Northwest Territories Land and Resources Devolution Agreement

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Made with effect as of this 25th day of June, 2013

Among

The Government of Canada as represented by the Minister of Indian Affairs and
Northern Development (hereinafter referred to as "Canada")

and

The Government of the Northwest Territories as represented by the Premier
(hereinafter referred to as the "GNWT")

and

The Inuvialuit Regional Corporation
(hereinafter referred to as the "IRC")

and

The Northwest Territory Métis Nation
(hereinafter referred to as the "NWTMN")

and

The Sahtu Secretariat Incorporated
(hereinafter referred to as the "SSI")

and

The Gwich'in Tribal Council
(hereinafter referred to as the "GTC")

and

The Tłıchǫ Government
(hereinafter referred to as the "Tłıchǫ Government")

Whereas, Canada wishes to devolve the administration and control of public lands, resources, and rights in respect of waters in the Northwest Territories to the Commissioner of the Northwest Territories.

And whereas, such devolution shall be effected in a manner that establishes a framework for a cooperative and coordinated management regime for lands, resources and rights in respect of waters in the Northwest Territories in which the Government of the Northwest Territories and Aboriginal peoples of the Northwest Territories participate.

And whereas, such devolution shall be effected in a manner that respects existing rights in respect of lands, resources and waters in the Northwest Territories and minimizes disruption to the management of public lands, resources and rights in respect of waters in the Northwest Territories.

Now therefore, in consideration of the premises and the agreements of the Parties herein, the Parties hereby agree as follows:

Chapter 1
Definitions and Interpretation

Definitions

1.1 Unless otherwise provided, in this Agreement and any schedule attached hereto:

  • "Abandoned Site" means a site at which an Alteration has occurred and in respect of which there is no Operator.
  • "Abandoned Oil and Gas Sump or Well Site" means a site containing an Oil and Gas Sump, an Oil and Gas Well, or both an Oil and Gas Sump and an Oil and Gas Well, in respect of which there is no Operator at the Transfer Date.
  • "Abandoned Operating Site" has the meaning ascribed to it in section 6.11.
  • "Aboriginal Organization"means,
    • a governing body representing an Aboriginal people of the Northwest Territories that is established by or operating under a Self-Government Agreement; or
    • a body representing an Aboriginal people of the Northwest Territories which,
      • has concluded a Settlement Agreement;
      • has concluded a treaty land entitlement agreement; or
      • is participating in a formal process with the Crown for the negotiation of a land claim agreement, land and resources agreement, treaty land entitlement agreement, treaty, or Self-Government Agreement.
  • "Aboriginal Party" means an Aboriginal Organization that is a Party.
  • "Adjoining Area" has the same meaning as ‘adjoining area' in section 2 of the Yukon Act (Canada).
  • "Affected Federal Employee" means a full-time or part-time indeterminate employee of Canada who has been issued a Notice of Alternative Delivery Initiative pursuant to section 7.10.
  • "Agreement" means this Northwest Territories Lands and Resources Devolution Agreement.
  • "Alteration" means any component of a site, including any construction, work or substance added to or deposited on a site and any alteration of the natural condition of a site, resulting from authorized or unauthorized human activities.
  • "Alteration Requiring Remediation" means an Alteration which has been determined to require Remediation based on the Standards.
  • "Appointed Employee" means an Affected Federal Employee who accepts, in accordance with section 7.12, the GNWT written offer of employment referred to in section 7.6.
  • "Appraisal Expert" means a person with expertise in determining the value of improvements to land on a basis similar to the determination of the Improvement Value.
  • "Business Day" means a day that is not a Saturday, a Sunday or a statutory holiday in Quebec, Ontario or the Northwest Territories.
  • "CCME Guidelines" means the most recent Canadian Environmental Quality Guidelines, developed and approved from time to time by the Canadian Council of Ministers of the Environment.
  • "Commissioner" means the Commissioner of the Northwest Territories appointed pursuant to the Northwest Territories Act (Canada).
  • "Commissioner's Lands" means lands belonging to Her Majesty in right of Canada that are under the administration and control of the Commissioner immediately prior to the Transfer Date.
  • "Consult"means:
    • to provide to the party to be consulted notice of a matter to be decided in sufficient form and detail to allow that party to present its views on the matter;
    • the provision of a reasonable period of time in which the party to be consulted may prepare its views on the matter, and provision of an opportunity to present such views to the party obliged to consult; and
    • full and fair consideration of any views presented by the party consulted in advance of a decision on the matter.
  • "DIAND" means the Department of Indian Affairs and Northern Development.
  • "Encumbering Right" means a right in respect of Settlement Lands referred to in section 7(94) of the Inuvialuit Final Agreement, section 18.5 of the Gwich'in Agreement, section 19.5 of the Sahtu Agreement, section 18.6 of the Tłıchǫ Agreement and any similar right administered by Canada or the GNWT pursuant to similar terms of any other Settlement Agreement.
  • "Excepted Waste Site" means any site listed in Part C of the Inventory of Sites or any site which meets the criteria set out in section 6.15 or 6.16.
  • "Existing Interest"means:
    • any right or interest that exists immediately prior to the Transfer Date under a provision of federal Legislation which is repealed or rendered inapplicable to such right or interest by an Act of Parliament implementing this Agreement;
    • any right or interest that exists immediately prior to the Transfer Date under an access order, permit, licence or other authorization, lease or agreement for lease or sale issued, granted or otherwise secured under a provision of federal Legislation which is repealed or rendered inapplicable to such right or interest by an Act of Parliament implementing this Agreement; or
    • any right or interest which is a renewal, replacement or successor of a right or interest referred to in paragraph (i) or (ii) where a right to such renewal, replacement, or successor right or interest exists immediately prior to the Transfer Date, 

      and for greater certainty, includes any right or interest referred to in paragraph (i), (ii) or (iii) above that is an Encumbering Right.

  • "FDDIPI" means the Final Domestic Demand Implicit Price Index for Canada published by Statistics Canada.
  • "Federal Agent Corporation" means an "agent corporation" as defined in subsection 83(1) of the Financial Administration Act (Canada).
  • "Federal Appurtenant Undertaking"means any appurtenant undertaking in relation to a water licence which is:
    • related to Remediation performed by or on behalf of Canada pursuant to this Agreement;
    • related to Remediation performed by or on behalf of Canada in respect of an Excepted Waste Site; and
    • on lands under the administration and control of Canada.
  • "Federal Building" means a non-residential building under the administration and control of either Public Works Canada or DIAND including the parcel of land upon which the building is situated.
  • "Federal Compensation" means the sum of the dollar value of an Affected Federal Employee's Federal Salary, Federal Employer Pension Contribution, Federal Vacation Leave Value, and the environmental allowance, cost of living differential allowance, shelter cost differential allowance, fuel and utilities differential allowance and vacation travel assistance allowance components of the National Joint Council Isolated Post and Government Housing Directive (Canada) in effect at the date the written offer of employment referred to in section 7.6 is made and calculated on the basis of that employee's location and number of dependants on that date.
  • "Federal Department"means:
    • a department named in Schedule I to the Financial Administration Act (Canada);
    • a division or branch of the federal public administration named in Schedule I.1 to the Financial Administration Act (Canada); or
    • a "departmental corporation" as defined in section 2 of the Financial Administration Act (Canada).
  • "Federal Employer Pension Contribution" means the projected annual employer contribution to the Public Service Pension Plan that would have been made by Canada in respect of an Appointed Employee for the year beginning on the Transfer Date if that Appointed Employee would have remained a federal employee.
  • "Federal Salary" means the salary, including any supervisory differential and any salary equalization adjustments, paid by Canada to an Affected Federal Employee at that employee's substantive level of appointment, as defined in the Policy on Terms and Conditions of Employment (Canada), and as set out in collective agreements between the Treasury Board of Canada and federal public service sector unions, or, for an unrepresented, excluded or executive Affected Federal Employee, means the salary paid by Canada to that employee at that employee's substantive level of appointment, as defined in the Policy on Terms and Conditions of Employment (Canada), and as determined by the Treasury Board of Canada.
  • "Federal Service" means the period of service with Canada which is recognized by Canada for the purposes of calculating an entitlement to a particular benefit immediately prior to the Transfer Date.
  • "Federal Term Employee" means a full-time or part-time employee of Canada who is appointed for a specified period of time and whose employment ceases at the expiration of that specified period.
  • "Federal Vacation Leave Value" means the dollar value of the number of hours of vacation leave an Appointed Employee would have been entitled to as a federal employee for the year beginning on the Transfer Date based on that employee's Federal Salary.
  • "Gas" means natural gas including coal-bed methane and all substances produced in association with natural gas.
  • "GNWT Collective Agreement" means the collective agreement between the GNWT and the Union of Northern Workers in effect from time to time.
  • "GNWT Compensation" means the sum of the dollar value of the applicable GNWT Salary, Northern Allowance, GNWT Vacation Leave Value, and GNWT Employer Pension Contribution.
  • "GNWT Employer Pension Contribution" means the projected annual employer contribution to the Public Service Pension Plan that will be made by the GNWT in respect of an Appointed Employee for the year beginning on the Transfer Date.
  • "GNWT Salary" means the salary derived from the applicable step of the applicable pay range determined by the evaluation of the employee's position under the GNWT Terms of Employment and taking into account the years of relevant experience of that employee.
  • "GNWT Terms of Employment" means the terms of employment applicable to GNWT employees including, as the case may be, the terms of employment set out in the GNWT Collective Agreement, the GNWT Excluded Employees' Handbook, the GNWT Senior Managers' Handbook, the Public Service Act (NWT), and any other applicable collective agreement, GNWT human resource policies, or territorial legislation, as any of the foregoing may exist from time to time.
  • "GNWT Transition Allowance" means a non-pensionable payment of money to an Appointed Employee in an amount necessary to ensure that the sum of GNWT Compensation and the amount of such allowance is equal to the Federal Compensation of that Appointed Employee.
  • "GNWT Vacation Leave Value" means the dollar value of the number of hours of vacation leave an Appointed Employee is entitled to for the year beginning on the Transfer Date based on that employee's GNWT Salary.
  • "Gwich'in Agreement" means the land claims agreement between Her Majesty the Queen in right of Canada and the Gwich'in signed on April 22, 1992 and given effect by the Gwich'in Land Claim Settlement Act (Canada), as that agreement is amended from time to time in accordance with its terms.
  • "Implementation Plan" means the implementation plan defined in Section 11.1 and attached as Schedule 15 pursuant to Chapter 11.
  • "Improvement Value" means a determination of the fair actual value of the improvement, at the time Canada takes, or has relinquished to it, administration and control of the land, calculated in accordance with the method for calculating the fair actual value of improvements to land set out in territorial Legislation of general application relating to the assessment of taxes on real property in the Northwest Territories.
  • "Interim Agreement" means an agreement listed on the list of Interim Agreements in Schedule 3, and any other agreement, whether legally binding or not, between or among Canada, the GNWT and an Aboriginal party which sets out processes relating to land, water or resource management in the Northwest Territories intended as interim measures while negotiating towards the conclusion of a final agreement with that Aboriginal party.
  • "Insolvency Event"means the occurrence of any of the following events:
    • an Operator:
      • files a voluntary application for a bankruptcy order or files any proposal or notice of intent to file a proposal, or files any application or otherwise commences any action or proceeding seeking reorganization, arrangement, consolidation or readjustment of its debts or securities or which seeks to stay or has the effect of staying, any creditors, or for any other relief under the Bankruptcy and Insolvency Act (Canada) or the Companies' Creditors Arrangement Act (Canada) or under any other bankruptcy, insolvency, liquidation, winding-up, corporate or similar statute or law, provincial, territorial, state or federal, now or hereafter existing, or consents to, approves of or acquiesces in, any such application, proposal, action or proceeding;
      • applies for or acquiesces in the appointment of a receiver, assignee, monitor, liquidator, sequestrator, custodian or trustee or similar official (whether or not on an interim or permanent basis) for it or for all or any part of its assets;
      • makes an assignment for the benefit of creditors; or
      • is unable generally to pay its debts as they become due,
    • an involuntary application for a bankruptcy order or proposal is filed or an action or proceeding is otherwise commenced seeking reorganization, arrangement, consolidation or readjustment of the Operator's debts or securities or for any other relief under the Bankruptcy and Insolvency Act (Canada) or the Companies' Creditors Arrangement Act (Canada) or under any other bankruptcy, insolvency, liquidation, winding-up, corporate or similar statute or law, provincial, territorial, state or federal, now or hereafter existing; or
    • a receiver, assignee, liquidator, administrator, sequestrator, custodian, trustee, monitor or similar official (whether or not on an interim or permanent basis) is appointed for the Operator or for all or any part of the Operator's assets.
  • "Inuvialuit Final Agreement" means the land claims agreement between Canada and the Inuvialuit, signed on June 5, 1984, and given effect by the Western Arctic (Inuvialuit) Claims Settlement Act (Canada), as that agreement is amended from time to time in accordance with its terms.
  • "Inuvialuit Settlement Region" has same meaning as "Inuvialuit Settlement Region" in the Inuvialuit Final Agreement.
  • "Inventory of Sites" means the inventory of sites set out in Schedule 7.
  • "ISR" means the Inuvialuit Settlement Region, excluding any area in Yukon or in the Adjoining Area.
  • "IT Assets" means all telecommunication related and computing related assets, including computer hardware, computer software and supporting network infrastructure such as cabling, hubs, and switches, owned by Canada, immediately prior to Transfer Date, dedicated to or used by NAO for those functions related to the administration and control of Public Lands and rights in respect of Waters which will no longer be performed by Canada after the Transfer Date.
  • "Legislation" means legislation of the Parliament of Canada or the Legislative Assembly of the Northwest Territories in force from time to time and all regulations and subordinate legislation of such Parliament or Legislative Assembly in force from time to time.
  • "Legislature" means the Commissioner in Council of the Northwest Territories.
  • "Line of Delimitation" means the line of delimitation described in Schedule 18.
  • "Listed Federal Building" means a Federal Building listed in Schedule 9.
  • "Mackenzie Valley" has the same meaning as in the Mackenzie Valley Resource Management Act (Canada).
  • "Management" means in respect of a Waste Site, the process of the identification, assessment, and Remediation of that Waste Site.
  • "Minerals" means precious or base metals or other non-living naturally occurring substances that are, or were before production, part of land, whether solid, liquid or gaseous, including coal, but not including, Oil, Gas or Water.
  • "Mineral Revenues" means revenues derived by the GNWTfrom:
    • a specific tax imposed by the GNWT on the exploration, production and development of Minerals which, for greater certainty, does not include corporate income tax; and
    • royalties, licences, rentals or other fees related to the exploration, production and development of Minerals.
  • "Moveable Assets" means the tangible personal property located in the Northwest Territories and owned by Canada immediately prior to the Transfer Date and used solely in relation to those NAO functions related to the administration and control of Public Lands and rights in respect of Waters which will no longer be performed by Canada after the Transfer Date, including chattels, equipment (including laboratory equipment), furniture, motor vehicles and IT Assets and any documents of title in the possession of Canada related to such tangible personal property but, for greater certainty, not including any chattel paper, money or securities, accounts, instruments or other intangible personal property that are not documents of title.
  • "NAO" means the Northern Affairs Organization of DIAND as it relates to the Northwest Territories.
  • "NEB" means the National Energy Board established pursuant to the National Energy Board Act (Canada).
  • "Net Fiscal Benefit" means the amount of Resource Revenues that is not offset against the Territorial Formula Financing Payment pursuant to sections 10.2 and 10.3.
  • "New Site Requiring Remediation" means an Abandoned Operating Site, Abandoned Oil and Gas Sump or Well Site or Remediated Site which is determined to be a New Site Requiring Remediation pursuant to section 6.26, 6.27, 6.32, 6.33 or 6.61.
  • "Norman Wells Proven Area" means the proven area identified in the Proven Area Agreement.
  • "Norman Wells Royalty" means the five percent royalty paid by Imperial Oil Limited to Canada pursuant to the Proven Area Agreement.
  • "Northern Allowance" means the northern allowance paid by the GNWT to its employees to offset community differences in the cost of living and travel.
  • "Notice of Alternative Delivery Initiative" means a notice, issued by Canada to an employee of Canada, of an alternative delivery initiative pursuant to Part VII of the National Joint Council Workforce Adjustment Directive (Canada) or equivalent provisions of any collective agreement applicable to such employee.
  • "Oil" means crude petroleum, regardless of gravity, produced at a well-head in liquid form and any other hydrocarbons, except Gas. It includes hydrocarbons that may be extracted or recovered from surface or subsurface deposit of oil sand, bitumen, bituminous sand or oil shale or from other types of deposits, but does not include coal.
  • "Oil and Gas Revenues" means all revenues derived by the GNWTfrom the issuance and administration of Oil and Gas exploration and production rights, including royalties, licence fees, well-head taxes, levies, forfeited work expenditure deposits and non-refundable or forfeited rentals and cash bonus bids, but does not include:
    • any other revenues accruing to the GNWT through taxes or similar levies, even if those levels of revenues are influenced by resource development activity; and
    • taxation revenue associated with Oil and Gas operations which, in a province, would normally accrue to Canada.
  • "Oil and Gas Sump" means an earthen excavation storage system designed to retain waste generated from the drilling of a well for the purpose of the exploration or production of Oil or Gas.
  • "Oil and Gas Well"means an opening in the ground, not being a seismic shot hole, that is made by drilling, boring or other method for the purpose of:
    • the production of Oil or Gas;
    • searching for or obtaining Oil or Gas;
    • obtaining water to inject into an underground Oil or Gas formation; or
    • injecting gas, air, water or other substance into an underground Oil or Gas formation.
  • "Onshore"means,
    • lands, including lands under water, that lie landward of the low-water line (high-water line in respect of Settlement Lands owned by the IRC) of the sea coast of the mainland or any naturally occurring permanent island in that part of Canada lying north of the sixtieth parallel of north latitude and not within Yukon, Nunavut or any province;
    • lands under water within Small Enclosed Bays along the sea coast of the mainland or any naturally occurring permanent island in that part of Canada referred to in paragraph (i); and
    • lands, including lands under water, that lie landward of the Line of Delimitation and seaward of the low-water line of the sea coast of the mainland in that part of Canada referred in to paragraph (i),

