ARCHIVED - Annual Report on the Implementation of the Nunavut Land Claims Agreement 1994-1995

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Author: Minister of Public Works and Govemment Services Canada
Date: 1995 
ISBN: ISBN 0-662-62247-2
QS- QS-8508-000-GB-A1

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Table of Contents


Foreword

The Implementation Panel to the Nunavut Land Claims Agreement is pleased to present its second annual report covering the period from April 1,1994 to March 31,1995. This report outlines the accomplishments and challenges encountered during the first full fiscal year of implementing the Agreement, which came into force on July 9,1993. In preparation for this report, information was obtained from the parties to the Agreement: Nunavut Tunngavik Incorporated, and the federal and territorial governments. As well, information was obtained from the implementing bodies established since July 1993.

The parties have worked diligently over this first full year of implementation to ensure that all obligations pursuant to the Agreement were carried out as required. The year has seen the establishment of the Arbitration Board and the transition teams created to enable the institutions of public government (Nunavut Planning Commission, Nunavut Impact Review Board and Nunavut Water Board) to be as operational as possible on the date of their establishment. In addition, the parties negotiated and approved a number of amendments to the Agreement and the Implementation Contract.

The Implementation Panel is confident that the parties will continue to meet the challenges that lie ahead to ensure that this important land claim is implemented in the true spirit in which it was intended.

Members of the Nunavut Implementation Panel:

Simona Arntsiaq-Barnes
Nunavut Tunngavik Incorporated

Terry Henderson
Government of Canada

Lois Leslie
Nunavut Tunngavik Incorporated

Mark Warren
Territorial Government


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Chapter 1 - Introduction

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

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 Nunavut with:

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Chapter 2 - 1994-95 Highlights

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Chapter 3 - Implementation Panel

Comité de mise en oeuvre

Article 37 of the Nunavut Land Claims Agreement establishes the Implementation Panel and provides for its membership and mandate.

The Panel's membership includes two representatives from the Nunavut Tunngavik Incorporated, Simona Arnatsiaq- Barnes and Lois Leslie; one representative from the Territorial Government, Mark Warren; and one representative from Canada, Terry Henderson.

In accordance with its mandate, the Panel:

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Chapter 4 - Implementation Issues of Concern to Panel Members

In the course of its work the Implementation Panel addressed a number of implementation issues, many leading to consensus and successful resolution. Others remained outstanding.

Key issues which arose and remained outstanding at the end of the review period included:

Legislation to Establish Institutions of Public Government

Canada is obligated under the Agreement to pass legislation to establish the Nunavut Surface Rights Tribunal (SRT) within six months of ratification of the Agreement and to establish the Nunavut Water Board (NWB), the Nunavut Impact Review Board (NIRB) and the Nunavut Planning Commission (NPC) within two years of the date of ratification. With respect to all four boards, if legislation has not been passed within one year of the date specified in the Agreement, the boards are established by the provisions of the Agreement.

At the end of the review period, neither piece of legislation had been passed. While significant progress was made in the development of draft Nunavut Surface Rights Tribunal legislation, during the reporting period, major issues remained outstanding concerning the interpretation of the Final Agreement. A resolution of these issues was hampered by the absence of a full and open exchange of views in a co-operative, non-adversarial atmosphere. It became evident that a more effective process was required.

No progress was made on the second piece of legislation. The deadline for completing this legislation is July 9,1995. There

are serious concerns about the federal governments ability to meet this time line. Transition teams for the three resource management boards are expected to have completed their preparatory work, to get the boards up and running by the fall of 1995. If legislation to establish any of the resource management boards is not in effect by July 9,1996, the provisions of the land claims agreement respecting the appointment of the members of the board shall come into effect on that date. On their appointment, the members shall be considered to have, for all purposes of law, all powers and duties described in the

Article 24 - Government Contracts

Article 24 of the Agreement sets out the obligations of the Government of Canada and the Territorial Government with respect to procurement policies as well as bidding and contracting procedures and criteria for government contracts in the Nunavut Settlement Area. The Government of Canada and Territorial Government are required to provide reasonable support and assistance to Inuit firms, in accordance with the terms of Article 24, to enable them to compete for government contracts. During the reporting period, discussions took place between NTI and both governments with a view to reaching a common interpretation of Article 24 and the most effective means of implementing its provisions. However, at the end of the reporting period, these discussions had been unsuccessful, and there was no agreement on what is required to implement government obligations under Article 24.

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Chapter 5 - Summary of Activites: Nunavut Tunngvaik Incorporated

Nunavut Tunngavik Incorporated (NTI) is the beneficiary corporation of the Nunavut Trust. During 1994-95, NTI was very busy as it and the other Inuit implementing bodies proceeded with the implementation of the Agreement.

NTI's first and second reporting periods were spent primarily on building a solid base upon which future implementation activities could take place. Since implementation began, key partnerships have been formed, financial and administrative systems have become operational, and various agreements have been reached to ensure that the implementation process will be efficient and effective, and will provide the necessary services and opportunities to Inuit.

Implementation Planning

NTI continued the process of implementation planning with the three Regional Inuit Associations (RIAs) and other Inuit organizations. In particular, NTI planned activities with the Kitikmeot Inuit Association in regards to managing water rights and with the Baffin Regional Inuit Association (BRIA) as the Designated Inuit Organization (DIO) designate in relation to national parks for the Baffin region. As the DIO, BRIA is responsible for negotiating Inuit Impact and Benefit Agreements (IIBAs) and participating with the federal government on parks management committees. The Inuit communities which will be most affected by the development of national parks in the Baffin region include Grise Fiord, Pond Inlet, Arctic Bay, Broughton Island, and Pangnirtung. In September 1995, the IIBA for Wager Bay National Park will begin, with the Kivalliq Inuit Association acting as the DIO. NTI and the Department of Indian Affairs and Northern Development (DIAND) collaborated to produce Inuktitut and Inuinnaqtun versions of the Nunavut Agreement and Implementation Contract and an Inuktitut version of the Implementation Contract.

