1.1.1 The following definitions apply in the Agreement.
"Aboriginal people" means an Aboriginal people of Canada within the meaning of section 35 of the Constitution Act, 1982.
"Aboriginal person" means a member of an Aboriginal people.
"Aboriginal right" means an Aboriginal right within the meaning of section 35 of the Constitution Act, 1982.
"Agreement" means this land claims and self-government agreement.
"band member" means a person whose name is entered on a band membership list or who is entitled to have his or her name entered on a band membership list and is the subject of an application for entry that has not been withdrawn.
"band membership list" means a list, maintained by the Department of Indian Affairs and Northern Development, of the members of the Dog Rib Rae band, the Wha Ti First Nation band, the Gameti First Nation band or the Dechi Laot'i First Nations band.
"bank" of a body of water means the limit or edge of its bed.
"bed" of a body of water means the land covered so long by water as to wrest it from vegetation, or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself.
"burial site" means land containing human remains or land in which evidence of such remains are found.
"child" means a person less than the age of majority under legislation.
"child and family services" means services for
- the protection of children from abuse, neglect, harm and any threat thereof, where the primary objective is the safety and well-being of children, having due regard for
- any need for intervention,
- the support of families and care givers to provide a safe environment,
- the support of kinship ties and a child's attachment to the extended family, and
- the culture and customs of the Tlicho First Nation; and
- the promotion of well-functioning families and of community life.
- the maintenance of the integrity of ecosystems by measures such as the protection and reclamation of wildlife habitat and, where necessary, restoration of wildlife habitat; and
- the maintenance of vital, healthy wildlife populations capable of sustaining harvesting under the Agreement.
- the provision, to the person or group to be consulted, of notice of a matter to be decided in sufficient form and detail to allow that person or group to prepare its views on the matter;
- the provision of a reasonable period of time in which the person or group to be consulted may prepare its views on the matter, and provision of an opportunity to present such views to the person or group obliged to consult; and
- full and fair consideration by the person or group obliged to consult of any views presented.
"contaminated site" means a site where persons have abandoned or disposed of substances of such a nature and in such a manner, quantity or concentration that the substances constitute or are likely to constitute a danger to human life or health or to the environment.
"Crown lands" means lands belonging to Her Majesty in right of Canada.
"date of the Agreement" means the date on which the Agreement is signed by the representatives of the executive of the Dogrib Treaty 11 Council and government.
"developer" means a person or government engaged in a project, including a community, Aboriginal, territorial or federal government.
"direct taxation" has the same meaning, for the purpose of distinguishing between a direct tax and an indirect tax, as in class 2 of section 92 of the Constitution Act, 1867.
"Dogrib Treaty 11 Council" includes any successor organization.
"edible parts" includes, in relation to wildlife, those parts traditionally consumed by Aboriginal peoples for food.
"effective date" means the date on which both territorial and federal settlement legislation have come into force.
"Eligibility Committee" means the Committee referred to in 3.2.
"eligible voter" means, for the purpose of the ratification vote referred to in 4.2.1(b), a legally competent person
- who will be at least 19 years of age before the final date of the vote;
- is, on the date of application or appeal to be put on the Voters List, a band member,
- is of Aboriginal ancestry who resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and who received Treaty 11 benefits,
- was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a person described in (ii), or
- is a descendant of a person described in (ii) or (iii); and
- who is not, on the date of application to be put on the Voters List, enrolled under another land claims agreement.
"environment" means the physical environment, including air, land, water, wildlife and heritage resources, and the social and cultural environment, including harvesting of wildlife, plants and trees.
"excess mineral revenues" means the amount by which the revenues the Tlicho Government received in a given year from minerals, other than specified substances, on Tlicho lands exceeded the average per capita income of the Northwest Territories multiplied by the number of Tlicho Citizens in that year.
"expropriating authority" means the Government of Canada or the Government of the Northwest Territories or any other authority authorized by legislation to expropriate land or an interest in land, but does not include the Tlicho Government.
"expropriation" means the compulsory taking of lands or any interest in land.