      but does not include any lands seaward of the Line of Delimitation other than the lands on the islands referred to in paragraph (i) or lands under water within Small Enclosed Bays along the sea coast of such islands referred to in paragraph (ii).

  • "Operating Site" means a site listed in Part E of the Inventory of Sites and any site which is not an Abandoned Site at the Transfer Date.
  • "Operator" means a person legally responsible, other than as set out in this Agreement, for the care, maintenance or Remediation of a site.
  • "Party" means a party to this Agreement.
  • "Proven Area Agreement" means the agreement dated July 21, 1944 between Imperial Oil Limited and His Majesty in Right of Canada, as the same has been or may be amended or renewed from time to time.
  • "Public Lands"means any land, or any interest in land, Onshore that belongs to Her Majesty in right of Canada and includes beds of bodies of waters, Minerals, Oil, Gas, and buildings, structures, improvements and other fixtures, on, above or below the surface of the land, except for:
    • Commissioner's Lands; and
    • lands or interests in land listed in Schedule 4, including any variations to that list made prior to the Transfer Date in accordance with section 3.33.
  • "Public Works Canada" means the Department of Public Works and Government Services Canada.
  • "Record" means a record of information, regardless of physical form or medium, including: correspondence, memoranda, electronic mail, books, plans, maps, drawings, diagrams, pictorial or graphic works, photographs, films, microfilms, sound recordings, videotapes, machine readable records, facsimiles, facsimile transmittal records, and facsimile activity reports.
  • "Released Site" means any site listed in Part A of the Inventory of Sites, any Unlisted Site, and any site in respect of which Canada has been released from responsibility to Remediate pursuant to sections 6.10, 6.42, 6.48, 6.52, and 6.53 or any other provision of this Agreement.
  • "Remediate" or "Remediation" means the prevention, minimization or mitigation of an Alteration through the development and application of a planned approach to remove, destroy, contain or otherwise reduce availability of contaminants to receptors of concern, and to remove, destroy or contain safety hazards and includes monitoring required by a licence, permit or other authorization.
  • "Remediated Site" means any site listed in Part B of the Inventory of Sites or any site which is determined to be a Remediated Site pursuant to section 6.45.
  • "Resource Revenues" means the sum of Mineral Revenues, Oil and Gas Revenues, and Water Revenues due to and received by the GNWT through this Agreement as a result of the Commissioner's administration and control of Public Lands and rights in respect of Waters and the Norman Wells Royalty paid to the GNWTpursuant to section 3.51 minus any Settlement and Land Claim Agreement Payments paid or payable in respect of such revenues, but does not include amounts in respect of:
    • any payment, whether in money or in kind, to the GNWT as owner or part owner of the produced resource;
    • any payment provided to the GNWT for the recovery of the administrative costs of an application or a service provided; or
    • any such revenues in respect of an Encumbering Right to be accounted for and paid by the GNWT, or by the GNWT on behalf of Canada, to an Aboriginal Organization pursuant to the terms of a Settlement Agreement.
  • "Sahtu Agreement" means the land claims agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Métis, signed on September 6, 1993 and given effect by the Sahtu Dene and Métis Land Claim Settlement Act (Canada), as that agreement is amended from time to time in accordance with its terms.
  • "Self-Government Agreement"means an agreement between the Crown and an Aboriginal people of the Northwest Territories which is brought into force or implemented by federal Legislation and which recognizes:
    • the legal status and capacity of a governing body to represent such Aboriginal people; and
    • the authority of that governing body to enact laws.
  • "Settlement Agreement" means an agreement listed on the list of Settlement Agreements in Schedule 1.
  • "Settlement and Land Claim Agreement Payments" means payments to an Aboriginal group pursuant to the terms of a land claim agreement or Settlement Agreement, including the payments referred to at section 9.1.1 of the Gwich'in Agreement, section 10.1.1 of the Sahtu Agreement, and section 25.1.1 of the TłıchǫAgreement, of any amount equivalent to a percentage of:
    • resource royalties received by GNWT in a year; and
    • the Norman Wells Royalty provided to GNWT in a year.
  • "Settlement Lands" means lands in the Northwest Territories the title to which is vested in an Aboriginal Organization pursuant to the terms of a Settlement Agreement.
  • "Site Requiring Remediation" means any site listed in Part D of the Inventory of Sites.
  • "Small Enclosed Bay"means any coastal indentation where both:
    • the distance of a straight line across the entrance of the indentation at the low-water line measures 4 kilometres or less; and
    • the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the distance of the straight line across the entrance of the indentation at the low-water line.
  • "Standards" means the standards applicable to the Remediation of an Alteration as determined pursuant to section 6.19 or 6.20.
  • "Territorial Formula Financing Payment" means the payment received by the GNWT from Canada for a fiscal year as determined under Part I.1 of the Federal-Provincial Fiscal Arrangements Act (Canada), or any successor Legislation or program governing the financial arrangements between Canada and the GNWT.
  • "Tłıchǫ Agreement" means the land claims and self-government agreement made among the Tłıchǫ, Canada, and the GNWT, signed on August 25, 2003, and given effect by the Tłıchǫ Land Claims and Self-Government Act (Canada), as that agreement is amended from time to time in accordance with its terms.
  • "Transfer Date" means the date upon which the federal Legislation amending or repealing and replacing the Northwest Territories Act (Canada) in accordance with section comes into effect.
  • "Unlisted Site" means any Abandoned Site located on Public Lands or Settlement Lands that is not listed in the Inventory of Sites at the Transfer Date.
  • "Waste Site" means an Abandoned Site where an Alteration Requiring Remediation exists.
  • "Water Revenues" means revenues derived by the GNWT from the sale or disposition of rights in respect of Waters, which, for greater certainty, does not include corporate income tax.
  • "Waters" means any inland waters on or below the surface of land Onshore in the Northwest Territories, whether in a liquid or frozen state, except for rights in respect of waters listed in and including any variations to that list made prior to the Transfer Date in accordance with 3.33.
  • "WSMC" means the waste sites management committee referred to in section 6.72.

Interpretation of this Agreement

1.2 Any rule of legal interpretation to the effect that any ambiguity is to be resolved in favour of any particular Party will not apply in interpreting this Agreement.

Entire Agreement

1.3 This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties.

Headings and Internal References

1.4 The headings used in this Agreement and its division into chapters, sections, subsections, paragraphs, schedules and other subdivisions do not affect its interpretation. Unless the context otherwise requires, references in this Agreement to chapters, sections, subsections, paragraphs, schedules and other subdivisions are to those parts of this Agreement.

1.5 The following schedules are attached hereto and form part of this Agreement with the exception of schedules 5, 6, 15 and 18 which are attached for information purposes only and do not form part of this Agreement:

  • Schedule 1 - List of Settlement Agreements
  • Schedule 2 - List of GNWT Obligations Under Settlement Agreements
  • Schedule 3 - List of Interim Agreements
  • Schedule 4 - Inventory of Exclusions from Transfer of Administration and Control
  • Schedule 5 - Northwest Territories Intergovernmental Agreement on Lands and Resources Management
  • Schedule 6 - Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region
  • Schedule 7 - Inventory of Sites
  • Schedule 8 - Waste Sites Management Committee (WSMC)
  • Schedule 9 - List of Federal Buildings to be Transferred
  • Schedule 10 - Leases to be Assigned to the GNWT
  • Schedule 11 - List of One-Time Transitional Activities for the GNWT
  • Schedule 12 - One-Time Transitional Funds for the GNWT
  • Schedule 13 - List of One-Time Transitional Activities for Aboriginal Parties
  • Schedule 14 - One-Time Transitional Funding Provided to the Aboriginal Parties
  • Schedule 15 - Implementation Plan
  • Schedule 16 - Notices and Communications
  • Schedule 17 - Northwest Territories Intergovernmental Resource Revenue Sharing Agreement
  • Schedule 18 - Line of Delimitation

Reference to Statute

1.6 Unless otherwise specified, any reference in this Agreement to any statute includes all regulations and subordinate legislation made under that statute at any time, and is to be construed as a reference to that statute as amended, modified, restated, supplemented, extended, re-enacted, replaced or superseded at any time.

Number

1.7 Unless the context requires otherwise, words importing the singular number include the plural and vice versa.

Use of Term "Including"

1.8 Where this Agreement uses the word "including," it means "including without limitation," and where it uses the word "includes," it means "includes without limitation."

Reference to a Party

1.9 A reference to one or more Parties in a provision of this Agreement shall not be interpreted as implying or inferring any obligation on or acknowledgment by any Party not mentioned in that provision.

Dominion Water Power Act

1.10 For greater certainty, nothing in this Agreement shall be construed so as to prevent the application of the Dominion Water Power Act (Canada) on land under the administration and control of Canada after the Transfer Date.

Disputes

1.11 In the event of a dispute between any of the Parties in respect of the interpretation, application or implementation of this Agreement, the Parties agree to explore resolution of the dispute through negotiation or other dispute resolution procedures before resorting to litigation.

Chapter 2
General Provisions

Constitution of Canada

2.1 Nothing in this Agreement shall be construed so as to affect in any manner the Constitution of Canada.

2.2 Nothing in this Agreement shall be construed so as to give the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867, with respect to similar classes of subjects described in those sections.

2.3 The Legislature will not have the authority to make laws in relation to matters within class 24 of section 91 of the Constitution Act, 1867, except to the extent that such authority is:

  • provided to the Legislature by federal Legislation for the purposes of implementing land claim or self-government agreements; or
  • already given to the Legislature on the date this Agreement is signed.

Paramountcy

2.4 Nothing in this Agreement shall be construed so as to prevent an Act of Parliament from prevailing over territorial Legislation to the extent of any conflict between them.

Aboriginal Rights and Interests

2.5 Nothing in this Agreement shall be construed so as to abrogate or derogate from, or to limit or restrict:

  • any existing Aboriginal or treaty right recognized and affirmed under section 35 of the Constitution Act, 1982 including any such right under Treaty 8 or Treaty 11;  
  • any fiduciary duty or obligation of the Crown to the Aboriginal peoples of Canada, including any obligation arising from the Constitution of Canada; or
  • any executive, prerogative or statutory powers or any legislative authority of Canada, the Parliament of Canada, the GNWT, or the Legislative Assembly of the Northwest Territories, as the case may be, to affect any right referred to in subsection 2.5(a) or arising from any duty or obligation referred to in subsection 2.5(b), in a manner consistent with the Constitution of Canada.

2.6 This Agreement shall not delay, impair or impede any negotiation processes in progress at the date of signing of this Agreement among Aboriginal peoples having or asserting rights in the Northwest Territories, Canada and the GNWT, or the commencement of such negotiation processes, and the settlement of such negotiation processes shall remain a priority of Canada, the GNWT and such Aboriginal peoples.

2.7 Nothing in this Agreement shall be construed as an admission or acknowledgement by the Crown as to the existence, nature or scope of any Aboriginal or treaty right of Aboriginal peoples of Canada, or of any fiduciary duty or obligation, or any other constitutional obligation to Aboriginal peoples of Canada.

2.8 Nothing in this Agreement shall be construed so as to preclude any person from advocating before the courts any position on the existence, nature or scope of any Aboriginal or treaty right of Aboriginal peoples of Canada, or of any fiduciary obligation, or any other constitutional obligation, to the Aboriginal peoples of Canada.

Land Protection Measures

2.9 Subject to section 2.10, nothing in this Agreement shall be construed so as to affect any Interim Agreement in place at the Transfer Date.

2.10 The GNWT shall assume the obligations of Canada under an Interim Agreement respecting land and resource management in the Northwest Territories where such obligations relate to the responsibilities devolved under this Agreement.

2.11 Public Lands and rights in respect of Waters that are subject to withdrawal and prohibition orders at the Transfer Date, including interim measures arrangements, shall be subject to similar withdrawal and prohibition orders after the Transfer Date pursuant to applicable Legislation.

Settlement Agreements

2.12 Where a final agreement as contemplated by the Dehcho, Akaitcho, or Northwest Territory Métis Nation (South Slave Métis) framework agreements is concluded and brought into effect following the signing of this Agreement, the list of Settlement Agreements in Schedule 1 shall be amended to include such final agreement.

2.13 Canada and the GNWT may agree to amend the list of Settlement Agreements in Schedule 1 to include an agreement other than one referred to in section 2.12.

2.14 From and after the Transfer Date, the GNWT shall be responsible for those responsibilities under Settlement Agreements set out in Schedule 2.

2.15 Notwithstanding section 2.14, the listing in Schedule 2 of the responsibilities that the GNWT will carry out or perform in relation to the IFA does not affect the obligations of Canada under the IFA.