Economic Development

NTI continued to work to encourage selfreliance amongst Inuit, including Inuit participation in economic opportunities. To this end, NTI organized the Nunavut Sivummut Economic Conference in October 1994. This conference, involving Inuit business people and politicians from across Nunavut, identified goals and priorities relating to a strategy for the economic development of Nunavut for Inuit. This strategy, along with its accompanying goals and priorities, was adopted by NTI as its policy on economic development.

Guided by this policy, NTI proceeded with work relating to Article 24 of the Agreement, which stipulates that the federal and territorial governments must provide reasonable support and assistance to Inuit firms to enable them to compete for government contracts. In 1994-95, NTI was involved in discussions with both governments to implement their obligations under Article 24. NTI also initiated a process to identify Inuit firms which may compete for government contracts. An initial review of applications for status as an Inuit firm was completed, with 36 Inuit firms approved and certified by the end of March 1995.

In other areas of economic development, an investment review committee has also been established to define three-year regional investment targets, to identify investment opportunities such as takeover targets and joint ventures, and to provide recommendations to the NTI board of directors regarding investment priorities and criteria.

Hunter Support Program

The Nunavut Hunter Support Program was established and is expected to begin distributing assistance during the winter of 1995-96. The program, funded jointly by NTI and the Territorial Government (TG), provides financial assistance to Inuit who hunt, fish or trap for subsistence purposes for a minimum of six months a year. NTI is currently managing the program, but in the future it will be managed by the Hunters and Trappers Organizations (HTOs).

Elders' Benefit Plan

The Nunavut Elders Benefit Plan (NEBP) was established and the first cheques were mailed in October 1994. The speed with which the NEBP was established reflects the high priority NTI, and all Inuit, give to the comfort and security of elders.

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

The process of forming HTOs and RWOs was completed, with 27 HTOs and three RWOs established by March 31,1995. Under Article 5 of the Agreement, these HTOs and RWOs have responsibilities and powers to regulate harvesting practices and techniques, and to allocate and enforce harvesting quotas at both the community and regional levels.

Delays by the federal government in making appointments to the

Transition Teams

for the Nunavut Impact Review Board, the Nunavut Water Board and the Nunavut Planning Commission hampered their timely start-up. However, with pressure from NTI, these teams are now in place. NTI participated in the drafting of by-laws for the transition teams, and in the planning and delivery of a workshop to launch the teams.

Enrolment

NTI staff continued to work hard to develop and maintain the Inuit Enrolment List. Community consultations were undertaken in the fall of 1994 to develop the permanent structure of the Nunavut enrolment process. Over 19,000 Inuit have been registered under the Agreement. The initial Inuit Enrolment List was published in October 1994 and has been distributed to Nunavut communities and government. The list will be updated and published annually.

A Nunavut Enrolment Appeals

Committee has been established to review all appeals made by individuals not accepted for enrolment. The Committee will also decide on appeals made to remove individuals from the enrolment list.

Lands Management

NTI and the land management departments of RIAs have established rules and procedures for the management of Inuit-owned lands. These rules and procedures were approved at NTIs 1995 annual general meeting.

In 1994-95, NTI began working with the mining industry to promote subsurface development on Inuit-owned lands. To date, NTI has entered into 15 concession agreements which allow exclusive exploration, sampling and the right to obtain a production lease on Inuit-owned lands, and is negotiating several others.

NTIs Land Management Department

is in the process of relocating from Ottawa to Cambridge Bay and should complete the move by December 1995.

Environmental Issues

The environmental section of NTIs Land Management Department has been involved in discussions with the Department of National Defence (DND) and the Department of Indian Affairs and Northern Development (DIAND) to ensure that environmental clean-ups in the Nunavut Settlement Area, including Distant Early Warning Line clean-ups, meet Inuit expectations. The Land Management Department has continued to participate in the environmental assessment processes relating to development projects that may have an impact upon Nunavut, including the now defunct Great Whale hydro electric project in the James Bay region of northern Quebec, and the Broken Hill Property diamond project at Lac de Gras, Northwest Territories. NTI was also involved in a working group with the Inuit Tapirisat of Canada regarding amendments to the Canada-United States Migratory Birds Convention to allow Aboriginal harvest and some sale of migratory birds and their eggs.

Inuit Heritage Trust

NTI co-ordinated the design and establishment of the Inuit Heritage Trust (IHT), which will play a lead role in the management of archaeological sites and resources in the Nunavut Settlement Area. An awareness campaign has been launched to raise public awareness of the importance of archaeological resources and of leaving archaeological sites intact. The IHT has also taken steps to ensure that archaeological resources and grave sites are protected by law. Funding is currently being sought to train staff to access computer networks with information on museum collections within Canada. This training will greatly enhance the ability of the IHT to access data on the archaeological record of Nunavut. The IHT also has the responsibility for reviewing official place names in the Nunavut Settlement Area. Funding is currently being sought to hire a staff member to carry out this function.

