use Plan, which were submitted in April and September 1997, respectively. The NPC considered these comments and resubmitted the plans to government in December 1998. With the creation of the new GN, the plans were submitted to the Department of Sustainable Development for approval by the new cabinet. The NPC worked with the new department to facilitate final approval of these plans.

Monitoring Program

Under the Agreement, the NPC is required to work with DIAND to develop a monitoring program for Nunavut. Following an initial community workshop in Cambridge Bay in 1997, the NPC sponsored a technical workshop to develop a short list of indicators for the Nunavut General Monitoring Program. A decision was made to begin with a pilot project in the West Kitikmeot, since land use planning work is well advanced in that region. To that end, DIAND and NPC developed a Web site for the General Monitoring Program that lists some of the key indicators for the West Kitikmeot region. Work on refining the indicators and adapting this pilot project for other planning regions continued.

Land Use Planning on Inuit Owned Land

The NPC also finalized a Memorandum of Understanding with NTI and the Regional Inuit Associations (RIAs) concerning additional information on Inuit Owned Lands included in regional land use plans. NPC will help to develop management plans for Inuit Owned Lands in all the planning regions of Nunavut. While the development and content of these plans are the responsibility of the Inuit land managers, NPC is committed to facilitating this community-based work, helping to ensure that the plans affirm the goals and objectives of Article 11 of the Agreement, and conform with regional plans. This work is expected to take five years to complete. It will begin in the West Kitikmeot.

Institutions of Public Government

Together with the NWMB, Nunavut Water Board (NWB), and the Nunavut Impact Review Board (NIRB), the NPC held the second meeting of the Institutions of Public Government (IPGs) in December 1998. The boards discussed issues of common concern and the development and role of the Nunavut Marine Council.

National Topographic Database

The NPC completed conversion of the National Topographic Database for Nunavut. The database continued to be reviewed for quality control and will be distributed under agreement with Geomatics Canada to federal and territorial agencies.

Awards

The NPC received a number of awards and other recognition for its work over the past year, including:

an Environmental Systems Research Institute Recognition Award for Excellence in the use of Geographic Information Systems; and

a Treasury Board of Canada Gold Medal for Excellence in the Management of Information Systems.



5.5 Nunavut Impact Review Board

Article 12 of the Agreement establishes the mandate of NIRB to protect the integrity of the ecosystem and to promote the current and future well-being of the residents of Nunavut. The Board uses both traditional knowledge and scientific methods in ecosystem analysis to assess and monitor the environmental, cultural and socioeconomic impacts of projects on a site-specific and regional basis. The Board determines whether projects should proceed, as well as their terms and conditions.

The demand on the screening and review services provided by the Board has increased exponentially in the past two years. It completed 186 screenings in 1998-99, compared to 60 in the previous year. The initial funding under the Nunavut Implementation Contract did not envision the number of project proposals received by NIRB. As a result, it became an operational challenge to accommodate all proponents in a timely fashion.

Because of demand for NIRB services, the environmental assessment process was streamlined. More funding was requested. This allowed the Board to complete all screening projects within 45 days as required by the Agreement, demonstrating to all stakeholders that the Board encourages development and job creation if it is done in a responsible manner without adverse impact on the environment.

In addition to screening projects, the Board is currently conducting public review of PCB cleanup at Resolution Island.

It is NIRB's view that co-operation among IPG s is essential for their successful operation. Clearly, NIRB has benefited in performing its mandate from the partnership and co-operation of other institutions. The NIRB would like to see this relationship continue in the future.

Important to the Board's success is feedback received from communities. NIRB members have visited most Nunavut communities to hear their concerns.



5.6 Nunavut Water Board

The composition of the NWB is determined by Part 3, Article 13 of the Agreement.

The Board is composed of nine members, including the chair. In addition, the Minister of Indian Affairs and Northern Development appointed two members nominated by the Makivik Corporation to replace two NTI members when the Board reviewed applications in the areas of equal use and occupancy.

The Board held 16 meetings and conference calls this year, and two public hearings in Cambridge Bay.