Northwest Territories Oil and Gas Accord

2.16 To the extent that the provisions of this Agreement relate to Oil and Gas resources, such provisions constitute a component of, but not the entirety of, the Northwest Territories Oil and Gas Accord referred to in Annex I-C-25 of the North American Free Trade Agreement. For greater certainty, the conclusion of this component of the Northwest Territories Oil and Gas Accord is without prejudice to the conclusion of other components relating to subject matters originally contemplated as being included in such Accord but not settled in this Agreement, including, Oil and Gas resources offshore and in Nunavut.

Indemnities

2.17 The GNWT shall indemnify Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against Canada, or any of its employees or agents, arising out of any acts or omissions of the GNWT, its employees or agents, occurring:

  • after the Transfer Date, in respect of land under the administration and control of the Commissioner, except Commissioner's Lands;
  • after the Transfer Date, in respect of Existing Interests;
  • after the Transfer Date, in respect of rights in respect of Waters;
  • in respect of any security assigned to the GNWT pursuant to this Agreement;
  • in respect of Records copied, loaned or transferred pursuant to this Agreement, unless such an act or omission is required pursuant to this Agreement; or
  • in respect of Remediation performed pursuant to this Agreement.

2.18 The GNWT shall indemnify Canada against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against Canada arising out of a failure by the GNWT to meet its obligations under this Agreement in respect of any federal employee.

2.19 Canada shall indemnify the GNWT, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against the GNWT, or any of its employees or agents, arising out of any acts or omissions of Canada, its employees or agents, occurring:

  • in respect of Public Lands or any land the administration and control of which is transferred by Canada to the Commissioner after the Transfer Date, where the act or omission occurred prior to the date the Commissioner received the administration and control of the land;
  • prior to the Transfer Date, in respect of Existing Interests;
  • prior to the Transfer Date, in respect of rights in respect of Waters;
  • in respect of the taking of administration and control of land from the Commissioner pursuant to section 3.38 or the making of a prohibition order pursuant to section 3.40 or 3.41;
  • in respect of any security required to be assigned to the GNWT pursuant to this Agreement;
  • in respect of Records transferred to the GNWT pursuant to this Agreement; or
  • in respect of Remediation performed pursuant to this Agreement.

2.20 Canada shall indemnify an Aboriginal Party, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against that Aboriginal Party or any of its employees or agents, arising out of any acts or omissions of Canada, its employees or agents, occurring in respect of Remediation performed pursuant to this Agreement on that Aboriginal Party's Settlement Lands.

2.21 Canada, the GNWT or an Aboriginal Party, or any of their employees or agents, shall not be entitled to be indemnified under sections 2.17 to 2.20 if the claim, action or proceeding was settled out of court without the written consent of the Party that is required to provide the indemnity referred to in each of these sections.

Appropriation of Funds

2.22 Canada's obligations to pay any amount pursuant to this Agreement are at all times subject to the appropriation of funds by the Parliament of Canada.

2.23 The GNWT's obligations to pay any amount pursuant to this Agreement are at all times subject to the appropriation of funds by the Legislature.

No Benefits

2.24 No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit to arise from it.

Other Programs

2.25 Nothing in this Agreement shall preclude a person from being eligible to participate in any federal or territorial programs, inclusive of the financial benefits related to such programs, in accordance with applicable program criteria, as such programs may exist from time to time.

2.26 Nothing in this Agreement shall affect the eligibility of an Aboriginal government or organization and the GNWT to receive and benefit from federal programs, federal grants or federal contributions related to land and resource management in accordance with applicable criteria, as such programs, grants and contributions may exist from time to time.

Definition of the Northwest Territories

2.27 Nothing in this Agreement shall be construed so as to alter, or require the alteration of, the definition of the "Territories" as established in the Northwest Territories Act (Canada).

Approval and Coming into Effect of this Agreement

2.28 This Agreement takes effect upon the signing hereof by an authorized representative of Canada, the GNWT, the IRC, the NWTMN, the SSI, the GTC and the Tłıchǫ Government.

Addition of Parties to this Agreement

2.29 Prior to the first anniversary of the Transfer Date, any of the following Aboriginal Organizations may become a Party by having its authorized representative sign this Agreement:

  • the Akaitcho Territory Government; and
  • the Dehcho First Nations,

    and upon the signing of this Agreement by its authorized representative this Agreement shall be deemed approved by and be binding upon such Aboriginal Organization.

2.30 Following the first anniversary of the Transfer Date, upon the consent of Canada and the GNWT either of the Aboriginal Organizations set out in subsection 2.29(a) or, 2.29(b) may become a Party by having its authorized representative sign this Agreement and upon the signing of this Agreement by its authorized representative this Agreement shall be deemed approved by and be binding upon such Aboriginal Organization.

2.31 Upon the consent of Canada and the GNWT, any Aboriginal Organization which is not referred to in section 2.29 may become a Party by having its authorized representative sign this Agreement and upon the signing of this Agreement by its authorized representative this Agreement shall be deemed approved by and be binding upon such Aboriginal Organization.

Governing Law

2.32 This Agreement shall be governed and construed in accordance with the laws of the Northwest Territories and the laws of Canada applicable in the Northwest Territories.

Jurisdiction

2.33 The Supreme Court of the Northwest Territories shall have jurisdiction in respect of any action or proceeding arising out of this Agreement.

2.34 Nothing in section 2.33 shall be construed so as to limit the jurisdiction of any other court, including the Federal Court of Canada, as such jurisdiction may be set forth from time to time in Legislation establishing such a court.

Conflict of Provisions

2.35 If there is an inconsistency or conflict between a provision of this Agreement and a provision of a schedule to this Agreement, the provision of this Agreement shall prevail.

Conflict with Land Claims Agreements or Self-Government Agreements

2.36 In the event of an inconsistency or conflict between this Agreement and a Settlement Agreement, a Self-Government Agreement or a land claims agreement within the meaning of section 35 of the Constitution Act, 1982, the Settlement Agreement, Self-Government Agreement or land claims agreement shall prevail to the extent of the inconsistency or conflict.

Further Assurances

2.37 The Parties shall with reasonable diligence do all things and provide such further documents or instruments as may be reasonably necessary or desirable to give effect to this Agreement and to carry out its provisions.

Calculation of Time

2.38 Unless otherwise specified in this Agreement, time periods within which or following which any calculation or payment is to be made or action is to be taken, will be calculated by excluding the day on which the period begins and including the day on which the period ends. If the last day of a time period is not a Business Day, the time period will end on the next Business Day.

Severability

2.39 Unless otherwise determined by a court of competent jurisdiction, if any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be considered by any of the Parties to be affected or impaired.

2.40 If a court of competent jurisdiction finally determines that any provision of this Agreement is invalid, illegal or unenforceable, the Parties shall make their best efforts to amend the Agreement to remedy or replace the provision having regard to the intent expressed in the provision.

Waiver

2.41 No waiver of satisfaction of a condition or non-performance of an obligation under this Agreement is effective unless it is in writing and signed by the party granting the waiver. No waiver under this section affects the exercise of any other rights or obligations under this Agreement.

Amendment

2.42 Except where otherwise provided in this Agreement, the provisions of this Agreement may be amended by the written agreement of the Parties.

Counterparts

2.43 This Agreement may be signed in any number of counterparts, each of which shall be an original, and all of which taken together shall constitute one single document. Counterparts may be transmitted by facsimile transmission or in electronically scanned form and each such transmitted counterpart shall be deemed to be an original. Parties transmitting by facsimile transmission or electronically shall also deliver an original counterpart to the other Parties, but failure to do so does not invalidate this Agreement.

Notices and Communications

2.44 Any notice to be given or communication made to a Party pursuant to this Agreement shall be in writing and shall be effectively given or made if delivered (i) personally, either to the individual designated in Schedule 16 for such Party, or to an individual having apparent authority to accept deliveries on behalf of such individual at its address set out in Schedule 16; (ii) by fax, or (iii) by electronic mail, at or to the applicable addresses or electronic mail addresses, set out opposite the Party's name set out in Schedule 16 or at or to such other address or electronic mail address for a Party as such Party from time to time designates to the other Parties in the same manner.

2.45 A notice or communication will be considered to have been effectively given or made:

  • if delivered by hand during business hours on a Business Day, upon receipt by the individual designated in Schedule 16 for that Party, or to an individual having apparent authority to accept deliveries on behalf of that individual at its address set out in Schedule 16, and if not delivered during business hours, upon the commencement of business on the next Business Day;
  • if sent by facsimile transmission on the day of transmission if that day is a Business Day and the transmission was made before 5:00 p.m. local time in the place of delivery or receipt, and otherwise on the next Business Day; or
  • if sent by electronic mail, on the day the sender receives delivery notification by return electronic mail, if that day is a Business Day and if the confirmation was received prior to 5:00 p.m. local time in the place of delivery or receipt, and otherwise, on the next Business Day.

Languages of this Agreement

2.46 This Agreement has been made in both the English and French languages and the English and French language versions of this Agreement are equally authoritative in accordance with the Official Languages Act (Canada).

Chapter 3
Transfer of Responsibilities

Administration and Control of Public Lands and Rights in Respect of Waters

3.1 As of the Transfer Date the Commissioner shall have the administration and control of Public Lands and of rights in respect of Waters.

3.2 Notwithstanding the transfer under section 3.1, Public Lands and rights in respect of Waters belonging to Her Majesty in right of Canada at the Transfer Date shall continue to belong to Her Majesty in right of Canada.

Existing Rights

3.3 The transfer of the administration and control of Public Lands and rights in respect of Waters to the Commissioner pursuant to section 3.1 shall not:

  • affect any existing right or interest or trust, including any Existing Interest, in respect of Public Lands; or
  • affect any existing right, including any Existing Interest, in respect of Waters.

Exercise of Administration and Control

3.4 The administration of Public Lands and rights in respect of Waters by the Commissioner shall be exercised in a manner consistent with the terms and conditions of this Agreement and in a manner consistent with the terms and conditions of any agreement between the GNWT and any Aboriginal Party related to the administration of Public Lands and rights in respect of Waters.

3.5 Nothing in this Agreement shall be construed so as to affect any jurisdiction of Canada in respect of:

  • offshore marine areas;
  • fish and fish habitat in both offshore marine areas and Onshore freshwater areas; or
  • offshore resources, including Oil and Gas.

3.6 Without limiting the generality of section 3.1, as of the Transfer Date, the Commissioner may, subject to the terms and conditions of this Agreement, use, sell or otherwise dispose of the entire or any lesser interest in Public Lands and retain the proceeds of their use, sale or disposition, and may exercise rights in respect of Waters, or sell or otherwise dispose of them and retain the proceeds of their exercise, sale or disposition.

3.7 As soon as is practicable after this Agreement is signed by the Parties, Canada shall introduce into Parliament and support as a government measure Legislation necessary to:

  • repeal and replace or amend the Northwest Territories Act (Canada) in order to provide:
    • that the Legislature has the authority to make laws in relation to Public Lands, Waters, and the disposition of any right or interest in Public Lands or of any right in respect of Waters; and
    • that the Commissioner has the administration and control of Public Lands and of rights in respect of Waters;
  • repeal the Northwest Territories Reindeer Regulations and the Northwest Territories Archaeological Sites Regulations made under the Northwest Territories Act (Canada);
  • repeal the Northwest Territories Waters Act (Canada) and any regulations made under that Act;
  • repeal the Northwest Territories Surface Rights Board Act (Canada), and any regulations made under that Act, if such Legislation is enacted by Parliament prior to the Transfer Date;
  • make the Territorial Lands Act (Canada), and any regulations made under that Act, inapplicable in respect of Public Lands;
  • make the Canada Petroleum Resources Act (Canada), and any regulations made under such Act, inapplicable in respect of Public Lands except to the extent that application of such Legislation to Public Lands may be necessary pursuant to subsection 3.7(h);
  • make the Canada Oil and Gas Operations Act (Canada) and any regulations made under such Act, inapplicable in respect of the Onshore except lands under the administration and control of Canada and except to the extent that application of such Legislation in the Onshore may be necessary pursuant to subsection 3.7(h);
  • ensure that the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada) and any necessary provisions of the National Energy Board Act(Canada), or other federal Legislation, provide for:
    • the unitization of straddling resources in the manner set out in the agreement referred to in section 5.5;
    • the protection of confidential information provided by Canada or third parties pursuant to, or in furtherance of, the agreement referred to in section 5.5; and
    • the role of the NEB under territorial Legislation as described in section 3.12.
  • provide that the consent of Canada is required for any amendment to territorial Legislation that would affect the unitization of straddling resources referred to in the agreement referred to in section 5.5 or limit the application to, or implementation by, the GNWT of such agreement;
  • provide that, during the initial term of 20 years set out in subsection 3.6(a) of the agreement referred to in section 5.5, the consent of Canada is required for any amendment to territorial Legislation that would affect the regulatory functions of the National Energy Board in the ISR within the Onshore;
  • provide for transitional matters and to give legislative effect to aspects of this Agreement; and
  • make consequential amendments to federal Legislation as required.

3.8 The Legislation referred to in section 3.7 shall provide that a federal Minister shall have sole authority to exercise the following powers and functions under the territorial Legislation referred to in subsection 3.11(a) which substantially mirrors the Northwest Territories Waters Act (Canada):

  • in relation to a Federal Appurtenant Undertaking:
    • the approval of the issuance of a Type A water licence;
    • the approval of the form, and the holding, of any security posted in respect of a water licence;
    • the exercise of the powers referred to in section 39 of the Northwest Territories Waters Act (Canada), as that provision read immediately prior to the repeal of such Legislation on the Transfer Date;
    • the issuance of a policy direction to a board;
    • the designation of inspectors; and
    • the provision to inspectors designated under paragraph 3.8(a)(v) of the authority to exercise the powers referred to in section 37 of the Northwest Territories Waters Act (Canada), as that provision read immediately prior to the Transfer Date;
  • the right to nominate members to the water board established by the territorial Legislation referred to in subsection 3.11(a) which substantially mirrors the Northwest Territories Waters Act (Canada), to the same extent as the GNWT had such right under the Northwest Territories Waters Act (Canada) immediately prior to the Transfer Date.

3.9 The Legislation referred to in section 3.7 shall provide that:

  • the Legislature may make laws in relation to:
    • the exploration for non-renewable natural resources in the Onshore;
    • the development, conservation and management of non-renewable natural resources in the Onshore, including laws in relation to the rate of primary production from those resources;
    • oil and gas pipelines located entirely within the Onshore;
    • the development, conservation and management of sites and facilities in the Onshore for the generation and production of electrical energy;
    • the export, from the Onshore to another part of Canada, of the primary production from non-renewable natural resources in the Onshore, and of electrical energy generated or produced from facilities in the Onshore; and
    • the raising of money by any mode of taxation in respect of non-renewable natural resources in the Onshore and the primary production from those resources and in respect of sites and facilities referred to in paragraph 3.9(a)(iv) and the production of electrical energy from them;
  • laws made in relation to the matters referred to in paragraph 3.9(a)(v) may not authorize or provide for discrimination in prices or in supplies exported;
  • laws made in relation to the matters referred to in paragraph 3.9(a)(vi) may not authorize or provide for taxation that differentiates between production that is not exported and production that is exported to another part of Canada; and
  • the Legislature may not make laws in respect of the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act (Canada) applies.