Nunavut Social Development Council

The role of the Nunavut Social Development Council (NSDC), established in the fall of 1994, is to carry out research activities, to publish and distribute information about social and cultural issues, and to advise government and Inuit on social and cultural policies, programs and services. The NSDC held its first meeting in January 1995. At this meeting, an executive board was elected, and board members discussed the Council's structure, priorities and administrative requirements. NSDC directors were appointed by the RIAs and NTI and represent youth, elders and women with special interests in health, culture, education, language and Inuit heritage. In 1994-95, two orientation workshops were conducted for the NSDC. They covered various issues, including reviewing Article 32, the section of the Agreement under which the Council was established; the mandate and mission statement of the Council; goals and objectives, and regional priorities. The NSDC head office is currently in Igloolik and is expected to be staffed and operational by September 1995. In the interim, the NTI Department of Social, Cultural and Educational Development has been acting as the secretariat to the Council.

Legal Issues

NTI continued to participate in the development of draft Nunavut surface rights legislation, including insisting on changes to the draft legislation which NTI feels are necessary to reflect accurately the letter, spirit and intent of the Agreement. NTI has persisted in its vigilant monitoring and defence of the rights of Inuit under the Agreement. In particular, NTI actively promoted the interests of Inuit with respect to the allocation of turbot by the Department of Fisheries and Oceans and has protested the decision to prosecute Igloolik hunters in the striking of a bowhead whale.

NTI participated in the planning for the municipal lands referendum and advocated successfully for changes in the way in which the vote was to be conducted so as to ensure against any perceived bias.

NTI brought a court application in September 1994 to have the territorial Supreme Court make appointments to the Arbitration Board, pursuant to Article 38.1.5 of the Agreement.

NTI continued to participate with TG officials to develop a position for negotiating a northern energy and minerals accord with the Government of Canada.

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Chapter 6 - Summary of Activities: Territorial Government

During 1994-95, Territorial Government departments continued to make significant progress in implementing activities set out in the Agreement and Implementation Contract. In general terms, there was an increased awareness of Territorial Government (TG) obligations and responsibilities related to the Agreement. Staff in various departments worked closely with one another, as well as with the implementing bodies, to ensure implementation activities were carried out in an effective manner.

Ministry of Intergovernmental and Aboriginal Affairs

During the reporting period, the Ministry of Intergovernmental and Aboriginal Affairs co-ordinated TG implementation activities, and ensured effective liaison was maintained with officials of NTI and the federal government. In particular, senior ministry officials actively participated in the six meetings of the Nunavut Implementation Panel.

Assistance was provided in securing additional funding for the Community Land Administrator Certificate Program through internal reallocation of TG funding and a one-time transfer from the Nunavut Water Board Transition Team and the Nunavut Impact Review Board Transition Team. The Ministry assisted in nominating and appointing members to transition teams and boards in a timely manner. Staff also helped to facilitate the Transition Team orientation workshop held in Cambridge Bay from January 7 to 10,1995.

Advice and assistance were provided to other TG departments involved in developing Inuit Impact and Benefit Agreements (IIBAs), implementing contract and procurement provisions, and planning for the municipal lands referendum. The Ministry directed comments related to the Inuit labour force analysis to officials preparing the report, and completed a thorough review of the Nunavut Implementation Training Study developed by the Nunavut Implementation Training Committee. Staff coordinated the development of the first annual report, budget and carry-over approval documents on behalf of all departments. Considerable work was also done to review and provide input to the proposed Nunavut surface rights legislation. A significant highlight of the reporting period was a departmental land claims implementation co-ordinators' workshop hosted by the Ministry in September 1994. TG officials directly involved in implementing the Agreement met for three days to share information, and to gain a better understanding of the Agreement and the accompanying Implementation Contract. This group continues to meet quarterly, resulting in a more co-ordinated approach to implementation activities by TG departments.

Department of Renewable Resources

The Department of Renewable Resources performed an active advisory and support role for the Nunavut Wildlife Management Board. Several research projects were jointly funded including a population survey of Qamanirjuaq and Beverly caribou herds, and community consultations related to polar bear harvesting. Development of the Thelon Game Sanctuary Management Plan progressed throughout 1994-95 with the active participation of the Akiliniq Committee. The Department initiated a review of the Wildlife Management Units- Zones-Areas to conform with the Nunavut Settlement Area and community hunting areas, and a proposal for review is expected to be complete by fall 1995. The Department is also continuing an internal review of conservation areas.

All appointments and nominations to implementing bodies, including transition teams, were completed in a timely fashion. Departmental regional land claim coordinators have been actively assisting both Hunters and Trappers Organizations and Regional Wildlife Organizations in registering their by-laws, and by attending workshops.

The Department provided administrative and other support to officials implementing the Nunavut Harvester Support Program. It also assisted in developing a system for remote sensing, prepared polar bear management agreements and participated in a land use planning workshop.

Department of Economic Development and Tourism

In accordance with the Agreement, all information regarding the business programs and related application forms were translated into Inuktitut.

To support the development of a traditional economy and to provide employment opportunities for residents of the Nunavut Settlement Area, departmental staff helped to prepare proposals for funding under economic development agreements. Several of these proposals were approved and implemented, including projects that encouraged the growth and development of the arts and crafts industry and business infrastructure in communities.

Discussions were undertaken related to IIBAs for federal and territorial parks. With the recent identification of the Baffin Regional Inuit Association as the DIO for parks in the Baffin region, negotiations and implementation regarding these agreements should proceed in 1995-96.

Department of municipal and community affairs

The Department of Municipal and Community Affairs undertook a number of major initiatives during 1994-95 with respect to the conveyance of municipal lands to Nunavut municipalities.

Most notably, the Department prepared for the referendum in each community to decide whether municipal lands should be available for sale or lease. Extensive public consultation related to this referendum was undertaken through public meetings in each community, meetings with municipal councils, informational materials, television and radio advertising, and phone-in shows.

A training program for municipal land staff was developed in conjunction with Nunavut Arctic College. The Community Land Administrator Certificate Program began in January 1995 and runs until November 1995. There are 20 students enrolled in the 1994-95 program at Iqaluit.