"federal legislation" means legislation of the Parliament of Canada or legislation made thereunder, but does not include territorial legislation.
"fish" means fish as defined in the Fisheries Act.
"forest management" includes forest conservation, forest fire control, timber management, reforestation, silviculture and management of a forest for wildlife and recreation.
"furbearers" means the following species: beaver (Castor canadensis); white fox or arctic fox (Alopex lagopus); river otter (Lutra canadensis); lynx (Lynx lynx); marten (Martes americana); fisher (Martes pennanti); striped skunk (Mephitis mephitis); ermine (Mustela erminea); least weasel (Mustela nivalis); mink (Mustela vison); muskrat (Ondatra zibethicus); red, cross, black and silver fox (Vulpes vulpes); wolverine (Gulo gulo); wolf (Canis lupus); coyote (Canis latrans); woodchuck (Marmota monax); and red squirrel (Tamiasciurus hudsonicus).
"future land claims agreement" means a land claims agreement that may be concluded after April 1, 2003, between government and an Aboriginal people of Canada other than the Tlicho First Nation.
"gas" means natural gas and includes all substances, other than oil, that are produced in association with natural gas.
- the Government of Canada;
- the Government of the Northwest Territories or its successor or successors; or
depending upon which government or governments have responsibility, from time to time, for the matter in question, and includes any department, agency or official of such a government.
"Gwich'in land claims agreement" means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich'in signed on April 22, 1992.
"Gwich'in settlement area" means the area defined as "settlement area" in the Gwich'in land claims agreement.
"harvesting" means, in relation to wildlife, hunting, trapping or fishing and, in relation to plants or trees, gathering or cutting.
"heritage resource" means
- a site with archaeological, historical or cultural significance and includes a burial site; or
- an artifact, object or record of historical or cultural significance and includes human remains and associated grave goods found in a burial site.
"implementation plan" means the plan developed by government and the Dogrib Treaty 11 Council that is referred to in chapter 5.
"independent regulatory agency" means a body established by legislation which, in the exercise of regulatory or licensing powers, is not subject to specific control or direction by government notwithstanding that it may be subject to general direction whether by guidelines, regulations or directives, or that its decisions may be subject to approval, variance or rescission by government and, for greater certainty, does not include the Tlicho Government.
"initial enrolment period" means a period ending two years after the effective date.
"intellectual property" means any intangible property right resulting from intellectual activity in the industrial, scientific, literary, or artistic fields, including, but not limited to, any right relating to patents, copyrights, trademarks, industrial designs, or plant breeders' rights.
"land claims agreement" means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 and includes an agreement to implement Treaty 8 or 11.
"land right" means any right that relates to or directly or indirectly affects lands, waters, wildlife or other natural resources, and includes any right that might otherwise not be considered to be a land right, but only to the extent such right relates to or directly or indirectly affects lands, waters, wildlife or other natural resources.
"law of Canada" means legislation and the common law.
"legislation" means federal or territorial legislation and, for greater certainty, includes regulations but does not include Tlicho laws.
"legislation of general application" means legislation that, in relation to its application to
- individuals, does not apply only to Tlicho Citizens;
- representative institutions, does not apply only to the Tlicho Government; and
- land, water and other natural resources, does not apply only to the Tlicho lands, or to waters or other resources on or in those lands.
"Mackenzie Valley" comprises the Northwest Territories exclusive of the areas within Wood Buffalo National Park and the Inuvialuit Settlement Region, as that Region is defined in the agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act.
"Mackenzie Valley Environmental Impact Review Board" means the board referred to in 22.2.2.
"mineral" means a precious or base metal or other non-living, naturally occurring substance that is, or was, before production, part of land, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water.
"mining right" means a right or interest in minerals that are still part of the land, other than specified substances, or a right to explore for or produce minerals other than specified substances.
"Minister" means the Minister of the Government of Canada or of the Government of the Northwest Territories, as the context requires, responsible for the subject matter referred to.