3.10 Canada shall, unless otherwise agreed by the Parties, recommend to Parliament that the Legislation referred to in section 3.7 come into force on the first day of April.

3.11 Prior to the Transfer Date, the GNWT shall introduce into the Legislature and support as a government measure Legislation that:

  • substantially mirrors the federal Legislation repealed or made inapplicable to Public Lands pursuant to section 3.7, and any provisions of the National Energy Board Act (Canada) necessary for the National Energy Board to act as regulator in the ISR within the Onshore;
  • provides for transitional matters and gives legislative effect to aspects of this Agreement; and
  • makes consequential amendments to other territorial Legislation as required.

3.12 The territorial Legislation referred to in subsection 3.11(a) which substantially mirrors the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada) and any necessary provisions of the National Energy Board Act, shall provide that with respect to the ISR within the Onshore the NEB shall continue to carry out the same regulatory functions in respect of Oil and Gas under such mirroring territorial Legislation as the NEB carried out such role under the Canada Oil and Gas Operations Act (Canada) and the Canada Petroleum Resources Act (Canada) and any necessary provisions of the National Energy Board Act immediately prior to the Transfer Date.

3.13 For greater certainty, the territorial Legislation referred to in subsection 3.11(a) shall mirror the benefits plans provisions of the Canada Oil and Gas Operations Act (Canada) and the Canada Petroleum Resources Act (Canada), which provisions require benefit plans as contemplated in section 22.2 of the Sahtu Agreement.

3.14 If, while the agreement referred to in section 5.5 is in force and effect, Canada amends the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada) or any necessary provisions of the National Energy Board Act (Canada) mirrored in territorial Legislation pursuant to subsection 3.11(a) in respect of the ISR within the Onshore, the GNWT shall introduce into the Legislature and support as a government measure Legislation that substantially mirrors such amendment.

3.15 Section 3.14 does not apply with respect to matters in respect of which Canada's consent is not required pursuant to subsection 3.7(i) or 3.7(j).

3.16 The GNWT shall recommend to the Legislative Assembly of the Northwest Territories that the Legislation referred to in section 3.11 come into force upon the coming into force of the federal Legislation referred to in section 3.7.

MVRMA Transition

3.17 Prior to the Transfer Date, Canada shall by instrument of delegation issued pursuant to section 4 of the Mackenzie Valley Resource Management Act (Canada) delegate to a territorial Minister, with effect as of the Transfer Date, the following functions of the federal Minister:

  • the approval of the issuance of Type A water licences, except where the water licence is in respect of a Federal Appurtenant Undertaking.
  • the approval of the form, and the holding, of any security posted in respect of land use permits, except where the land use permits are in respect of an Federal Appurtenant Undertaking.
  • the designation of inspectors except in respect of:
    • Remediation performed by or on behalf of Canada pursuant to this Agreement;
    • Remediation performed by or on behalf of Canada in respect of an Excepted Waste Site; or
    • lands under the administration and control of Canada;
  • the functions relating to cumulative impact monitoring and the conduct of an environmental audit in Part 6 of the Mackenzie Valley Resource Management Act (Canada); and
  • subject to paragraph 3.17(e)(iii), the functions in relation to the environmental assessment processes in Part 5 of the Mackenzie Valley Resource Management Act (Canada) set out in paragraphs 3.17(e)(i) and 3.17(e)(ii);
    • the receipt of reports from the Mackenzie Valley Environmental Impact Review Board and the distribution of such reports;
    • the participation in decisions made in consideration of reports referred to in paragraph 3.17(e)(i) and the distribution of such decisions;
    • the functions delegated to a territorial Minister pursuant to paragraphs 3.17(e)(i) and 3.17(e)(ii) shall not include functions of the federal Minister in relation to:
      • a development which is in respect of Remediation performed by, or on behalf of, Canada pursuant to this Agreement or in respect of an Excepted Waste Site;
      • a development which is in whole or in part on lands under the administration and control of Canada;
      • the determination that a development is in the national interest or the environmental impact review of such development;
      • the determination that an environmental impact review is necessary for a development which is partly within the Mackenzie Valley and partly outside the Mackenzie Valley and functions in respect of such review;
      • the determination that an environmental impact review is necessary for a development which is likely to have a significant adverse impact on the environment outside the Mackenzie Valley and functions in respect of such review; or
      • the participation in decisions made in consideration of reports referred to in paragraph 3.17(e)(i) where the participation in such decisions by the federal Minister is related to the jurisdiction of a responsible Minister under federal Legislation.

3.18 No earlier than the fifth anniversary of the Transfer Date, the Parties shall conduct a review of the provisions of this Agreement respecting the Mackenzie Valley Resource Management Act (Canada). As soon as is practicable after such fifth anniversary of the Transfer Date, the Parties shall commence negotiations to develop terms for such review as mutually agreed by the Parties, which terms may include a review by an independent third party mutually agreed to by the Parties. Such review shall be carried out in accordance with the terms agreed to by the Parties.

3.19 Notwithstanding the review pursuant to section 3.18, unless otherwise determined by Canada, the Mackenzie Valley Resource Management Act (Canada), or successor federal Legislation, shall continue to fully provide for and govern the role and mandate of the Mackenzie Valley Environmental Impact Review Board and the environmental assessment processes currently in the Mackenzie Valley Resource Management Act (Canada), including those matters provided for immediately prior to the Transfer Date in the provisions of Part 5 of the Mackenzie Valley Resource Management Act (Canada) and the following regulations:

  • the Exemptions List Regulations;
  • the Period for Entering into an Agreement for the Purpose of Jointly Establishing a Review Panel Regulations; and
  • the Preliminary Screening Requirement Regulations.

Offshore Oil and Gas Management

3.20 Canada and the GNWT, with the participation of the Inuvialuit Regional Corporation, shall commence negotiations for the management of Oil and Gas resources in the Beaufort Sea, and other northern offshore areas as may be agreed, including Oil and Gas resource revenue sharing and the timing of the commencement of any such revenue sharing, no later than the earlier of:

  • such time as Canada commences negotiations with Yukon for the management of Oil and Gas resources in the Beaufort Sea; or
  • 60 days after the signing of this Agreement.

3.21 Any resource revenue received by the GNWT in respect of Oil and Gas resources in the Beaufort Sea, and other northern offshore areas as may be agreed, shall be shared among the GNWT and Aboriginal Parties in accordance with a formula for the sharing of resource revenue as agreed to by the GNWT and Aboriginal Parties.

Services in Official Languages

3.22 As of the Transfer Date, in respect of programs and services provided by the GNWT as a result of this Agreement, any member of the public will have the right to communicate with, and receive available services from, the GNWT in an official language of the Northwest Territories in accordance with the Official Languages Act (NWT).

Existing Interests

3.23 Subject to sections 3.24, 3.25 and 3.26 any Existing Interests shall be administered and governed as of the Transfer Date in accordance with territorial Legislation.

3.24 As of the Transfer Date, a law of the Legislature may only provide for additional conditions in respect of the exercise of an Existing Interest if the law applies to the same extent to Existing Interests as to similar rights and interests issued, granted or secured under territorial Legislation.

3.25 Subject to section 3.26 and as of the Transfer Date, a law of the Legislature may only provide for the cancellation, suspension or limitation of an Existing Interest where:

  • immediately prior to the Transfer Date, the Existing Interest could have been cancelled, suspended or limited in identical circumstances; or
  • the cancellation, suspension or limitation is for a failure to comply with a condition in respect of the exercise of the Existing Interest and the law applies to the same extent to the Existing Interest as to similar rights and interests issued, granted or secured under territorial Legislation.

3.26 A law of the Legislature may not provide for the cancellation, suspension or limitation of an Existing Interest pursuant to subsection 3.25(b), where the Existing Interest is a right or interest, which arose from:

  • a recorded claim, a lease of a recorded claim or a prospecting permit granted pursuant to the Northwest Territories and Nunavut Mining Regulations (Canada); or
  • an "interest" within the meaning of section 2 of the Canada Petroleum Resources Act (Canada).

3.27 An Existing Interest shall continue in full force and effect:

  • until the Existing Interest expires or is surrendered;
  • unless the holder of the Existing Interest and the GNWT agree that the Existing Interest be cancelled and replaced by a right or interest provided by the GNWT;
  • unless the Existing Interest is an Encumbering Right, and the holder of the Existing Interest and an Aboriginal Organization agree that that Existing Interest be cancelled pursuant to the terms of a Settlement Agreement;
  • unless the Existing Interest or any right under it is limited, suspended or cancelled pursuant to a law of the Legislature in accordance with section 3.25; or
  • unless the Existing Interest is expropriated and the right holder is compensated pursuant to territorial Legislation.

Access to Land

3.28 The GNWT shall grant Canada access to Public Lands and Waters to allow Canada to fulfill its commitments under this Agreement and to fulfill any of Canada's other responsibilities in the Northwest Territories.

3.29 The access referred to in section 3.28 shall be at no charge to Canada and shall not require any expenditure of monies or incurrence of expense by the GNWT.

Inventory of Exclusions

3.30 Schedule 4 sets out an inventory and description of lands and rights in respect of Waters, or interests therein, including beds of bodies of water, Minerals, Oil, Gas, buildings other than Listed Federal Buildings, structures, improvements and other fixtures, on, above or below the surface of the lands, that shall be excluded from the transfer of administration and control to the Commissioner referred to in section 3.1.

3.31 If, within five years following the Transfer Date, it is determined by Canada that any Public Lands or rights in respect of Waters not included in Schedule 4 were, on the Transfer Date, required for the purposes of a Federal Department or a Federal Agent Corporation, the Commissioner shall, upon request of such Federal Department or Federal Agent Corporation, relinquish to Canada the administration and control of those Public Lands or rights in respect of Water to Canada for the benefit of that Federal Department or Federal Agent Corporation.

3.32 Prior to the Transfer Date, Canada shall make best efforts to replace any parcel descriptions referring to sketch maps within Schedule 4 with metes and bounds or better land descriptions.

3.33 At any time prior to the Transfer Date, Canada shall provide to the other Parties any variations to the inventory of exclusions in Schedule 4 which Canada may have varied for the purpose of:

  • replacing the description of any lands set out in Schedule 4 with a more accurate land description, including any such replacement pursuant to section 3.32;
  • modifying the description of any lands that was not accurately described in Schedule 4 so that it corresponds to the lands which are required for the purposes of a Federal Department or are under the administration of a Federal Agent Corporation;
  • adding any lands or rights in respect of Waters not included in Schedule 4 which are required for the purposes of a Federal Department or are under the administration of a Federal Agent Corporation; or
  • deleting any lands or rights in respect of Waters included in Schedule 4 not required for the purposes of a Federal Department or not under the administration of a Federal Agent Corporation.

3.34 Schedule 4, as may be varied by Canada in accordance with section 3.33, shall constitute the inventory of exclusions for the purposes of this Agreement.

Reservation by Notation

3.35 Any Public Lands or rights in respect of Waters that immediately prior to the Transfer Date are reserved in the federal property records of the Northwest Territories land administration office of DIAND for the use of any Federal Department or Federal Agent Corporation, shall be reserved by the GNWT by making entries in its property records with effect as of the Transfer Date.

3.36 Upon the request of a Federal Department or Federal Agent Corporation for which Public Lands or rights in respect of Waters are reserved pursuant to section 3.35, the Commissioner shall relinquish administration and control of such Public Lands or rights in respect of Water to Canada for the benefit of that Federal Department or Federal Agent Corporation.

Consultation Prior to Relinquishment

3.37 Prior to the request to the Commissioner for the relinquishment of administration and control referred to in section 3.31, 3.36, or 6.40 Canada shall:

  • identify to the GNWT and any affected Aboriginal Party the intended use of the land to be relinquished; and
  • Consult with the GNWT and any such affected Aboriginal Party, on the boundaries and quantum of the land to be relinquished.

Taking of Administration and Control by Canada

3.38 The Governor in Council may take from the Commissioner the administration and control of any lands or rights in respect of Waters where Canada determines it is necessary to do so for:

  • the national interest, including:
    • national defence or security;
    • the establishment, or changes to the boundaries, of a national park, national park reserve, national historic site or other area protected under an Act of Parliament; or
    • the creation of the infrastructure required for initiatives in respect of transportation or energy;
  • the fulfillment of an obligation in respect of an Aboriginal or treaty right recognized and affirmed under section 35 of the Constitution Act, 1982; or
  • the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement, Settlement Agreement, treaty or Self-Government Agreement.

3.39 Prior to the taking of administration and control of lands or rights in respect of Waters from the Commissioner pursuant to section 3.38, Canada shall:

  • identify to the GNWTand any affected Aboriginal Party,
    • the purpose for which the lands are being taken and the location and quantum of land being taken; and
    • the purpose for which the rights in respect of waters are being taken and the location of the Waters subject to the taking; and
  • except in cases involving national defence or security, Consult with the GNWT and any affected Aboriginal Party on the boundaries of lands and the location of the Waters subject to the taking.

3.40 The Governor in Council may prohibit the issuance of interests or the authorization of activities, under territorial Legislation, in or on lands under the administration and control of the Commissioner, if Canada considers that such prohibition is required:

  • before the administration and control of land is taken by Canada pursuant to subsection 3.38(a) or (b); or
  • for the settlement of an Aboriginal land claim, including for the purposes of an interim measure pending the settlement of a land claim, or the implementation of an Aboriginal land claim agreement, Settlement Agreement, treaty or Self-Government Agreement.

3.41 The Governor in Council may prohibit any use of Waters or the deposit of waste into Waters if Canada considers that:

  • such use of Waters, or such deposit of waste into Waters, would be incompatible with or would interfere with a particular undertaking which is in the national interest; or
  • the prohibition is required for the settlement of an Aboriginal land claim, including for the purposes of an interim measure pending the settlement of a land claim, or the implementation of an Aboriginal land claim agreement, Settlement Agreement, treaty or Self-Government Agreement.

3.42 Prior to making a prohibition referred to in section 3.40 or 3.41, Canada shall:

  • notify the GNWT and any affected Aboriginal Party of the proposed prohibition and Consult with the GNWTand any affected Aboriginal Party regarding:
    • the boundaries and quantum of land to be subject to the proposed prohibition;
    • the location of Waters to be subject to the proposed prohibition; and
    • the interests or activities for which the issuance or authorization would be prohibited; and
  • notify the public of the proposed prohibition and consider representations received within a reasonable time following such notice.

3.43 The relinquishment of the administration and control by the Commissioner, the taking of administration and control of lands and rights in respect of Waters by Canada, the prohibition of the issuance of interests in land or of the authorization of activities thereon, and the prohibition of any use of Waters or deposit of waste into Waters shall, subject to section 3.44, be without expenditures of monies by, or compensation to, the GNWT.

3.44 Where Canada takes, or has relinquished to it, administration and control of lands pursuant to sections 3.31, 3.36, 3.38, or 6.42, Canada shall compensate the GNWT for any improvements made by the GNWT to such lands.

3.45 As soon as practicable after the taking or relinquishment referred to in section 3.44, Canada and the GNWT shall attempt to reach agreement on the amount of any compensation associated with such taking or relinquishment.

3.46 Where Canada and the GNWT and Canada are unable to reach agreement on the amount of compensation referred to in section 3.44, Canada and the GNWT shall refer the matter to an agreed upon Appraisal Expert.

3.47 Upon receipt of the referral referred to in section 3.46 the Appraisal Expert shall determine the Improvement Value and this amount shall be the compensation referred to in section 3.44.