With the turnover of municipal lands, there were 180 surveyed municipal infrastructure lots titled to municipalities, with another 195 similar parcels legally surveyed for turnover in 1995-96. Work has also begun on the turnover of surveyed and leased lots. Any unsurveyed vacant and leased lots are planned to be surveyed in the summer of 1995.

In the summer of 1994, the Department also co-ordinated the survey of almost all Inuit-owned lands within municipal boundaries. The remaining surveys, in three Baffin communities, will be finished in 1995-96. Descriptive map plans were also finalized for those Inuit-owned lands that did not require a survey.

Department of Justice

The Constitutional Law Division provided legal advice to a number of departments regarding the implementation of the Agreement. Some of the matters on which the division provided legal advice were the municipal lands referendum process; the implications of the Makivik land claim, which overlaps the Nunavut Settlement Area; appointments to implementing bodies and the establishment of transition teams; the review of the territorial government business incentive policy and the proposed Nunavut surface rights legislation.

The Legal Division provided ongoing advice with regard to the development of the proposed Nunavut surface rights legislation and the establishment and operation of various implementing bodies. The Division also provided advice to the departments of Renewable Resources, Economic Development and Tourism, and Municipal and Community Affairs with regard to matters related to wildlife management, IIBAs and the tenure of municipal lands.

The Legislation Division provided draft wildlife regulations relating to commercial hunting within the Nunavut Settlement Area. It also drafted guidelines for the municipal lands referendum.

The Land Titles Office continued to work with the parties to the Agreement to identify and resolve any problems associated with the vesting and initial issuance of title to Inuit-owned lands. In consultation with interested parties, the Land Titles Office initiated legislative amendments to the Land Titles Act to facilitate the conveyance of land within the built-up area of municipalities to the municipal government.

Department of Energy, Mines and Petroleum Resources

The Department of Energy, Mines and Petroleum Resources received implementation funding for consultation leading to the development of a Northern Accord.

Implementation resources enabled the Inuit and the TG to meet at both the technical- working level, with technical and professional staff, lawyers and consultants and the co-ordinating committee level, with professional staff and political leaders. Implementation resources were substantially supplemented by territorial "A" Base funding. These additional resources were used to carry out the consultation required to accommodate Aboriginal interests in the development of the Northern Accord.

Department of Education, Culture and Employment

The Department of Education, Culture and Employment actively consulted with Inuit on matters related to heritage and culture. A legislative action paper proposing new heritage legislation was developed and reviewed by the Standing Committee on Legislation following consultation with various Inuit authorities, including the Inuit Heritage Trust (IHT). The Department is working closely with the IHT to review archaeological permit applications. Procedures related to the disposition of all specimens found in the Nunavut Settlement Area, other than on Inuit-owned lands, have also been established. A summary report on archaeological work carried out in 1994 is in progress for 1995-96.

Departmental officials provided advice and information for the development of the Inuit labour force analysis report. The Department is also assisting in the initial preparation and planning of Inuit employment plans, and hired a term employee to assist departments in this task.

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Chapter 7 - Summary of Activities: Government of Canada

Economic Activity and Employment

The Agreement provides for the Government of Canada to assist Inuit firms to become familiar with government bidding and contracting procedures, and to encourage Inuit firms to bid for government contracts in the Nunavut Settlement Area. In 1994-95, Public Works and Government Services Canada (PWGSC) consulted with Nunavut Tunngavik Incorporated (NTI) and representatives of the various regional Inuit organizations within the Nunavut Settlement Area. Consultations were also held with NTI to discuss the development of procurement policies in the Nunavut Settlement Area. The Western Regional Office of PWGSC began preparing workshops and seminars geared to Nunavut claimant group members to familiarize Inuit contractors, suppliers and interested groups with PWGSC's contracting practices and systems. These seminars will be provided in 1995-96 on request. In fulfilment of its obligations under Article 24 of the Agreement, Treasury Board issued a policy in March 1995 to all contracting authorities with respect to implementing the contracting provisions.

Many of the obligations of PWGSC are carried out by its Eastern Regional Office. Major activities in 1994-95 included workshops for procurement officers and client departments on land claim settlement agreements. These workshops are designed to sensitize PWGSC contracting officers to the measures the Department is taking to address the issues involved in comprehensive land claims agreements, including the Nunavut Agreement.

The Agreement provides that the Government of Canada shall consider Inuit firms, as provided on a comprehensive list of firms developed by the DIO, for government contracts. In 1994-95 discussions were held with various members of NTI regarding this project. Until the list of Inuit firms is developed, the federal government continues to advertise contracting opportunities in two newspapers in the Nunavut Settlement Area.

Parks Canada, using the Northern Careers Program, hired a local Inuit cultural resource management trainee in 1994-95. In accordance with the Agreement, Parks Canada offered contracts to local Inuit and Nunavut contractors before advertising elsewhere, and purchased locally where program requirements allowed.

In 1994-95, tendering processes were enhanced to assist Inuit firms in bidding on contracts to carry out Department of National Defence activities in the Nunavut Settlement Area. Increased interest on the part of Inuit firms in bidding on construction work is anticipated in 1995-96, and Defence Construction Canada will continue to assist Inuit firms in bidding on these contracts.

Environmental and Wildlife Management

The Department of Fisheries and Oceans (DFO) worked closely with the Nunavut Wildlife Management Board (NWMB) throughout 1994-95 in addressing fisheries issues. Departmental staff participated in all NWMB meetings.