In December 1998, the Board met with other IPG s in Yellowknife to discuss issues of common interest. The main discussion centred on the creation of the Nunavut Marine Council. The Board also took part in a training workshop on water management in the municipal sector prepared and delivered by the NWB Technical Advisor.

Applications under S.13.7.1 of the Agreement

The Board will hold a public hearing before approving any application, but it may waive this requirement if no public concern is expressed. The Board waived the requirement to hold a public hearing for all applications received this year. It decided to hold public hearings in Cambridge Bay in February 1998, on the issue of security deposits for the BHP Boston Gold Project and the Lytton's Jericho Diamond Project. The decisions of the Board will be rendered next fiscal year.

The Board received applications from and issued approvals for the following projects:

Sissons Project (Kiggavik): mining exploration, drilling and associated activities, Cogema;

Victoria Island and Rockinghorse Projects: mining exploration, drilling and associated activities, Monopros;

Peter Lake Project: mining exploration for gold, drilling and associated activities, WMC International;

Boston Project: advanced mining exploration, drilling and associated activities, BHP Diamonds Inc.;

Hood River Project: mining exploration, drilling and associated activities, BHP

Contwoyto Lake Project: mining exploration, drilling and associated activities, Ashton Mining of Canada;

Sahara Lake Project: mining exploration, drilling and associated activities, Cameco Corporation;

Somerset Island Project: mining exploration, drilling and associated activities, Cominco Inc.;

Atutik Lake, Landing Lake, and Meadowbank Projects: mining exploration, drilling and associated activities, Cumberland Resources;

Hackett River Project: mining exploration, drilling and associated activities, Hackett River Resources Inc.;

Lytton JV Project: mining exploration, drilling and associated activities, Kennecott Canada Exploration;

Goose Lake Project: mining exploration, drilling and associated activities, Kit Resources Ltd.;

McGregor Lake Project: mining exploration, drilling and associated activities, Muskox Holdings Ltd.;

Nowak Lake and Roberts Lake Projects: mining exploration, drilling and associated activities, Navigator Exploration Corporation;

Inga Lake and Devon Island Projects: mining exploration, drilling and associated activities, Noranda Mining and Exploration Inc.; and

Jericho Project: advanced mining exploration, drilling and associated activities, Lytton Ltd.

Current Licences

Several licences and permits are currently active in the NSA. Operating mines holding a valid licence are the Nanisivik Mine, Lupin Mine and Polaris Mine. The Cullaton Lake Mine is in the last phase of abandonment and restoration.

These licences impose terms and conditions, and the Board must ensure that these are met and enforced. While the enforcement of most terms and conditions contained in licences and permits issued by the NWB is pending the passage of federal legislation, the Board shall review and approve a number of reports and studies required under these licences: abandonment and restoration plans, contingency and emergency plans, operation and maintenance plans, water quality studies, waste rock disposal plans, acid rock drainage monitoring plans, monthly surveillance network program data, quality assurance and quality control plans, annual reports, geotechnical studies, inspection and compliance reports, and any other studies or reports requested by the Board to address a specific matter in a licence.

At the joint annual IPG meeting, members agreed that the Nunavut Marine Council could be effective in expressing the views and opinions of its members on marine issues affecting Nunavut. A joint submission respecting the proposed Marine Conservation Areas Act was later submitted under the banner of the Nunavut Marine Council.

The construction of the NWB office and three staff housing units was completed on schedule and within budget, as approved by DIAND.



5.7 Surface Rights Tribunal

The SRT is an institution of public government established under Article 21, the land and resources management regime of the Agreement. The SRT's role is to arbitrate disputes. It is independent from any party, government, industry or Inuit organization. Its goal is to provide the fairest possible mechanism for the resolution of disputes within the context of the Agreement and draft legislation.

The SRT concentrated its efforts on finalizing the tasks required to establish and maintain the SRT. Members and staff continued preparations to carry out their responsibilities through planning sessions and the finalization of the policies and procedures that will govern the SRT's operations.