3.48 Lands and rights in respect of Waters:

  • relinquished to Canada pursuant to section 3.31, 3.36 or 6.42; or
  • taken back by Canada pursuant to section 3.38

    shall be subject to any third party interests, including Existing Interests.

Norman Wells Oil Field

3.49 Subject to section 3.51, but notwithstanding any other provision of this Agreement, none of Canada's right, title or interest in the Norman Wells Proven Area, the Proven Area Agreement, any other agreement or lease related to the Norman Wells Proven Area, any trust or other funds related to the Norman Wells Proven Area or the Proven Area Agreement or any revenues derived from any of the foregoing, shall be transferred to the GNWT as part of or pursuant to this Agreement.

3.50 The Norman Wells Proven Area shall be excluded from the transfer of administration and control referred to in section 3.1 and shall be included in the inventory of exclusions referred to in section 3.34.

3.51 Canada shall pay to the GNWT the Norman Wells Royalty.

3.52 Subject to the terms of the Proven Area Agreement and any trust or other agreement related to the Proven Area Agreement, in the event the Norman Wells Proven Area becomes an Abandoned Site which Canada is legally responsible to Remediate, the WSMC shall provide advice and recommendations to Canada pursuant to the terms of reference for the WSMC set out in Schedule 8, mutatis mutandis. For such purposes the participating members of the WSMC shall be Canada, the GNWT and SSI.

3.53 Nothing in this Agreement shall be construed as an admission or acknowledgement by any of the Parties in respect of any current or future liability or responsibility with regard to the Remediation of the Norman Wells Proven Area.

Future Transfers to the Commissioner

3.54 Subject to the agreement of the GNWT, where Canada determines it no longer requires lands or rights in respect of Waters referred to in section 3.31, 3.36 or 3.38 and the list in Schedule 4, Canada may transfer administration and control of those lands or rights in respect of Waters to the Commissioner.

Security

3.55 Canada and the GNWT shall cause, through assignment of rights from Canada to the GNWT, or as otherwise may be agreed, every security held in relation to Existing Interests to be available to be administered by the GNWT as of the Transfer Date.

Receivables, Payables, Royalties, Rentals and Dues

3.56 Canada shall:

  • be responsible for all NAO-related accounts payable which are in respect of a time frame prior to the Transfer Date, including accounts for goods and services purchased, leased or obtained by other arrangements; and
  • receive from the GNWT any NAO-related account receivable, royalty, rental, due, fee or other charge that is in respect of the time period prior to the Transfer Date.

3.57 Canada shall remit to the GNWT any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, in relation to Public Lands and rights in respect of Waters that Canada receives and which is in respect of the time frame following the Transfer Date.

Procedures for Collection and Reconciliation of Accounts

3.58 As of the Transfer Date, any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, payable to Canada by the holder of an Existing Interest is payable to the GNWT pursuant to territorial Legislation.

3.59 Where the GNWT collects any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, from the holder of an Existing Interest and in relation to a period beginning prior to the Transfer Date and ending after the Transfer Date, the GNWT shall remit to Canada a portion of such royalty, rental, dues, fee, or charge in proportion to the length of that period extending prior to the Transfer Date.

3.60 Where Canada collects any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, from the holder of an Existing Interest and in relation to a period beginning prior to the Transfer Date and ending after the Transfer Date, Canada shall remit to the GNWT a portion of such royalty, rental, dues, fee, or charge in proportion to the length of that period extending after the Transfer Date.

Applications

3.61 The GNWT or another body as the case may be shall, in accordance with territorial Legislation, process and dispose of any application made pursuant to federal Legislation repealed pursuant to section 3.7 where that application has not been disposed of prior to the Transfer Date.

3.62 For the purposes of territorial Legislation, an application referred to in section 3.61 shall be deemed to have been made on the date it was made under federal Legislation.

3.63 On the Transfer Date, Canada shall transfer to the GNWT:

  • any land use fee it holds with respect to any application referred to in section 3.61 made for a land use permit pursuant to federal Legislation; and
  • any deposit it holds with respect to any application referred to in section 3.61 made for a water licence pursuant to federal Legislation.

Board Membership

3.64 Transitional provisions of the territorial Legislation referred to in section 3.11 shall provide for the continuity and composition of any board established under the federal Legislation repealed pursuant to section 3.7.

Proceedings and Enforcement

3.65 Canada shall remain responsible for enforcement actions commenced by Canada prior to the Transfer Date under federal Legislation which is repealed, rendered inapplicable or replaced on the Transfer Date as a result of this Agreement, and which actions are before a court but not yet resolved at the Transfer Date.

3.66 As of the Transfer Date, the GNWT shall be responsible for determining whether to commence or continue enforcement actions under federal Legislation which is repealed, rendered inapplicable or replaced on the Transfer Date as a result of this Agreement, other than those referred to in section 3.65.

Chapter 4
Post-Devolution Resource Management

Post-Devolution Resource Management

4.1 For the purposes of this Chapter 4, "Aboriginal Party" means a party, other than the GNWT, to the intergovernmental agreement referred to in section 4.3.

4.2 For the purpose of this Chapter 4, "management of Public Lands and Settlement Lands and rights in respect of Waters" means the management of:

  • those forms of natural resources on, in or under Public Lands and Waters, which natural resources are subject to the transfer of administration and control in section 3.1; and
  • the same forms of natural resources described in subsection 4.2(a), which natural resources are located on, in or under Settlement Lands.

4.3 Attached as Schedule 5 is the "Northwest Territories Intergovernmental Agreement On Lands And Resources Management" among the GNWT and Aboriginal Parties, which sets out a government to government relationship and provides for mechanisms for coordination and cooperation with respect to the management of Public Lands and Settlement Lands and rights in respect of Waters.

4.4 Nothing in this Chapter 4 shall be construed so as to preclude the GNWT and an Aboriginal Party from entering into any other agreement respecting the management of Public Lands and Settlement Lands and rights in respect of Waters.

4.5 Nothing in this Chapter 4 or any agreement referred to in either section 4.3 or 4.4 shall be construed so as to create or give rise to any obligation of or by Canada.

Chapter 5
Administration of Oil and Gas Resources among Onshore and Offshore Jurisdictions in the ISR

5.1 In this Chapter 5 "parties" means Canada, the GNWT and IRC and "party" means any one of them.

5.2 The parties acknowledge that:

  • it is in the interest of good governance, sound Oil and Gas resource management and sustainable development, to make provision for coordination and cooperation between the respective post-devolution jurisdictions in respect of Oil and Gas resource management and administration in the ISR, particularly in areas where Oil and Gas resources straddle, or potentially straddle, the Onshore and the offshore; and
  • coordination and cooperation among Onshore and offshore Oil and Gas jurisdictions in the ISR is desirable to provide for the orderly development of Oil and Gas resources, particularly in areas where Oil and Gas resources straddle, or potentially straddle, the Onshore and the offshore.

5.3 The parties shall Consult with each other with regard to the development of, or changes to, the respective Oil and Gas policies or Legislation of Canada or the GNWT and, in the case of the IRC, its policies and procedures of a similar order, applicable in the ISR, including, without limiting the generality of the foregoing, with regard to:

  • rights issuance processes;
  • the regulation of operations relating to Oil and Gas exploration, development, production and transportation; and
  • royalty regimes.

5.4 The parties shall conduct such joint or coordinated public consultations as they may mutually consider appropriate from time to time, seeking input from industry, other stakeholders and other members of the public, with regard to the proposed development of, or changes to, their respective Oil and Gas policies, procedures or Legislation applicable in the ISR.

5.5 In addition to and in furtherance of the acknowledgements and obligations set out in sections 5.2 to 5.4 the parties have executed and delivered at the time of the execution and delivery of this Agreement the "Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region" an executed copy of which agreement is attached as Schedule 6.

5.6 Nothing in this Chapter 5 or the agreement referred to in section 5.5 shall be construed so as to create or give rise to any obligation on any Party other than a party defined in section 5.1.

5.7 Provisions in this Chapter 5, except section 5.6, may be amended from time to time by the written agreement of the parties. In the event of any such amendment the parties shall deliver notice of such amendment to the other Parties within 15 days of the date of such amendment.

Chapter 6
Waste Sites

Meaning of Settlement Lands for the Purposes of this Chapter 6

6.1 For the purposes of this Chapter 6, "Settlement Lands" means lands in the Northwest Territories the title to which is vested in an Aboriginal Party pursuant to the terms of a Settlement Agreement.

Responsibility for Waste Sites

6.2 Nothing in this Agreement shall affect any liability, obligation or responsibility of any person, other than the Parties, for the Management of any Waste Site.

6.3 Notwithstanding any provision of this Agreement, Canada shall not be responsible for the Remediation of any Alteration which is the result of activities conducted by or on behalf of the GNWT or an Aboriginal Party.

6.4 Subject at all times to the express provisions of this Chapter 6, the allocation of responsibility for the Management of Waste Sites among the Parties pursuant to this Agreement is based upon the following principles:

  • Canada is responsible for the Management of Waste Sites on Public Lands which were wholly created prior to the Transfer Date;
  • the GNWT is responsible for the Management of Waste Sites on Public Lands which were wholly created after the Transfer Date;
  • the responsibility for the Management of Waste Sites on Settlement Lands is, subject to section 6.15 and the terms of any Settlement Agreement, as follows:
    • Waste Sites on Public Lands wholly created before the Transfer Date and before the date such lands became Settlement Lands are the responsibility of Canada other than those that are or become Remediated Sites;
    • Waste Sites on Settlement Lands wholly created before the Transfer Date that result from an Encumbering Right are the responsibility of Canada other than those that are or become Remediated Sites;
    • Waste Sites on Settlement Lands wholly created after the Transfer Date that result from an Encumbering Right are the responsibility of the GNWT;
    • Waste Sites on Public Lands wholly created after the Transfer Date and before the date such lands became Settlement Lands are the responsibility of the GNWT;
    • Waste Sites on Commissioner's Lands wholly created before the date such lands became Settlement Lands are the responsibility of the GNWT; and
    • subject to sections 6.4(c)(ii), 6.4(c)(iii) and 6.5, Waste Sites on Settlement Lands wholly created after the date such lands became Settlement Lands are the responsibility of the Aboriginal Party that owns such Settlement Lands.

6.5 Notwithstanding any provision of this Agreement, the GNWT shall be responsible for the Remediation of any Alteration on an Abandoned Site resulting from any development or project which had an Operator on the Transfer Date:

  • where the original approval of the development or project has been subject to:
    • an environmental assessment panel review under the Environmental Assessment and Review Process Guideline Order, June 21, 1984;
    • an assessment by a review panel or a joint review panel, or a comprehensive study pursuant to the Canadian Environmental Assessment Act (Canada);
    • an environmental assessment, an assessment by a review panel or a joint review panel, pursuant to the Canadian Environmental Assessment Act (2012) (Canada);
    • an environmental assessment or an environmental impact review or joint review pursuant to the Mackenzie Valley Resource Management Act (Canada); or
    • a review pursuant to the Inuvialuit Final Agreement by the Review Board established pursuant to section 11(22) of that agreement;
  • which was approved pursuant to Parts 3 or 4 of the Mackenzie Valley Resource Management Act (Canada), if applicable to that development or project;
  • in respect of which security in the amounts determined in the processes pursuant to subsection 6.5(a) or 6.5(b) above has been posted; and
  • which is in material compliance with applicable laws, regulations, permits and licences related to emissions, land use or water use,

    and such sites are identified and listed in Part A of the Inventory of Sites.

6.6 Prior to the Transfer Date, the Inventory of Sites may be varied in the following manner:

  • Canada shall add a site to Part A (Released Sites) where that site:
    • meets the criteria of subsections 6.5(a) to (d);
    • is a site comprised of Alterations which are the result of activities conducted by, or on behalf of, the GNWT or an Aboriginal Party; or
    • is an Operating Site where the Operator is the GNWT or an Aboriginal Party or a person acting on their behalf;
  • Canada shall remove a site from Part A (Released Sites) where that site does not meet the criteria of paragraph 6.6(a)(i), 6.6(a)(ii), or 6.6(a)(iii);
  • Canada may add a site to Part B (Remediated Sites) or Part D (Sites Requiring Remediation);
  • Canada shall add to Part D (Sites Requiring Remediation) any site that becomes a Site Requiring Remediation prior to the Transfer Date;
  • Canada may add a site to or remove a site from Part E (Operating Sites);
  • where Canada and the GNWT or Canada and the Aboriginal Party that owns the relevant Settlement Lands, as the case may be, agree to do so, a site may be added to or removed from Part C (Excepted Waste Sites); and
  • any other change to the Inventory of Sites may be made with the written agreement of the Parties.

6.7 Canada shall Consult the other Parties with regard to any proposed change to the Inventory of Sites referred to in subsections 6.6(a) to 6.6(e).

6.8 Canada and the GNWT shall Consult the Aboriginal Parties with regard to any proposed change to the Inventory of Sites referred to in subsection 6.6(f).

6.9 As soon as practicable after the Transfer Date, Canada shall provide to the other Parties a final Inventory of Sites consisting of Part A (Released Sites), Part B (Remediated Sites), Part C (Excepted Waste Sites), Part D (Sites Requiring Remediation), and Part E (Operating Sites) which shall include any changes made pursuant to section 6.6.

Operating Sites

6.10 Canada shall be deemed to be immediately released from any obligation in respect of any Operating Site and such site shall be a Released Site as of the earlier of:

  • the extension or renewal of any lease, licence, permit or other right or interest in respect of an Operating Site existing at the Transfer Date where the GNWT or an Aboriginal Party, as the case may be, had the authority not to extend or renew such lease, licence, permit or other right or interest; or
  • the fifth anniversary of the Transfer Date.

6.11 Subject to 6.10, where:

  • an Operating Site on Public Lands becomes an Abandoned Site; or
  • there is an Insolvency Event in respect of an Operating Site on Public Lands which results in that Operating Site becoming an Abandoned Site

    then, upon that site becoming an Abandoned Site (an "Abandoned Operating Site"), Canada's responsibility in respect of Remediation at such Abandoned Operating Site shall be determined pursuant to sections 6.22 to 6.36.

6.12 The GNWT shall diligently pursue all reasonable means (including legal means) available to it to recover any debt owed to it or to realize any proceeds available to it in proceedings in the course of an Insolvency Event in respect of an Operating Site or an Abandoned Operating Site.

6.13 The GNWT shall as soon as practicable pay to Canada an amount equal to any debts recovered or proceeds realized by the GNWT in respect of an Abandoned Operating Site which are attributable to an Alteration Requiring Remediation at that Abandoned Operating Site for which Canada is responsible pursuant to this Agreement, less any direct costs incurred by the GNWT in recovering such debt or realizing on such proceeds.

6.14 The GNWT shall as soon as is practicable pay to Canada an amount equal to any security assigned to the GNWT pursuant to section 3.55 and relating to Remediation obligations in respect of an Abandoned Operating Site which has been determined to be a New Site Requiring Remediation pursuant to section 6.26, 6.27 or 6.32.

Excepted Waste Sites

6.15 Responsibility for Management of Waste Sites created after the date such lands became Settlement Lands as a result of the exercise of rights in respect of Minerals, Oil or Gas granted by Canada or the GNWT on those lands where title to the Minerals, Oil or Gas is not vested in an Aboriginal Party pursuant to a Settlement Agreement, shall not be determined pursuant to this Agreement and shall be determined pursuant to separate negotiations between the Aboriginal Party that owns such Settlement Lands and Canada or the GNWT, as the case may be.