Using its implementation resources, the Department continued to address some of the management concerns that have been identified co-operatively with Hunters and Trappers Organizations through the NWMB. In 1994-95, stock assessment focused on Arctic charr in the Kitikmeot and Keewatin regions, and on Arctic charr, Greenland halibut (turbot), and beluga and bowhead whales in the Baffin Region.

DFO participated in a market analysis study for Arctic seal products, and on the steering committee for the planned wildlife harvest study. The Department co-ordinated NWMB's participation at the Canada- Greenland Joint Commission on Beluga and Narwhal, in Pond Inlet, and the Fisheries Resource Conservation Council, held in Iqaluit. Throughout 1994-95, DFO advised the NWMB on an ongoing basis on international matters, such as the activities of the International Whaling Commission, the North Atlantic Marine Mammal Commission, and the North Atlantic Fisheries Organization, and activities related to the Convention on International Trade of Endangered Species.

The Department established interim experimental and scientific licensing procedures, and provided the NWMB with background information on walrus, beluga and narwhal which the Board may use for establishing basic needs levels. A co-management plan was completed for southeastern Baffin beluga, and the department also initiated the development of a comanagement plan for walrus in Foxe Basin.

The Agreement provides that government, in consultation with Inuit, shall conduct a study to determine the need for new legislation or amendments to existing legislation to designate and manage conservation areas in terrestrial and marine environments in the Nunavut Settlement Area. In 1994-95, the Canadian Wildlife Service began consultations with Inuit to develop terms of reference for this study.

The Agreement also provides for Conservation Areas to be co-managed by government and the DIO. In 1994-95, the Canadian Wildlife Service began to form co-management committees for the Nirjutiqavvik and Igalirtuuq National Wildlife Areas. The committees are writing co-management plans for these areas, and a multi-party agreement for the co-operative management of the Igalirtuuq National Wildlife Area is being drafted. Natural resource descriptions are also being written for Nunavut bird sanctuary plans, and community consultations regarding policies contained in these plans will begin in 1995-96.

During the creation of the co-management plan for the Igalirtuuq National Wildlife Area, all materials were available in both English and Inuktitut. Similarly, the brochures planned to be developed in 1995-96 for the Igalirtuuq and Nirjutiqavvik National Wildlife Areas will be published in both English and Inuktitut, and will use information supplied by Inuit co-management committee members to feature Inuit cultural and historical perspectives.

Heritage

The Agreement provides for the establishment of three national parks, Auyuittuq, Ellesmere and North Baffin entirely or partly in the Nunavut Settlement Area. National parks are also proposed at Wager Bay and on northern Bathurst Island.

In 1994-95, Parks Canada continued working toward the establishment of the Auyuittuq, Ellesmere and North Baffin national parks. Social and economic bibliographies were prepared for the proposed Auyuittuq and Ellesmere national parks, and Parks Canada prepared for the negotiations on IIBAs through internal information collection, issue analysis and position development, and through contact with the Baffin Regional Inuit Association (BRIA). Parks Canada also met with the North Baffin Park Committee to discuss IIBA issues, and undertook community consultation regarding the establishment of the proposed North Baffin and Wager Bay national parks.

In addition to these activities, Parks Canada also:

Parks Canada worked with the NWMB on a number of very positive initiatives, including:

Land and Water Management

The Agreement provides that the Legal Surveys Division of Natural Resources Canada is responsible for the preparation of descriptive map plans for all Inuit-owned lands not within municipal boundaries. This task, which involves the preparation of 278 descriptive map plans, was on schedule at the end of March 1995.

Natural Resources Canada is also responsible for surveying Inuit-owned land parcels. This task involves the survey and demarcation of approximately 1,155 parcels of Inuit-owned land, and all Crown land areas excluded from these parcels, and the preparation of plans. In 1994-95, the approximate value of this survey program was $3.2 million. Activities included the preparation of a topographical overprint of National Topographic Scale maps to show Inuit-owned land parcels; aerial photography of a test area in North Baffin for natural boundaries; the implementation of Inuit involvement requirements for survey contracts in consultation with the DIO; contracting for seven surveys of Inuitowned land parcels, including Crown land areas excluded from these parcels; and contracting for two partial boundary surveys of Inuit-owned land parcels and intersections with mineral claims surveys. The Agreement provides for government owners of lands in the Nunavut Settlement Area to make land available for establishing outpost camps, on request by potential occupiers of these camps or by a DIO on their behalf. In 1994-95, the Department of Indian Affairs and Northern Development (DIAND) received one inquiry and one application for land for an outpost camp, and the Department began seeking the most appropriate mechanism for making land available.

Under the Agreement government, in co-operation with the Nunavut Planning Commission, is responsible for developing a general monitoring plan for collecting and analyzing information on the long-term state and health of the ecosystem and the socio-economic environment in the Nunavut Settlement Area. In 1994-95, DIAND prepared a report on the present state of the environment in co-operation with the Nunavut Planning Commission Transition Team. The report gives a broad overview of existing information. In 1994-95, DIAND undertook several activities to enhance water quality and quantity studies respecting Inuit water rights which included the provision of ongoing support for 47 environmental monitoring stations; the investigation of contaminant levels in fish and water at Peter Lake; the publication and distribution of an information brochure; and the establishment of a data base on water quality. DIAND also carried out several projects related to Inuit-owned lands. On the initiative of NTI and the Kivalliq Inuit Association, the parties negotiated the Agreement for Exclusive Possession of Marble and Quartzite Islands. DIAND entered into discussions with NTI and the NTI Land Administration Department on existing third-party interests on Inuitowned lands. Finally, discussions continued with NTI respecting the transfer of fee simple title of Contwoyto Lake lands, as provided by Article 41 of the Agreement.