The SRT spent considerable time on the revisions to its rules of procedure and the finalization of its by-laws. It completed its policies and procedures for: rules of procedure; by-laws; Operations and Administration Manual; and personnel policies and procedures.

The development of its rules of procedure presented the SRT with the challenge of incorporating Inuit cultural values into the system of Canadian administrative law. Traditionally, Inuit culture does not rely on an adversarial system of dispute resolution.

The SRT will begin consultations on its rules of procedure with various organizations early in the next fiscal year. Copies of the finalized draft rules will be distributed to organizations involved in land and resources in Nunavut, and will be made available to the public and interested parties.

The SRT has continued to promote awareness of its roles and functions to industry and to the people of Nunavut through meetings, presentations, magazine articles and the production of promotional materials.




Appendix 1: Acronyms and Initialisms

CWS
Canadian Wildlife Service

DIAND
Department of Indian Affairs and Northern Development

DFO
Department of Fisheries and Oceans

DIO
Designated Inuit Organization

DND
Department of National Defence

DSD
Department of Sustainable Development

EC&E
Department of Education, Culture and Employment

GN
Government of Nunavut

GIS
Geographical Information System

GNWT
Government of the Northwest Territories

HTO
Hunters and Trappers Organization

IHT
Inuit Heritage Trust

IIBA
Inuit Impact and Benefit Agreement

IPG
Institutions of Public Government

MACA
Department of Municipal and Community Affairs

NIRB
Nunavut Impact Review Board

NITC
Nunavut Implementation Training Committee

NPC
Nunavut Planning Commission

NRCan
Natural Resources Canada

NSA
Nunavut Settlement Area

NTI
Nunavut Tunngavik Incorporated

NWB
Nunavut Water Board

NWMB
Nunavut Wildlife Management Board

OIC
Office of the Interim Commissioner

PWGSC
Public Works and Government Services Canada

RIA
Regional Inuit Association

RWED
Department of Resources, Wildlife and Economic Development

RWO
Regional Wildlife Organization

SEBBMC
Southeast Baffin Beluga Management Committee

SRT
Surface Rights Tribunal





Appendix 2: Membership of Implementing Bodies (as of March 31, 1999)

ARBITRATION BOARD
Andrew Tagak, Chairperson
Elizabeth Copland, Vice-chairperson
Keith Crowe
Letha J. MacLachlan
Violet Mae Ford
David T. McCann
Edward Picco
Robert Stanbury

NUNAVUT IMPACT REVIEW BOARD
Larry Aknavigak, Chairperson
Leona Aglukkaq
Ruby Arngna'naaq
Duncan Cunningham
Elizabeth Copland
David Iqaqrialu
Henry Kablalik
Ludy Pudluk
Kane Tologanak

Makivik Corporation Nominees
Jusipi Agma
Donald Watt

NUNAVUT IMPLEMENTATION TRAINING COMMITTEE
Peter Kritiqliluk, Chairperson
Kenny Adams
David Kattegatsiak
Johnny Manning
Gabriel Nirlungayuk
Simon Okpatauyak
David Omilgoitok

NUNAVUT PLANNING COMMISSION
Bob Lyall, Chairperson
Loseeosee Aipellee
Bob Aknavigak
Jobie Nutaraq
Louis Pilakapsiv
Akalayok Qavavau
Peter Suwaksiork

Makivik Corporation Nominees
Putulik Papigatuk
Donald Watt

NUNAVUT WATER BOARD
Thomas Kudloo, Chairperson
Robert Hanson
Frank Ipakohak
Guy Kakkianion
David Oolooyuk
George Porter
Kono Tattuinee

Makivik Corporation Nominees
Jusipi Agma
Putulik Papigatuk

NUNAVUT WILDLIFE MANAGEMENT BOARD
Ben Kovic, Chairperson
David Alagalak
Harry Flaherty
Pauloosie Keyootak
Gordon D. Koshinsky
Kevin J. McCormick
Meeka Mike
Makabe Nartok
Joan Scottie