"Monfwi Gogha De Niitlee" comprises the area described in part 1 of the appendix to this chapter.
"Monfwi Gogha De Niitlee (NWT)" means that part of Monfwi Gogha De Niitlee within the Northwest Territories.
"monument" means a device used by a surveyor to mark a boundary in a survey.
"national park" means an area identified as a national park of Canada that is described in a schedule to the Canada National Parks Act.
"National Park Committee" means a committee established in accordance with 15.3.1.
"navigable" means, with respect to a river, lake or other body of water, capable of navigation by boat or other water craft for commercial or non-commercial purposes.
"Norman Wells Proven Area" means the area described in Schedule "A" to the Proven Area Agreement.
"NTS mapsheets" means National Topographic System mapsheets produced by the Government of Canada.
"Nunavut Agreement" means the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada signed on May 25, 1993.
"oil" means crude oil, regardless of gravity, produced at a wellhead in liquid form and any other hydrocarbons except gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits.
"Parties" means the Parties to the Agreement, namely the Tlicho, as represented by the Tlicho Government, the Government of the Northwest Territories and the Government of Canada.
"permanent resident of Canada" means a person who has the status of a permanent resident of Canada under the Immigration Act.
"plants" means flora, other than trees, in a wild state and includes fungi and algae in a wild state.
"project" means an undertaking, or extension thereof, on land or water and includes the establishment of a national park, a national historic park or site or a territorial park. "proponent" means, for the purpose of 10.6, government or the holder of an interest in land or an authorization to use land.
"protected area" means a site or area of land under the administration and control of and protected by government including such a site or area that is a site with archaeological significance, a historic park or site, a territorial park, a game reserve, a sanctuary, a migratory bird sanctuary or other area established for the protection of wildlife and wildlife habitat, but does not include a national park.
"Proven Area Agreement" means the agreement dated July 21, 1944 between Imperial Oil Limited and His Majesty in Right of Canada, as amended and renewed from time to time.
"Register" means the Tlicho Citizens Register published initially by the Eligibility Committee under 3.3.1(e), as amended from time to time in accordance with 3.4.
"registrar" means, in relation to the Register,
- until the designation of a registrar by the Tlicho Government under 3.2.2, the Eligibility Committee; or
- the registrar designated by the Tlicho Government under 3.2.2.
"royalty" means any payment, whether in money or in kind, in respect of production of a resource in, on or under the Mackenzie Valley, including the Norman Wells Proven Area, paid or payable to government because the Crown is the owner of the resource prior to the production of the resource, including without limiting the generality of the foregoing, the payment to government under the Frontier Lands Petroleum Royalty Regulations passed pursuant to the Canada Petroleum Resources Act but, for greater certainty, does not include any payment, whether in money or in kind,
- to government as owner or part owner of the produced resource, including without limiting the generality of the foregoing, the payment to government pursuant to clause 18 of the Proven Area Agreement;
- by way of transfer between governments;
- for a service;
- for the issuance of a right or interest; or
- for the granting of an approval or authorization.
"Sahtu settlement area" means the area defined as "settlement area" in the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Métis signed on September 6, 1993.
"settlement legislation" means the legislation referred to in 4.3.1(c) and 4.3.2(b) that provides the Agreement is approved, given effect and declared valid.
"specified substances" means carving stone, clay, construction stone, diatomaceous earth, earth, flint, gravel, gypsum, limestone, marble, marl, ochre, peat, sand, shale, slate, sodium chloride, soil and volcanic ash.
"Surface Rights Board" means the board referred to in 6.6.1.
"Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized, by the Minister of the Government of Canada responsible for Canada Lands surveys, to carry out the duties of the Surveyor General.
"territorial legislation" means legislation made by the Northwest Territories legislative assembly or legislation made thereunder.