Defence

In early 1995, the Department of National Defence (DND) established the position of Director General, Aboriginal Affairs to act as a departmental focal point on Aboriginal issues. An implementation working group will assist the Director General in ensuring that all departmental obligations under comprehensive land claims agreements are identified and that DND implementation plans are developed accordingly. The DND implementation strategy for the Nunavut Agreement was drafted by March 51,1995, and is to be reviewed by departmental authorities prior to planned publication in 1995-96.

DND provided information to NTI on project training and exercises by Canadian Ranger patrols, cadets and southern-based Canadian military units in the Nunavut Settlement Area. In 1994-95, over 20 Canadian Ranger patrols participated in various exercises, some in conjunction with three sovereignty exercises conducted with southern-based military units, and some to conduct security checks of North Warning System installations. NTI has been involved in two DND projects in the Nunavut Settlement Area, the High Arctic Data Communication System and the Distant Early Warning Line clean-up. Discussions, initiated in 1994-95, to ensure Nunavut Inuit participation in the development of plans for each project will continue.

Legislation

In 1994-95, proposed Nunavut surface rights legislation was drafted. In 1995-96, DIAND will complete consultations on the legislation with NTI and, with respect to overlap areas, will consult with the Makivik Corporation. Introduction of the bill is expected in winter 1995-96. Plans for drafting a Nunavut resource management bill are also being put in place.

Federal Co-ordination of Implementation Activities

The Claims Implementation Branch of DIAND has responsibility for co-ordinating federal government activities to ensure that Canada meets its obligations under the Agreement. The Branch is also responsible for funding arrangements with the territorial government, NTI and all implementing bodies established by the Agreement.

During 1994-95, the Branch actively participated in Implementation Panel meetings including providing secretariat services to the Panel; directed the organization of the inaugural meetings of the transition teams and the Arbitration Board; obtained order-in-council approval for amendments to the Final Agreement as well as to the Implementation Contract; and, participated in a number of transition team meetings held throughout the Nunavut Settlement Area.

Implementation funding was provided during the reporting period as follows:

Nunavut Trust

Nunavut Tunngavik Incorporated

Nunavut Wildlife Management Board

Nunavut Water Board Transition Team

Nunavut Impact Review Board Transition Team

Nunavut Planning Commission Transition Team

Nunavut Arbitration Board

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Chapter 8 - Implementing Bodies

The Agreement provides for the establishment of implementing bodies to manage wildlife resources, conduct environmental impact assessments and reviews of development proposals, plan for land use, regulate water use, manage the Training Trust Fund, develop the Inuit Implementation Training Plan and settle disputes that may arise in the interpretation of the Agreement. The Agreement sets out the membership, functions and time frame of the establishment of these implementing bodies.

To date the Nunavut Wildlife Management Board, the Nunavut Implementation Training Committee and the Arbitration Board have been created to carry out some of these responsibilities. The Agreement provides for the creation of a planning commission, an impact review board and a water board through legislation by July 1995 to assume the remaining resource manage- ment responsibilities as institutions of public government. In the mean- time, transition teams have been established to develop administra- tive and information regimes on behalf of these future resource management boards in order that they be as operational as possible on creation.

Article 33.4 of the Agreement provides for the establishment of the Inuit Heritage Trust by Nunavut Tunngavik Incorporated to support, encourage and facilitate the conservation, maintenance, restoration and display of archaeological sites and specimens in the Nunavut Settlement Area. Article 32.3 of the Agreement provides for the establishment of the Nunavut Social Development Council by Nunavut Tunngavik Incorporated to promote Inuit involvement in the development of social and cultural policies and in the design of social and cultural programs and services, including the method of delivery, in the Nunavut Settlement Area. In addition, under the Agreement Nunavut Tunngavik Incorporated may designate an organization as responsible for any power, function or authority of a DIO under the Agreement.

In 1994-95, the Inuit Heritage Trust, the Nunavut Social Development Council and a number of DIOs were established. Their activities are described in the Nunavut Tunngavik Incorporated section.

The following describes more fully the activities during 1994-95 of the Arbitration Board, the Nunavut Wildlife Management Board, the Nunavut Implementation Training Committee and the transition teams established for the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Water Board. Appendix 2 lists the membership of each of these bodies.

8.1 Arbitration Board

The Arbitration Board, created under Article 38 of the Agreement, is designed to resolve disputes arising from the implementation of the Agreement. Board members may be called on to resolve disputes brought to them by the parties to the Agreement.

The nine members of the Nunavut Arbitration Board met for the first time on February 14 and 15,1995 to put in place the dispute resolution structures required under the Agreement. Andrew Tagak of Iqaluit was chosen by the members as the board chairperson and Elizabeth Copland of Whale Cove was chosen as vicechairperson.

8.2 Nunavut Wildlife Management Board

The office of the Nunavut Wildlife Management Board (NWMB) is established and in full operation. The Board is the main instrument of wildlife management in the Nunavut Settlement Area. Given the importance of wildlife to the people of the Nunavut Settlement Area, the workload of the Board is expected to increase.

The Board staffed the following positions in 1994-95: executive director, harvest study coordinator, bowhead knowledge study biologist, administrative officer, translator-interpreter, and clerk-receptionist.

Work began in 1994-95 on operating procedures to assist board members and staff in fulfilling their duties, to inform the public about board operations and to ensure that other agencies can interact productively with the Board. They are expected to be approved for distribution in early 1995-96.

Nunavut Wildlife Harvest Study

The Nunavut Wildlife Harvest Study is a major task of the Board. The results of the study will be used to establish basic needs levels for beneficiaries, and to assist in the development of total allowable harvest levels for wildlife stocks.