6.16 Where, prior to the Transfer Date, Minerals, Oil or Gas on Commissioner's Lands were under the administration and control of Canada and rights in respect of Minerals, Oil or Gas were issued by Canada and exercised by the holder of such rights, responsibility for the Management of such Waste Sites shall not be determined pursuant to this Agreement and shall be determined pursuant to separate negotiations between Canada and the GNWT.

6.17 The separate negotiations referred to in sections 6.15 and 6.16 in respect of sites listed in Part C of the Inventory of Sites on the Transfer Date shall commence as soon as is practicable following the Transfer Date and in any event no later than 18 months following the Transfer Date. The separate negotiations in respect of Excepted Waste Sites not listed in Part C of the Inventory of Sites on the Transfer Date shall commence as soon as is practicable following the mutual identification of such sites as Excepted Waste Sites by the relevant Parties.

6.18 The Parties acknowledge that responsibility for the Remediation of Waste Sites at the former Giant Mine is subject to the Cooperation Agreement Respecting the Giant Mine Remediation Project dated March 15, 2005 made between Canada and the GNWT and that the subsurface of the Giant Mine site shall be excluded from the transfer of administration and control referred to in section 3.1 and shall be included in the inventory of exclusions referred to in section 3.34.

Standards

6.19 Remediation for which Canada is responsible under this Agreement shall be based on those standards in federal Legislation in respect of a hazard to the environment or human health or safety, as such standards exist at the time such Remediation is performed.

6.20 Where no applicable standards referred to in section 6.19 exist at the time Remediation for which Canada is responsible is performed, such Remediation shall, at the discretion of Canada, be based on any or a combination of standards in respect of a hazard to the environment or human health or safety:

  • set out in territorial Legislation as such standards exist at the time such Remediation is performed; or
  • set out in the CCME Guidelines in conjunction with the risk assessment framework set out in such guidelines; or
  • as may be agreed between Canada, the GNWT and, where the Remediation is in respect of Settlement Lands, any affected Aboriginal Party.

6.21 Canada and the GNWT shall Consult each other and any affected Aboriginal Party, prior to introducing Legislation to adopt or vary a standard referred to in section 6.19 or subsection 6.20(a), as the case may be.

Rights to Assert Remediation Required

6.22 After the Transfer Date, the GNWT may assert in respect of any Abandoned Operating Site or Abandoned Oil and Gas Sump or Well Site on Public Lands that there is an Alteration Requiring Remediation at such site and the GNWT shall provide evidence to Canada in support of this assertion.

6.23 After the Transfer Date, in respect of any Abandoned Operating Site or Abandoned Oil and Gas Sump or Well Site on Settlement Lands, the Aboriginal Party that owns such Settlement Lands may assert that there is an Alteration Requiring Remediation at such site and the Aboriginal Party shall provide evidence to Canada in support of this assertion.

6.24 The evidence required from the GNWT or an Aboriginal Party pursuant to section 6.22 or 6.23, as the case may be, shall include a completed phase I and II Environmental Site Assessment pursuant to the then current Canadian Standards Association standards for such assessments.

6.25 Canada's responsibility to Remediate any Alteration Requiring Remediation at any Abandoned Operating Site or Abandoned Oil and Gas Sump or Well Site asserted by the GNWT or an Aboriginal Party pursuant to section 6.22 or 6.23, as the case may be, shall be subject at all times to demonstration by the GNWT or the Aboriginal Party, as the case may be, that it has diligently pursued all reasonable means available to allocate responsibility for such Remediation to a person other than Canada including an Operator or a former Operator.

6.26 Canada shall review the evidence provided pursuant to section 6.22 and Consult with the GNWT regarding this evidence and the assertion of the GNWT referred to in section 6.22, following which Canada shall determine that:

  • the Abandoned Operating Site is a New Site Requiring Remediation where:
    • Canada is of the opinion that there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
    • Canada is satisfied that the GNWT has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator; or
  • an Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation where:
    • Canada is of the opinion that the Oil and Gas Sump, the Oil and Gas Well, or both, as the case may be, existed at such site on Public Lands prior to the Transfer Date and there is an Alteration Requiring Remediation at the site which is attributable to such Oil and Gas Sump, such Oil and Gas Well, or both such sump and well, as the case may be; and
    • Canada is satisfied that the GNWT has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator.

6.27 Canada shall review the evidence provided pursuant to section 6.23 and Consult with the Aboriginal Party regarding such evidence and the assertion of the Aboriginal Party referred to in section 6.23, following which Canada shall determine that:

  • the Abandoned Operating Site is a New Site Requiring Remediation where:
    • Canada is of the opinion that there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to both the date on which the lands became Settlement Lands and the Transfer Date; and
    • Canada is satisfied that the Aboriginal Party has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator; or
  • an Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation where:
    • Canada is of the opinion that the Oil and Gas Sump, the Oil and Gas Well, or both, as the case may be, existed at such site on Public Lands prior to both the date on which the lands became Settlement Lands and the Transfer Date and there is an Alteration Requiring Remediation at the site which is attributable to such Oil and Gas Sump, such Oil and Gas Well, or both such sump and well, as the case may be; and
    • Canada is satisfied that the Aboriginal Party has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator.

6.28 Canada shall notify the GNWT or the Aboriginal Party of its determination pursuant to section 6.26 or 6.27, as the case may be, that an Abandoned Operating Site, or an Abandoned Oil and Gas Sump or Well Site is, or is not, a New Site Requiring Remediation.

6.29 Where Canada determines pursuant to section 6.26 or 6.27 that an Abandoned Operating Site or Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation, such site shall as of the date of such determination be a New Site Requiring Remediation.

Disputes as to Whether Remediation Required

6.30 Where Canada determines pursuant to section 6.26 or 6.27 that an Abandoned Operating Site or Abandoned Oil and Gas Sump or Well Site is not a New Site Requiring Remediation, and either the GNWT or the Aboriginal Party, as the case may be, does not agree with Canada's determination, the GNWT or the Aboriginal Party may refer the matter for resolution pursuant to the process set out in sections 6.31 to 6.36.

6.31 A dispute resolution panel shall be constituted of three members, selected as follows:

  • one representative selected by the GNWT or the Aboriginal Party, as the case may be;
  • one representative selected by Canada; and
  • one independent expert, qualified by education and experience to review such determination, jointly selected by Canada and the GNWT, or Canada and the Aboriginal Party, as the case may be.

6.32 In the case of a matter referred for resolution by the GNWT pursuant to section 6.30, the dispute resolution panel shall review relevant evidence and the submissions of the Parties to the dispute regarding the Abandoned Operating Site or the Abandoned Oil and Gas Sump or Well Site, and shall determine that:

  • the Abandoned Operating Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
    • there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
    • the GNWT has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator; or
  • the Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
    • the Oil and Gas Sump, the Oil and Gas Well, or both, as the case may be, existed at such site on Public Lands prior to the Transfer Date and there is an Alteration Requiring Remediation at the site which is attributable to such Oil and Gas Sump, or Oil and Gas Well, or both such sump and well, as the case may be; and
    • the GNWT has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator.

6.33 In the case of a matter referred for resolution by an Aboriginal Party pursuant to section 6.30, the dispute resolution panel shall review relevant evidence and the submissions of the parties to the dispute regarding the Abandoned Operating Site or the Abandoned Oil and Gas Sump Site, and shall determine that:

  • the Abandoned Operating Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
    • there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to both the date on which the lands became Settlement Lands and the Transfer Date; and
    • that the Aboriginal Party has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator; or
  • the Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
    • the Oil and Gas Sump, the Oil and Gas Well, or both, as the case may be, existed at such site on Public Lands prior to both the date on which the lands became Settlement Lands and the Transfer Date and there is an Alteration Requiring Remediation at the site which is attributable to such Oil and Gas Sump, or Oil and Gas Well, or both such sump and well, as the case may be; and
    • the Aboriginal Party has met the obligation in section 6.25 to diligently pursue all reasonable means available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than Canada, including an Operator or a former Operator.

6.34 Where the dispute resolution panel determines pursuant to section 6.32 or 6.33 that an Abandoned Operating Site or an Abandoned Oil and Gas Sump or Well Site is a New Site Requiring Remediation, such site shall as of the date of such determination be a New Site Requiring Remediation.

6.35 The independent expert referred to in section 6.31(c) shall notify Canada and the GNWT or Canada and the Aboriginal Party, as the case may be, of the determination of the dispute resolution panel pursuant to section 6.32 or 6.33.

6.36 Each party to the dispute shall pay for its own costs and the costs of the representative selected by such party pursuant to section 6.31(a) or 6.31(b), as the case may be, and shall share equally the costs associated with the independent expert selected pursuant to section 6.31 (c).

New Sites Requiring Remediation

6.37 Except as otherwise provided in this Agreement, at each New Site Requiring Remediation Canada shall be responsible for the Remediation of any Alteration Requiring Remediation which existed:

  • on Public Lands prior to the Transfer Date; or
  • on Public Lands prior to both:
    • the date on which such Public Lands became Settlement Lands; and
    • the Transfer Date.

6.38 Notwithstanding section 6.37, where an Abandoned Oil and Gas Sump or Well Site is determined to be a New Site Requiring Remediation pursuant to section 6.26(b), 6.27(b), 6.32(b), or 6.33(b), Canada shall only be responsible for the Remediation of any Alteration Requiring Remediation which is attributable to such Oil and Gas Sump or Oil and Gas Well, or both such sump and well, as the case may be.

6.39 Notwithstanding section 6.37, Canada shall not be required to Remediate any Alteration at any New Site Requiring Remediation where, after the Transfer Date, the GNWT or an Aboriginal Party could reasonably have taken measures that would have prevented the Alteration from becoming an Alteration Requiring Remediation.

6.40 If it is determined pursuant to section 6.26, 6.32 or 6.61 that an Abandoned Operating Site, an Abandoned Oil and Gas Sump or Well Site, or a Remediated Site is a New Site Requiring Remediation on Public Lands, then Canada may request, in writing, that the Commissioner relinquish to Canada the administration and control of such New Site Requiring Remediation.

6.41 The written request referred to in section 6.40 shall describe the boundary of the site that Canada is requesting the Commissioner to relinquish, which boundary shall encompass the Alterations Requiring Remediation and, where practicable, be based on any existing mineral claims or other existing grants of right.

6.42 The Commissioner shall relinquish to Canada the administration and control of a New Site Requiring Remediation within 180 days from the date of the request referred to in section 6.40 in respect of such site, failing which Canada shall be deemed to be immediately released of any further obligation in respect of that site and the site shall be a Released Site.

Sites Requiring Remediation

6.43 All Sites Requiring Remediation listed in Part D of the Inventory of Sites at the Transfer Date shall be excluded from the transfer of administration and control referred to in section 3.1 and shall be included in the inventory of exclusions referred to in section 3.34.

6.44 Except as otherwise provided in this Agreement, Canada shall be responsible for the Remediation of any Alteration Requiring Remediation at each Site Requiring Remediation.

Remediated Sites

6.45 Upon completion of the Remediation of all of the Alterations Requiring Remediation at a Site Requiring Remediation or a New Site Requiring Remediation, such site shall be a Remediated Site.

6.46 Upon completion of the Remediation referred to in section 6.45, Canada shall provide to the GNWT and any affected Aboriginal Party a report detailing:

  • the location of the site;
  • the nature of any Alteration so Remediated;
  • the measures undertaken to Remediate such Alteration; and
  • recommendations in respect of ongoing Management of Remediation features, if any.

Transfer of Sites to Commissioner

6.47 Subject to the agreement of the GNWT, where a Remediated Site is situated on lands under the administration and control of Canada, Canada may transfer the administration and control of such Remediated Site to the Commissioner and, notwithstanding such transfer, the site shall continue to be a Remediated Site.

6.48 At any time following the Transfer Date, the GNWT may request of Canada in writing that Canada transfer to the Commissioner administration and control of any Site Requiring Remediation, any New Site Requiring Remediation or any Remediated Site. Upon receipt of such request Canada may, in its sole discretion, transfer administration and control of the site to the Commissioner and such site shall, from and after the date of such transfer, be a Released Site.

Non-Issuance of Rights

6.49 Upon request from Canada, the GNWT shall prohibit the issuance of any interests or the authorization of the conduct of any activity under territorial Legislation at any New Site Requiring Remediation where Canada determines that such prohibition is required:

  • to carry out or to minimize any Remediation required at that site; or
  • to prevent any aggravation of any Alteration Requiring Remediation at that site.

6.50 Such prohibition shall remain in effect at least until Canada notifies the GNWT that all Alterations Requiring Remediation at the site have been Remediated.

Releases

6.51 Following the Transfer Date, Canada shall be released of any responsibility for Remediation in respect of:

  • Released Sites; and
  • Remediated Sites, subject to the warranty referred to in sections 6.55 and 6.56.

6.52 If the GNWT does not comply with a request by Canada for a prohibition pursuant to section 6.49 within 90 days, or the GNWT does not cause the prohibition to remain in effect until Canada notifies the GNWT that all Alterations Requiring Remediation at the site have been Remediated and such failure on the part of the GNWT to maintain the prohibition results in further Alterations at that site, Canada shall be deemed to be immediately released of any further obligation in respect of that Waste Site and such site shall be a Released Site.

6.53 Where the GNWT or any Aboriginal Party grants, issues, or renews any lease, licence, permit or other right or interest or authorizes or conducts any activity which results in a material interference with any Remediation obligation of Canada at a site pursuant to this Chapter 6, Canada shall be deemed to be immediately released of any further Remediation obligation in relation to that site and such site shall be a Released Site.

6.54 Section 6.53 shall not apply to a renewal referred to in section 6.53 in the circumstances that the GNWT or an Aboriginal Party, as the case may be, had no authority to refuse such renewal.

Warranty

6.55 Canada warrants in respect of any Remediated Site on Public Lands that as at the date the administration and control of such site was transferred to the Commissioner, all Alterations Requiring Remediation which existed on Public Lands at such Remediated Site prior to the Transfer Date have been Remediated in accordance with the Standards and Remediation processes applicable to such Alterations at the time the Remediation was carried out.

6.56 Canada warrants in respect of any Remediated Site on Settlement Lands that all Alterations Requiring Remediation which existed on Public Lands prior to both:

  • the date on which the lands became Settlement Lands; and
  • the Transfer Date,

    have been Remediated in accordance with the Standards and Remediation processes applicable to such Alterations at the time when the Remediation was carried out.

6.57 The warranty referred to in sections 6.55 and 6.56 shall no longer apply where and to the extent that the GNWT or any Aboriginal Party:

  • grants or issues any lease, licence, permit or other right or interest, or authorizes or conducts any activity, in respect of a Remediated Site, or any part thereof, which result in a material adverse effect to the condition of a Remediated Site, or any part thereof; or
  • unauthorized activities have occurred from and after the Transfer Date which result in a material adverse effect to the condition of a Remediated Site, or any part thereof.

6.58 Canada shall not be required to Remediate any Alteration in respect of which the warranty in section 6.55 or 6.56 no longer applies, including pursuant to section 6.57.

6.59 Where the GNWT believes that the condition of a Remediated Site does not meet the warranty set out in section 6.55, the GNWT shall, prior to seeking any other redress, request that Canada determine that the site is a New Site Requiring Remediation.