Makivik Corporation Appointments
Henry Alayco
Johnny Peters

SURFACE RIGHTS TRIBUNAL
Patricia Angnakak, Interim Chairperson
Tom Sammurtok, Vice-chairperson
Eva Adams-Klaassen
Emile Immaroitok
Peter Katorka




Appendix 3: Schedule of Payments

CAPITAL TRANSFERS TO NUNAVUT TRUST

(Net of Loan Repayment)

Date

May 25,1993
$ 79,307,736

May 25,1994
50,895,504

May 25,1995
67,860,673

May 25,1996
84,825,841

May 25,1997
84,825,841

May 25,1998
84,825,841

TOTAL
$452,541,436

RESOURCE ROYALTY PAYMENTS

1993-1994
$ 1,260

1994-1995
53,060

1995-1996
1,089,078

1996-1997
1,018,000

1997-1998
1,034,221

1998-1999
1,170,572

TOTAL
$4,366,191

IMPLEMENTATION PAYMENTS
Implementation Payments, pursuant to the Implementation Contract, made to the Nunavut Tunngavik Incorporated, Government of the Northwest Territories and implementing bodies for fiscal years 1993-94 to 1998-99 are listed below. Annual payments to individual recipients are available in previous Nunavut Implementation Panel annual reports.

1993-1994
$26,295,640

1994-1995
6,320,187

1995-1996
12,434,589

1996-1997
13,306,032

1997-1998
13,670,874

1998-1999
13,988,681

TOTAL
$86,016,003





Appendix 4: Amendments

The following is a cumulative list of all amendments to the Nunavut Land Claims Agreement and to the Implementation Contract, which received Governor in Council approval following all-party recommendations.
(Effective April 26, 1995)

NUNAVUT LAND CLAIMS AGREEMENT IMPLEMENTATION CONTRACT
5.4.2: extension to January 1, 1996 from July 9, 1994 for the start of the Nunavut Wildlife Harvest Study; and
5.6.25: extension for the Nunavut Wildlife Management Board to establish the basic needs levels for beluga, narwhal and walrus within 24 months, rather than 12 months, from the establishment of the Nunavut Wildlife Management Board.
IMPLEMENTATION CONTRACT

5.2: extending funding provided to the transition teams to year three of implementation;
Schedule 1 Page 5-6: extending the time-frame for the Nunavut Wildlife Management Board to develop the methodology and design of the wildlife harvest study (to October 1, 1995), to identify the Designated Inuit Organization required to collect data (to January 1, 1996), and to prepare a multi-year budget for the study (to July 1, 1995);
Schedule 1 Page 5-13: extending the time-frame for establishing Hunters and Trappers Organizations and Regional Wildlife Organizations from the first anniversary of the Agreement (July 9, 1994) to the second anniversary (July 9, 1995);
Schedule 1 Page 19-13: deleting the Department of Energy, Mines and Petroleum Resources as a responsible agency respecting the rights to carving stone; and
Schedule 2 Part 2: transferring funding from the Nunavut Water Board and Nunavut Impact Review Board Transition Teams to the Territorial government to provide additional funding for the training of municipal land administrators.
 
(Effective September 17, 1996)
NUNAVUT LAND CLAIMS AGREEMENT IMPLEMENTATION CONTRACT
5.6.25: extension of the deadline for the establishment of the basic needs levels for beluga, narwhal and walrus to March 31, 1997;
8.2.2: extension to negotiate and conclude an IIBA for Auyuittuq National Park by July 9, 1997;
8.2.3: extension to negotiate and conclude an IIBA for Ellesmere Island National Park by July 9, 1997; and
35.5.7: extension to the deadline for the Appeals Committee to hear and determine appeals to July 9, 1996.

IMPLEMENTATION CONTRACT


Page 8-2 of Schedule 1: replacing the entry under the heading "Timing" to July 9, 1997;
Page 8-3 of Schedule 1: replacing the entry under the heading, "Timing" to July 9, 1997;
Page 24-1 of Schedule 1: replacing the first entry under the heading, "Referenced Clauses" by 24.2.1; and
Page 35-6 of Schedule 1: replacing the entry under, "Timing" for the second activity by July 9, 1996.
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