A steering committee composed of representatives from Regional Wildlife Organizations and government was established and held three meetings in 1994-95. A harvest study coordinator, Carol Churchward, was hired in November, and Dr. Fikret Birkes of the University of Manitoba was contracted to design the study for the Board.

Bowhead Knowledge Study

The NWMB is required under Article 5.5.2 of the Agreement to carry out an Inuit knowledge study to record sightings, location and concentrations of Bowhead whales within the Nunavut Settlement Area. A Bowhead knowledge study biologist, Keith Hay, was hired in 1994-95.

Under the guidance of the Bowhead Knowledge Study Committee, established and supervised by the NWMB, the planning and design phase of the study has been completed. Interviewers have been selected and trained, and the study is in progress in 10 communities. The first interviews will be transcribed, translated and analyzed, and an interim report available by November 1995. The Board will use these initial results, along with other scientific studies, to establish a total allowable harvest for bowheads as required under Article 5.6.18 of the Agreement.

Southeast Baffin Beluga Co-management Plan

The Southeast Baffin Beluga Co-management plan was presented to the NWMB at its May-June meeting in Taloyoak. It was endorsed by the Board, and implementation continues. The recommended quota structure for Pangnirtung, Iqaluit and Lake Harbour will continue until 1999, at which time it will be reviewed. The Board is planning to form a standing committee to deal with the issue of quota structures.

Walrus Management Planning Initiative

In response to requests from communities that they be allowed to conduct sports hunts of walrus as economic ventures, the board approved a pilot project to conduct a sport hunt in the summer of 1995 in Igloolik. The Board also convened a planning workshop in March 1995 to begin developing a management plan for walrus.

Basic Needs Levels

Under Article 5.6.25 of the Agreement, the NWMB is required to establish basic needs levels for beluga, narwhal and walrus within one year of the establishment of the Board. Given delays in establishing the NWMB, the Board requested and received a oneyear extension. The Board has requested that the Department of Fisheries and Oceans assist it in devising a process for establishing basic needs levels for these species.

NWMB Funded Research

The Board has a Wildlife Research Trust Fund with which to fund research by government departments. Application procedures and evaluation criteria are being devised. The following projects were funded in 1994-95:

Description

Funding
($000)

Agency

South Baffin Caribou Survey Aerial survey

50.0

Department of Renewable Resources (TG)

Southeast Baffin Beluga Committee Completion of a comanagement plan

25.5

Department of Fisheries and Oceans (Canada)

Victoria Island Caribou Survey Aerial survey

70.0

Department of Renewable Resources (TG)

Beverly Caribou Survey Aerial survey

15.0

Department of Renewable Resources (TG)

South Hudson Bay Polar Bear Polar bear surveying and tracking

54.7

Canadian Wildlife Service (Canada)

Traditional Ecological Knowledge and Management Systems Study Collection of traditional environmental knowledge in Hudson Bay

75.0

Traditional Environmental Knowledge and Management Systems, Sanikiluaq

Birds of Nunavut Completion and publication of a guidebook

40.0

Baffin Divisional Board of Education (TG)

8.3 Nunavut Implementation Training Committee

The Nunavut Implementation Training Committee (NITC) oversaw several activities and initiatives in 1994-95.

In July 1994, the NITC offices were relocated from Ottawa to Rankin Inlet. This new location has enabled the NITC to be in more regular contact with several of the implementing bodies it serves. Local staffing was undertaken immediately after the relocation, and all fulltime staff arc now Inuit from Nunavut. Advisory and project services are contracted as needed.

The Inuit Implementation Training Study was completed and copies were distributed to all concerned Inuit and government parties. The study identified land management, board development and organizational management as immediate priority training areas to be addressed by the NITC.

An exciting project during 1994-95 was the establishment of the Nunavut Beneficiaries Scholarships. Financial support from Nunasi Corporation, Arctic Cooperatives Limited, the Northwest Territories Cooperative Business Development Fund, NTI, the Kitikmeot Inuit Association, the Kivalliq Inuit Association and the NITC Incorporated enabled 65 Inuit from Nunavut to enrol in professional diploma and degree programs at colleges and universities throughout Canada.

In keeping with the NITC philosophy that sound training must be based on wellprepared organizational plans reflecting operational realities, the NITC has actively assisted the NTI Implementation Office in working with Regional Inuit Associations (RIAs) to prepare designation and implementation work plans and schedules. These work plans and schedules will be important in determining training priorities and in scheduling and allocating resources in the context of the Implementation Training Plan.

During 1994-95 the NITC undertook several training support and direct delivery activities which included:

supporting lands personnel from NTI and the RIAs to attend four training workshops and seminars in preparation for the development and management of geographical information systems in Nunavut;

Direct delivery activities included:

development and delivery of the Inuit Resource Management Certificate Program. As a professional level accredited program of the College, this Program is designed to enable participants to develop skills and gain knowledge in specialized areas such as field inspection and lands management. The Program is scheduled to begin in August 1995, and the delivery of classes and related learning activities will be rotated throughout Nunavut using the campuses of Nunavut Arctic College. Participation is open to any individual working in the lands and resources area.

8.4 Nunavut Planning Commission Transition Team

The Nunavut Planning Commission Transition Team is responsible for laying the groundwork for the establishment of the Nunavut Planning Commission (NPC).

Members of the team were appointed in October 1994 from nominations from NTI, the territorial and federal governments. Appointed to the transition team at that time were Bobby Lyall (nominated as chairperson), David Mablick, Edna Elias, Tongola Sandy, Akalayok Qavavau, John Ningeongan and Bob Aknavigak.