6.60 Where an Aboriginal Party believes that the condition of a Remediated Site on its Settlement Land does not meet the warranty set out in section 6.56, the Aboriginal Party shall, prior to seeking any other redress, request that Canada determine that the site is a New Site Requiring Remediation.

6.61 Where Canada receives a request pursuant to section 6.59 or 6.60 Canada shall determine that the site is a New Site Requiring Remediation if Canada is of the opinion that the condition of the site does not meet the warranty set out in section 6.55 or 6.56, as the case may be.

Access by Canada

6.62 Canada shall have the right to access Public Lands and Waters and the right to use natural resources in or on Public Lands in order to fulfill its responsibilities in respect of this Chapter 6.

6.63 Canada shall have the right to access or use Settlement Lands of an Aboriginal Party and Waters overlying such lands, and the right to use natural resources in or on such lands, in order to fulfill its responsibilities in respect of this Chapter 6 provided, for greater certainty:

  • that such access, use or occupancy by Canada in the case of the Settlement Lands subject to the Sahtu Agreement shall be pursuant to section 21.3.1 of the Sahtu Agreement; and
  • SSI hereby acknowledges and agrees that any access, use or occupancy of lands, Waters or natural resources by Canada in order to fulfill any of its responsibilities pursuant to this Chapter 6 in respect of the Settlement Lands subject to the Sahtu Agreement shall be on the terms agreed between Canada and SSI and set out in this Chapter 6 and not subject to any other terms nor to any other or further negotiations between Canada and SSI pursuant to the terms of section 21.3.2 of the Sahtu Agreement, nor subject to arbitration pursuant to the terms of section 21.3.2 of the Sahtu Agreement.

6.64 Except as may otherwise be agreed by Canada and the GNWT or by Canada and an Aboriginal Party, as the case may be, there shall be no rental, fee, charge or other compensation payable by Canada for the exercise of the right of access or the use of natural resources pursuant to section 6.62 or 6.63 or for any cost incurred by the GNWT or Aboriginal Party, as the case may be, in relation to such natural resources or access.

6.65 Subject to section 6.66, prior to the exercise of a right of access or a right to use natural resources pursuant to section 6.62 or 6.63 Canada shall, as soon as is practicable, provide notice thereof to the GNWT or the Aboriginal Party, as the case may be.

6.66 Canada shall not be required to provide the notice referred to in section 6.65 where the exercise of a right of access or a right to use natural resources is required on an urgent basis in order to protect human health or safety, property or the environment.

6.67 The obligations of Canada under this Agreement in respect of the Remediation of Alterations Requiring Remediation on Public Lands are subject to the right of access to such lands and the right to use natural resources in or on such lands set out in section 6.62.

6.68 The obligations of Canada under this Agreement in respect of the Remediation of Alterations Requiring Remediation on Settlement Lands are subject to the right of access to such lands and the right to use natural resources in or on such lands set out in section 6.63.

Economic Opportunities

6.69 Canada and the GNWT will endeavour to provide economic opportunities for businesses in the Northwest Territories and Aboriginal businesses related to the Remediation of Waste Sites in accordance with their respective Legislation and contracting policies.

Dispute Resolution

6.70 Except as otherwise expressly provided in this Chapter 6, any dispute arising in respect of Waste Sites that the Parties are unable to resolve at a working level, shall be forwarded to a committee of senior officials comprised of one senior official designated by each of Canada and the GNWT and/or any affected Aboriginal Party (as the case may be) for discussion. Such committee of senior officials shall attempt to resolve such disputes.

Security Held on Deposit

6.71 Notwithstanding any provision of this Agreement, Canada shall retain any security held on deposit at the Transfer Date in respect of a Site Requiring Remediation.

Waste Sites Management Committee

6.72 As soon as is practicable following the Transfer Date, the Parties shall establish a waste sites management committee (the "WSMC"). The terms of reference for the WSMC are set out in Schedule 8.

6.73 The WSMC shall be established as an intergovernmental committee created to review, discuss and consider, and provide advice and recommendations to Canada in respect of, the Management of Waste Sites for which Canada is legally responsible pursuant to this Chapter 6.

6.74 Canada shall consider any advice and recommendations of the WSMC, including any dissenting advice and recommendations, before making a decision in respect of any matter contemplated in section 6.73.

6.75 Notwithstanding any provision of this Agreement, all decisions with respect to the Management of Waste Sites by Canada and the prioritization of the Management of Waste Sites and Remediation actions pursuant to this Chapter 6, shall be solely the responsibility of Canada.

Other Arrangements

6.76 Nothing in this Chapter 6 shall be construed to preclude Canada, the GNWT or an Aboriginal Party from reaching a separate agreement respecting the Remediation of any Waste Site. Any such separate agreement shall not affect any right of or impose any obligation on any Party not a party to such separate agreement.

Chapter 7
Human Resources

Objective

7.1 The objective of this Chapter 7 is to ensure that the GNWT has, as at the Transfer Date, a knowledgeable, experienced and stable workforce that provides a continuity of program and service delivery in respect of the administration of Public Lands and rights in respect of Waters through maximizing the acceptance of job offers from the GNWT by Affected Federal Employees.

Human Resources Cooperation

7.2 Canada and the GNWT agree to work cooperatively during the period between the signing of this Agreement and the Transfer Date to ensure the orderly management of human resources matters.

7.3 Canada agrees to inform the GNWT of any material organizational changes affecting NAO in the Northwest Territories prior to the Transfer Date.

Offers of Employment

7.4 In respect of each indeterminate full-time or part-time employee of Canada to whom Canada will send a Notice of Alternative Delivery Initiative, Canada shall, subject to obtaining the written consent of that employee, provide to the GNWT the most current of the following information in respect of that employee:

  • full name;
  • mailing address;
  • social insurance number;
  • marital status;
  • number and birth dates of any dependants;
  • substantive level to which that employee has been appointed, as defined in the Policy on Terms and Conditions of Employment (Canada);
  • position title, position number and description of duties and functions of that employee, at that employee's substantive level;
  • location of position;
  • full-time or part-time status;
  • where the employee is subject to a probationary period immediately prior to the Transfer Date, the date of termination of such probationary period;
  • Federal Salary, benefits and allowances;
  • hours of work and hourly rated amount;
  • amount of supervisory differential, if any;
  • amount of salary equalization adjustment, if any;
  • amount of environmental allowance, cost of living differential allowance, shelter cost differential allowance, fuel and utilities differential allowance and vacation travel assistance allowance components of the National Joint Council Isolated Post and Government Housing Directive (Canada) calculated on the basis of that employee's location and number of dependants;
  • compulsory and voluntary deductions; and
  • information in the possession of Canada regarding the work experience of the employee, including the most recent copy of that employee's curriculum vitae (résumé) in the possession of Canada.

7.5 The information referred to in section 7.4 shall be provided by Canada to the GNWT on a date agreed upon by Canada and the GNWT, which date shall provide sufficient time for the GNWT to comply with section 7.6.

7.6 No later than six months prior to the Transfer Date, the GNWT shall make a written offer of employment to each employee of Canada in respect of whom Canada has provided information pursuant to section 7.4. Such written offer shall include an offer of the following terms of employment:

  • a position the duties and functions of which match as closely as possible the description of duties and functions provided pursuant to subsection 7.4(g) and the location provided pursuant to subsection 7.4(h);
  • where that employee's GNWT Compensation is equal to or greater than that employee's Federal Compensation, an offer of GNWT Compensation;
  • where that employee's GNWT Compensation is less than that employee's Federal Compensation, an offer of GNWT Compensation and a GNWT Transition Allowance the sum of which is equal to or greater than that employee's Federal Compensation;
  • where the employee has full-time indeterminate employment status with Canada, employment with the GNWT as a full-time indeterminate employee; and
  • where the employee has part-time indeterminate employment status with Canada, employment with the GNWT as a part-time indeterminate employee at the same full-time equivalency.

7.7 The written offers of employment referred to in section 7.6 shall be delivered by hand or by registered mail to the mailing address of an employee provided to the GNWT pursuant to subsection 7.4(b).

7.8 As soon as is practicable after the delivery, pursuant to section 7.7, of the written offers of employment referred to in section 7.6 the GNWT will provide Canada with confirmation of such delivery.

7.9 The written offers of employment referred to in section 7.6 shall meet or exceed the requirements of a Type 2 alternative delivery initiative pursuant to Part VII of the National Joint Council Work Force Adjustment Directive (Canada) or equivalent provisions of any collective agreement applicable to the Affected Federal Employee receiving such offer.

7.10 Canada shall issue, in writing, a Notice of Alternative Delivery Initiative to each employee who receives a GNWT written offer of employment pursuant to section 7.6. Such notice shall be dated the same date as the offer of employment.

7.11 The written Notice of Alternative Delivery Initiative referred to in section 7.8 shall be delivered by hand or by registered mail to the mailing address of an employee provided to the GNWT pursuant to subsection 7.4(b).

7.12 Each Affected Federal Employee shall have 60 days from the date of receipt of the Notice of Alternative Delivery Initiative to accept, in writing, the written offer of employment referred to in section 7.6.

7.13 As soon as practicable after an Affected Federal Employee accepts the written offer of employment referred to in section 7.6, and not later than 30 days prior to the Transfer Date, Canada shall, subject to obtaining the written consent of that employee, provide to the GNWT:

  • a statement of the amount of earned and unused federal vacation leave to be considered for the purposes of section 7.27;
  • the amount of sick leave to be credited to that employee pursuant to section 7.30; and
  • a report of that employee's prior Federal Service as of immediately prior to the Transfer Date, including continuous Federal Service, continuous federal employment and Federal Service relevant for the purpose of calculating vacation leave and vacation pay.

7.14 Canada shall advise the GNWT of all changes to the information provided by Canada pursuant to sections 7.4 and 7.13 that occur prior to the Transfer Date as soon as practicable after any such change occurs.

7.15 As soon as practicable after the Transfer Date, Canada shall provide the GNWT with a record of pensionable service in respect of each Appointed Employee.

7.16 The GNWT shall be entitled to rely on information provided by Canada pursuant to sections 7.4 and 7.13 in meeting its obligations under this Chapter 7 in respect of Affected Federal Employees and Appointed Employees.

7.17 The GNWT shall treat the information provided by Canada pursuant to sections 7.4 and 7.13 in accordance with the Access to Information and Protection of Privacy Act (NWT).

7.18 Prior to the Transfer Date, the GNWT shall use the information provided by Canada pursuant to sections 7.4 and 7.13 only for the purposes of making the written offers of employment referred to in section 7.6 or for the purposes of creating personnel files for Appointed Employees.

7.19 For greater certainty, if an Affected Federal Employee refuses the offer of employment referred to in section 7.6, the GNWT shall protect the confidentiality of information provided by Canada under section 7.4 in respect of that employee by retaining and disposing of such information in accordance with territorial Legislation.

Probationary Period

7.20 Subject to section 7.21, an Appointed Employee shall not be subject to a probationary period with respect to the position to which that employee is first appointed by the GNWT.

7.21 Where an Appointed Employee is subject to a probationary period immediately prior to the Transfer Date, that employee shall be subject to, with respect to the position to which that employee is first appointed by the GNWT, a probationary period not longer than the remainder of that probationary period as at the Transfer Date.

Anniversary Date and Performance Increments

7.22 For the purposes of the GNWT Terms of Employment the anniversary date of an Appointed Employee shall be the Transfer Date.

7.23 From and after the Transfer Date, the entitlement of an Appointed Employee to performance increments shall be determined pursuant to the GNWT Terms of Employment.

Vacation Leave and Vacation Pay

7.24 From and after the Transfer Date, the entitlement of any Appointed Employee to vacation leave or vacation pay shall be determined pursuant to the GNWT Terms of Employment based on the aggregate of that employee's Federal Service and continuous employment with the GNWT after the Transfer Date.

7.25 Notwithstanding section 7.24, the vacation leave or vacation pay accrual rate for an Appointed Employee shall be equal to or greater than the accrual rate to which that employee would be entitled immediately prior to the Transfer Date if that accrual rate were based on the aggregate of that employee's Federal Service and continuous service with the GNWT after the Transfer Date.

7.26 On the Transfer Date the GNWT shall provide one year's entitlement of vacation leave, calculated in accordance with section 7.24, to an Appointed Employee.

7.27 On the Transfer Date, in addition to the vacation leave provided pursuant to section 7.26, the GNWT shall credit an Appointed Employee with vacation leave in an amount equal to the lesser of:

  • that employee's earned and unused federal vacation leave credits immediately prior to the Transfer Date; and
  • one year's entitlement of vacation leave, calculated in accordance with section 7.24.

7.28 Upon termination of the federal employment of an Appointed Employee, Canada shall pay to that employee any accrued but unused federal vacation leave credits in excess of those referred to in section 7.27.

Pension Plan

7.29 For the purposes of the Public Service Superannuation Act (Canada) the employment of an Appointed Employee shall be deemed not to be interrupted by reason of that employee's termination of employment with Canada as a result of this Agreement and, as of the Transfer Date, an Appointed Employee shall be entitled to the provisions of the Public Service Superannuation Plan or any successor plan available to GNWT employees in accordance with the GNWT Terms of Employment.

Sick Leave

7.30 On the Transfer Date, the GNWT shall credit an Appointed Employee with sick leave credits equal to the amount of earned and unused sick leave available to that employee immediately prior to the Transfer Date and that employee shall, as of the Transfer Date, begin to accrue sick leave in accordance with the GNWT Terms of Employment.

Health Care, Dental, Disability, Life Insurance, and other Benefits

7.31 From and after the Transfer Date, an Appointed Employee shall be entitled to participate in and receive the benefit of the health care plan, dental plan, long term and short term disability plans, life insurance plan, death benefits, and other GNWT benefits available to GNWT employees (including mandatory paid leave) subject to and in accordance with the GNWT Terms of Employment.

Waiting Period

7.32 An Appointed Employee's participation in the benefits referred to in section 7.33 shall not be subject to a waiting period unless that employee was subject to a waiting period immediately prior to the Transfer Date, in which case the waiting period shall be no longer than the remainder of that waiting period as at the Transfer Date.

Maternity, Paternity and Adoption Leave Allowances

7.33 From and after the Transfer Date, the eligibility of an Appointed Employee for a maternity, paternity or adoption leave allowance shall be determined pursuant to the GNWT Terms of Employment based on the aggregate of that employee's Federal Service and continuous service with the GNWT after the Transfer Date.

Arrangements for Leave Without Pay and Other Assignments

7.34 Where an Affected Federal Employee is on leave without pay or other assignment at the time a written offer of employment is made under section 7.6 and such employee wishes to continue such leave or other assignment, such employee shall make a written request for the continuation of that leave without pay or other assignment to the Deputy Head of the GNWT Department in respect of which the written offer of employment under section 7.6 has been made.

7.35 The continuation of leave without pay or other assignment shall be subject to approval by the Deputy Head referred to in section 7.34.

7.36 An employee shall make the written request referred to in section 7.34 within 20 days of the date of receipt of the written offer of employment made pursuant to section 7.6.

7.37 The Deputy Head shall respond to the employee's written request referred to in section 7.34 within 40 days of the date of the written offer of employment made pursuant to section 7.6.

Northern Allowance

7.38 From and after the Transfer Date, an Appointed Employee shall be paid a Northern Allowance determined in accordance with the GNWT Terms of Employment.