"territorial park" means an area established under the Territorial Parks Act. "Tlicho" means the Aboriginal people that,
- in 1921, was comprised of the persons represented by Chief Monfwi, along with Headmen Jermain and Beaulieu, at the signing of Treaty 11 at Fort Rae on August 22, 1921;
- at the time of the ratification vote referred to in 4.2.1(b), was comprised of every person who
- was, at that time, a band member,
- was of Aboriginal ancestry, resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and received Treaty 11 benefits,
- was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a person described in (ii), or
- was a descendant of a person described in (ii) or (iii); and
- after the effective date, is comprised of all Tlicho Citizens.
"Tlicho burial site" means a burial site that contains or might contain the remains of a Tlicho person, or an ancestor of a Tlicho person, or for which there is evidence that the site did or might have contained such remains, and includes sites indicated as Tlicho burial sites under 17.1.5.
"Tlicho Citizen" means a person whose name is on the Register.
"Tlicho community" means the community of Behchoko (Rae-Edzo), Whati (Lac La Martre), Gameti (Rae Lakes) or Wekweeti (Snare Lake).
"Tlicho community lands" means, in relation to a Tlicho community, the lands in that community other than any parcel to which the Tlicho community government does not hold the fee simple interest.
"Tlicho Constitution" means the Constitution of the Tlicho Government referred to in 7.1.
"Tlicho First Nation" means the Aboriginal people comprised of all Tlicho Citizens.
"Tlicho Government" means the government of the Tlicho First Nation established in accordance with chapter 7.
"Tlicho heritage resource" means a heritage resource which relates to the history or culture of the Tlicho First Nation.
"Tlicho lands" means the lands
- vested in the Tlicho Government under 18.1.1; or
- in which the fee simple interest is held by the Tlicho Government, if the lands were conveyed to it under 9.5.1 or if the lands have become Tlicho lands under 18.1.10, 20.4.10 or 20.4.12,
but does not include lands that have been the subject of a conveyance under 9.5.2 or 18.1.6 or of an expropriation where the Tlicho Government no longer holds the fee simple interest in the lands or where any other person holds the fee simple interest to any minerals that may be found within, upon or under the lands.
"Tlicho law" means a law enacted by the Tlicho Government.
"Tlicho person" means a person
- of Aboriginal ancestry who resided in and used and occupied any part of Monfwi Gogha De Niitlee on or before August 22, 1921 and who received Treaty 11 benefits, or a descendant of such person;
- who is a band member, or a descendant of such person; or
- who was adopted as a child, under the laws of any jurisdiction or under any Tlicho custom, by a Tlicho person within the meaning of (a) or ( b) or by a Tlicho Citizen, or is a descendant of any such adoptee.
"total allowable harvest level" means, in relation to a population or stock of wildlife, the total amount of that population or stock that may be harvested annually.
"trade" means to barter or buy.
"treaty" means a treaty within the meaning of section 35 of the Constitution Act, 1982.
"Treaty 11 right" means a right under Treaty 11 signed at Fort Rae on August 22, 1921.
"tree" means a woody, perennial plant generally with a single well-defined stem and a more or less definitively formed crown which is found in a wild state in the Northwest Territories, including
- Pinus species including Jack Pine and Lodge Pole Pine;
- Larix species including Tamarack;
- Picea species including White Spruce and Black Spruce;
- Abies species including Alpine Fir;
- Salix species including Beaked Willow and Pussy Willow;
- Populus species including Trembling Aspen and Balsam Poplar;
- Betula species including White Birch, Alaska Birch and Water Birch;
- Alnus species including Speckled Alder and Mountain Alder; and
- Prunus species including Choke Cherry and Pin Cherry.
"Voters List" means the list produced under 4.6.1.
"waste" in relation to the deposit of waste, has the same meaning as in the Northwest Territories Waters Act.
"water" includes ice.
"waterfront lands" means a strip of lands 31 metres wide measured inland from the bank of a navigable river or other navigable water body that can be entered from a navigable river.
"Wekeezhii" comprises the area described in part 2 of the appendix to this chapter.
"Wekeezhii Land and Water Board" means the board referred to in 22.3.2.
"Wekeezhii Renewable Resources Board" means the board established by 12.1.2.
"wildlife" means all ferae naturae in a wild state including fish, mammals and birds.