In early 1995, NPC Transition Team members, along with representatives of other transition teams, began examining how all the implementing bodies created under the Agreement would work together. This led to the creation of the Land and Resource Transition Team Chairpersons' Study Team, composed of the acting chairpersons of the Nunavut Planning Commission, Nunavut Impact Review Board and Nunavut Water Board transition teams: Bobby Lyall, Larry Aknavigak and Thomas Kudloo respectively.

The Chairpersons' Study Team has dratted a procedures manual. The NPC Transition Team is also co-ordinating the establishment of a resource centre for use by the institutions of public government in the Nunavut Settlement Area.

The NPC Transition Team held a number of community meetings and workshops to discuss land use issues and concerns in the West Kitikmeot region. In February 1995, more than 60 people gathered in Cambridge Bay to talk about marine transportation issues. The information gathered from this and other planned consultation exercises will be used by the NPC when it is established.

8.5 Nunavut Impact Review Board Transition Team

The Agreement provides for the establishment of the Nunavut Impact Review Board (NIRB) to screen project proposals, measure and define the impacts of projects, review the ecosystem and socio-economic impacts of project proposals, determine whether projects should proceed and monitor projects that do proceed.

In 1994-95, a transition team was established to lay the foundation for the eventual establishment of the NIRB. The Team first met in January 1995 in Cambridge Bay. Team members are Leona Aglukkaq, Kane Tologanak and Larry Aknavigak, all of Cambridge Bay; Elizabeth Copland of Whale Cove; Duncan At that first meeting, the transition team members:

Millie Evalik was hired as the office manager in January 1995.

The transition team held two additional meetings in 1994-95, in Yellowknife in February and in Rankin Inlet in March 1995. The acting chairperson developed a detailed work plan for the next 12 months, Emphazing traininging for team members. Team members are also preparing an operations manual, and expect to hire a director of operations.

In summary, the NIRB Transition Team is progressing in accordance with its work plan. Team members are looking forward to continuing work with the Implementation Panel, NTI, DIOs, other implementing bodies established under the Agreement and the federal and territorial governments.

8.6 Nunavut Water Board Transition Team

The Nunavut Water Board (NWB) will be established under the Agreement as an institution of public government with responsibilities and powers over the regulation, use and management of water in the Nunavut Settlement Area.

The members of the NWB Transition Team spent their first few months learning and preparing for the success of the team. Progress to date has been slow but steady, and with the establishment of a head office in Gjoa Haven should continue as planned.

The Transition Team is composed of Thomas Kudloo of Baker Lake (acting chairperson), Rosie Okpik of Pangnirtung (vice-chairperson), Joseph Aglukkaq of Gjoa Haven (treasurer), Peter Kattuk of Sanikiluaq, Frank Ipakohak of Coppermine, George Porter of Gjoa Haven, and Kono Tattuninee of Arviat. Thomas Kudloo, the acting chairperson, is also represented on the Land and Resource Transition Team. Chairpersons1 Study Team.

The Transition Team held its first meeting in January 1995 in Cambridge Bay, at which time the executive was chosen. Additional meetings and workshops were held in Yellowknite in February and in Rankin Inlet in March 1995. An office manager, Ben Kogvik was hired for the Gjoa Haven office as well as a consultant, Wayne Bryant, who is working out of Yellowknife.






Appendix 1: Glossary of Acronyms and Initialisms

BRIA

Baffin Regional Inuit Association

DFO

Department of Fisheries and Oceans

DIAND

Department of Indian Affairs and Northern Development

DIO

Designated Inuit Organization

DND

Department of National Defence

HTO

Hunters and Trappers Organizations

IHT

Inuit Heritage Trust

IIBA

Inuit Impact and Benefit Agreement

NEBP

Nunavut Elders Benefit Plan

NIRB

Nunavut Impact Review Board

NITC

Nunavut Implementation Training Committee

NPC

Nunavut Planning Commission

NSDC

Nunavut Social Development Council

NTI

Nunavut Tunngavik Incorporated

NWB

Nunavut Water Board

NWMB

Nunavut Wildlife Management Board

PWGSC

Public Works and Government Services Canada

RIA

Regional Inuit Association

RWO

Regional Wildlife Organization

SRT

Surface Rights Tribunal

TG

Territorial Government






Appendix 2: Membership of Implementing Bodies

Nunavut Arbitration Board

Andrew Tagak, Chairperson
Elizabeth Copland, Vice-chairperson
Anne Crawford
Keith Crowe
Violet Mac Ford
Letha I. MacLachlan
David T. McCann
Edward Picco
Robert Stanbury

Nunavut Implementation Training Committee

Wilfred Wilcox, Chairperson
Fred Nowicki
Leena Evic Twerdin
Peter Kritiqliluk
Joy Suluk
Conrad Pilon
Mary Wilman

Nunavut Wildlife Management Board

Ben Kovic, Chairperson
Joannie Ikkidluak
David Aglukark
David Igutsaq
Malachi Arrcak
Gordon D. Koshinsky
Kevin J. McCormick
J.M.A. Theriault
Marius Tungilik

Makivik Corporation Nominees

Daniel Epoo
Jackie Koneak

Nunavut Planning Commission Transition Team

Bobby Lyall, Acting chairperson
Bob Aknavigak
Tongola Sandy
Edna Elias
David Mablick
Agalayok Qavavau
John Ningeongan
(resigned November 19,1994)

Nunavut Impact Review Board Transition Team

Larry Aknavigak, Acting chairperson
Kane Tologanak
Ruby Arngn'naaq
Leona Aglukkaq
Micah Arreak
Elizabeth Copland
Duncan Cunningham

Nunavut Water Board Transition Team

Tom Kudloo, Acting chairperson
George Porter
Kono Tattuninee
Frank Ipakohak
Joseph Aglukkaq
Peter Kattuk
Rose Okpik










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