Compensation

7.39 On the Transfer Date, the sum of an Appointed Employee's GNWT Compensation and GNWT Transition Allowance shall be greater than or equal to that employee's Federal Compensation at the date of the written offer of employment referred to in section 7.6, as adjusted pursuant to section 7.40.

7.40 The Federal Compensation referred to in section 7.39 shall be adjusted to reflect any change in Federal Compensation that occurs prior to the Transfer Date.

7.41 If an increase to any element of the Federal Compensation which is applicable to an Appointed Employee occurs after the Transfer Date with retroactive effect prior to the Transfer Date, then:

  • the Federal Compensation, as adjusted pursuant to section 7.40, of that employee shall be adjusted to reflect the increase and to determine what the Federal Compensation of that employee would have been immediately prior to the Transfer Date; and
  • Canada will pay a lump-sum amount to that employee representing any increase in the Federal Compensation of that employee that corresponds to that employee's period of employment with Canada prior to the Transfer Date;
  • where the Federal Compensation, as adjusted pursuant to subsection 7.41(a), is greater than the sum of the GNWT Compensation and Transition Allowance as at the Transfer Date, the GNWTshall:
    • provide or increase, as the case may be, the GNWT Transition Allowance, with effect from the Transfer Date, so that the sum of the new or adjusted GNWT Transition Allowance and the GNWT Compensation shall be equal to or greater than the Federal Compensation as adjusted pursuant to subsection 7.41(a); and
    • pay a lump-sum amount to that employee representing the retroactive value of the increase calculated pursuant to paragraph 7.41(c)(i) that corresponds to that employee's period of employment with the GNWT after the Transfer Date and up to the date of such payment.

7.42 The lump sum payment to an Appointed Employee pursuant to subsection 7.41(b) shall not include any amount in respect of an increase in the Federal Employer Pension Contribution.

GNWT Transition Allowance

7.43 An Appointed Employee shall be entitled to be paid a GNWT Transition Allowance in each of the first five years following the Transfer Date where in any such year the GNWT Compensation is less than the Federal Compensation of such employee at the Transfer Date, as adjusted where necessary pursuant to section 7.40 or subsection 7.41(a). The amount of the GNWT Transition Allowance in any such year shall be equal to the amount such Federal Compensation is greater than the applicable GNWT Compensation in that year.

7.44 Where an Appointed Employee is entitled to be paid a GNWT Transition Allowance, the full amount of such GNWT Transition Allowance for that year, as adjusted where necessary pursuant to paragraph 7.41(c)(i), shall be paid to that Appointed Employee as a lump sum payment on the first day of the third month following the Transfer Date and thereafter annually on such date in each of the following four years.

7.45 Notwithstanding section 7.43, an Appointed Employee shall cease to be entitled to a GNWT Transition Allowance upon that Appointed Employee ceasing to remain in the GNWT position to which that employee was first appointed by the GNWT pursuant to this Agreement.

Salaries

7.46 At the fifth anniversary of the Transfer Date, where an Appointed Employee's GNWT Compensation is less than that employee's Federal Compensation, as adjusted pursuant to section 7.40 or subsection 7.41(a), and that employee has remained in the GNWT position to which that employee was first appointed, that employee's GNWT Salary shall be adjusted to equal the maximum amount of the GNWT Salary range of the GNWT position of that employee and from the date of the adjustment that employee's GNWT Salary shall be determined in accordance with the GNWT Terms of Employment.

7.47 Subject to section 7.46, an Appointed Employee's GNWT Salary shall, from and after the Transfer Date, progress through the GNWT Salary range in accordance with the GNWT Terms of Employment.

7.48 For greater certainty and notwithstanding any provision of this Agreement, an Appointed Employee's pensionable GNWT Salary on the Transfer Date shall be no less than the pensionable Federal Salary of that employee immediately prior to the Transfer Date, as adjusted pursuant to section 7.40 or subsection 7.41(a).  

Term Employees

7.49 Without obligations of any kind on Canada or the GNWT, the GNWT will consider offering employment to Federal Term Employees affected by the transfer of administration and control referred to in section 3.1.

Position Description Review

7.50 From and after the Transfer Date, an Appointed Employee shall have any rights to request a review of the evaluation of that employee's position that exist pursuant to and in accordance with GNWT Terms of Employment.

Severance Pay

7.51 The GNWT shall have no obligation or liability in respect of any severance pay entitlement of an Appointed Employee in respect of any period prior to the Transfer Date.

GNWT Collective Agreement

7.52 The Parties acknowledge that the consent of the parties to the GNWT Collective Agreement is required in respect of any amendments to that agreement which may be required to implement the provisions of this Chapter 7.

Amendment of Chapter

7.53 Provisions in this Chapter 7 may be amended from time to time by the written agreement of Canada and the GNWT. In the event of any such amendment Canada and the GNWT shall deliver notice of such amendment to the other Parties within 15 days of the date of such amendment.

Chapter 8
NAO Properties, Assets, Records, and Contracts

Federal Buildings

8.1 Canada shall transfer to the GNWT, as of the Transfer Date, administration and control of the Listed Federal Buildings in Schedule 9.

8.2 Where NAO is the occupant of premises in a Federal Building under the administration and control of DIAND which Federal Building is not a Listed Federal Building, DIAND and the GNWT shall enter into an agreement for occupancy prior to the Transfer Date, which agreement, unless otherwise agreed, shall:

  • take effect at the Transfer Date;
  • provide for the occupancy by the GNWT of the premises which were occupied by NAO prior to the Transfer Date in respect of responsibilities transferred pursuant to this Agreement;
  • provide for the term for which the agreement shall remain in effect; and
  • provide for terms and conditions of the GNWT's occupancy based on commercial lease practices in respect of similar premises.

8.3 Where Canada continues to require premises within a Listed Federal Building for its functions after the Transfer Date, the GNWT shall, upon request by Canada, enter into an agreement for occupancy with Canada, prior to the Transfer Date, which agreement unless otherwise agreed, shall:

  • take effect at the Transfer Date;
  • provide for the occupancy of the premises which were occupied by Canada prior to the Transfer Date;
  • provide for the term for which the agreement shall remain in effect; and
  • provide for terms and conditions of Canada's occupancy based on commercial lease practices in respect of similar premises.

8.4 Canada shall provide the GNWT reasonable opportunity to conduct inspections of any Listed Federal Building and such inspections shall be scheduled and conducted in a manner that minimizes disruption to Canada's operations.

8.5 Canada will continue its regular scheduled maintenance of Listed Federal Buildings until the Transfer Date.

8.6 In respect of each Listed Federal Building Canada shall, as soon as practicable following the signing of this Agreement, provide the GNWT with a current Phase I Environmental Site Assessment report.

8.7 Where any Phase I Environmental Site Assessment referred to in section 8.6 indicates a likelihood of contamination, a higher level Environmental Site Assessment shall be undertaken by Canada and provided to the GNWT as soon as is practicable after receipt of the Phase I Environmental Site Assessment, and in any event no later than the Transfer Date.

8.8 Canada shall be responsible for the remediation, in accordance with CCME Guidelines, of any deficiencies identified under an Environmental Site Assessment report referred to in section 8.6 or 8.7.

8.9 Canada shall endeavour to complete the remediation referred to in section 8.8 prior to the Transfer Date. Where such remediation is not completed prior to the Transfer Date, Canada shall:

  • complete the remediation as soon as is practicable after the Transfer Date; or
  • subject to agreement by the GNWT, pay to the GNWT funds in lieu of Canada completing the remediation referred to in section 8.8.

8.10 In respect of each Listed Federal Building that is under the administration and control of Public Works Canada, Canada shall provide the GNWT ongoing funding for:

  • payment in lieu of taxes; and
  • operations and maintenance,

    in an amount equal to the amount Public Works Canada was funded for the Listed Federal Building immediately prior to the Transfer Date.

Federal Leaseholds

8.11 Canada shall assign to the GNWT on and with effect from the Transfer Date, the leases listed in Schedule 10.

8.12 Where:

  • Public Works Canada is a lessee of premises occupied, in whole or in part, by NAO in respect of responsibilities transferred pursuant to this Agreement and the retention of the leasehold interest of Public Works Canada is required, after the Transfer Date, for federal program purposes; or
  • a Federal Building under the administration and control of Public Works Canada, which is not a Listed Federal Building, is occupied by NAOin respect of responsibilities transferred pursuant to this Agreement,

    then Public Works Canada and the GNWT shall enter into an agreement for occupancy in respect of the GNWT occupancy of such premises.

8.13 Unless otherwise agreed by the GNWT and Public Works Canada, an agreement for occupancy referred to in section 8.12 shall:

  • take effect at the Transfer Date;
  • provide for the occupancy by the GNWT of the premises which were occupied by NAO prior to the Transfer Date, in respect of responsibilities transferred pursuant to this Agreement;
  • provide for occupancy costs, terms and conditions equivalent to those of the NAO occupancy immediately prior to the Transfer Date; and
  • provide for the term for which the agreement shall remain in effect; and
  • subject to subsection 8.13(c), provide for other terms and conditions of the GNWT occupancy based on commercial lease practices in respect of similar premises.

Moveable Assets

8.14 Canada shall provide to the GNWT a preliminary list of Moveable Assets dedicated to or used by NAO in respect of responsibilities transferred pursuant to this Agreement. The list may identify or describe Moveable Assets individually, by category or by class.

8.15 Canada shall update the list described in section 8.14 periodically and immediately prior to the Transfer Date.

8.16 Upon request by the GNWT, Canada shall provide the GNWT reasonable opportunity to inspect any Moveable Asset identified or described on the list referred to in section 8.14, as updated pursuant to section 8.15. The GNWT and Canada agree to schedule and conduct such inspections in a manner that minimizes disruption to Canada's operations.

8.17 Each Moveable Asset on the list referred to in section 8.14, as updated pursuant to section 8.15, shall, on the Transfer Date, be in a state of repair adequate to meet the functional requirements related to the functions for which such asset is used by Canada immediately prior to the Transfer Date.

8.18 Canada will continue its regular scheduled maintenance of the Moveable Assets until the Transfer Date.

8.19 On the Transfer Date Canada shall transfer to the GNWT all Moveable Assets identified on the list described in section 8.14, as updated pursuant to section 8.15.

IT Assets

8.20 Canada and the GNWT will share information related to their respective IT Assets for the purpose of planning the integration of IT Assets into the GNWT infrastructure.

8.21 Canada and the GNWT agree to work cooperatively between the signing of this Agreement and the Transfer Date to ensure the orderly integration of IT Assets into the GNWT infrastructure, such cooperation shall include the establishment of an IT work plan and regular meetings of a formal IT working group comprised of representatives from Canada and the GNWT.

8.22 Each of Canada and the GNWT shall, prior to the Transfer Date, Consult with the other in respect of any material investments in IT Assets.

Copyright in Publications

8.23 Prior to the Transfer Date, Canada shall assign copyright to, or licence the use by, the GNWT of those works used by NAO in respect of responsibilities transferred to the GNWT pursuant to this Agreement.

8.24 Notwithstanding section 8.23, only the copyright that may subsist in legends, annotations, sketches and other additions to maps created by NAO personnel are assigned pursuant to section 8.23, and any other copyright owned by Canada in maps, including topography information, is excluded from the assignment of copyright referred to in section 8.23.

8.25 Nothing in section 8.24 shall affect the validity of any licence provided by Canada to the GNWT for the use of any map or prevent the GNWT from obtaining such a licence from Canada in relation to any map.

8.26 If, after this Agreement is signed, the GNWT needs, for the continued fulfilment of the responsibilities transferred to it pursuant to this Agreement, to use any work in which Canada owns copyright, Canada and the GNWT shall enter into arrangements to ensure that enough copies of the work will be made available to the GNWT, including, but not limited to, arrangements for the assignment or licensing of copyright in such work.

Computer Programs Copyright and Licences

8.27 Prior to the Transfer Date, Canada shall provide for the assignment of copyright to, or licence the use by, the GNWT of those computer programs used by NAO in relation to the administration and control of Public Lands and rights in respect of Waters.

8.28 Where a computer program used by NAO in relation to the administration and control of Public Lands and rights in respect of Waters cannot, or the GNWT and Canada agree will not, be assigned or licenced to the GNWT pursuant to section 8.27 , Canada shall ensure that the GNWT has such use of such computer program as is reasonably necessary for the GNWT to fulfill the responsibilities transferred to it pursuant to this Agreement.

Contracts

8.29 Canada shall provide the GNWT with a list of all contracts which have been entered into by Canada which:

  • are in respect of NAO functions that will no longer be performed by Canada after the Transfer Date; and
  • have terms which expire after the Transfer Date.

8.30 Canada shall indicate on the list referred to in section 8.29 the contracts Canada will assign to the GNWT.

8.31 Canada shall Consult with the GNWT regarding the list referred to in section 8.29 following which Canada will finalize the list and provide it to the GNWT prior to the Transfer Date.

8.32 Canada shall assign to the GNWT on and with effect from the Transfer Date, all the contracts on the finalized list referred to in section 8.31.

8.33 Where a contract on the list referred to in section 8.31 does not allow for assignment, or a party to the contract will not provide consent required under the contract for the assignment of the contract to the GNWT, Canada shall, in the Legislation referred to in section 3.7, make provision for the assignment of such contract to the GNWT and for compensation to any other party to the contract for costs or losses, if any, arising from such assignment.

Records

8.34 Canada and the GNWT shall develop a list of all Records, or classes of Records, under the control of Canada which are necessary for the GNWT to fulfill the responsibilities transferred to it pursuant to this Agreement.

8.35 Subject to applicable Legislation, Canada shall provide to the GNWT on or before the Transfer Date originals or copies of all Records on the list referred to in section 8.34.

8.36 Upon request of the GNWT made with reasonable notice, Canada shall provide the GNWT with the original or a copy of a Record that has not been provided to the GNWT pursuant to section 8.35, where that Record is under the control of Canada and relates to the responsibilities transferred to the GNWT pursuant to this Agreement.

8.37 Notwithstanding section 8.35 or 8.36, where for any reason the original Record cannot be transferred or copied, the Record will be loaned subject to such terms as may be agreed upon by the parties.

8.38 Prior to the provision of Records to the GNWT, DIAND's Records retention and disposition schedules shall be applied.

8.39 Records provided to the GNWT pursuant to section 8.37 shall be under the custody and control of the GNWT and the Access to Information and Protection of Privacy Act (NWT) and related territorial Legislation will apply, as the case may be, to such Records.

8.40 Notwithstanding section 8.35 or 8.36, prior to the provision of any Record to the GNWT, Canada may remove any information subject to solicitor-client privilege.

8.41 Notwithstanding section 8.35 or 8.36, prior to the provision of any Record to the GNWT, Canada shall:

  • remove information containing confidences of the Queen's Privy Council;
  • subject to section 8.43, remove personal information as defined by the Privacy Act (Canada); and
  • subject to section 8.45, remove information received from a third party as defined by the Access to Information Act (Canada).

8.42 Where the information referred to in section 8.43 has been removed from a Record, Canada shall make a notation in that Record indicating that information has been removed and the ground pursuant to section 8.43 on which that information has been removed.

8.43 Where a Record provided to the GNWT pursuant to section 8.35 or 8.36 contains personal information referred to in subsection 8.41(b) but that information is required for the continued fulfillment by the GNWT of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

8.44 The GNWT shall use the personal information referred to in section 8.43 only for the purpose for which the information was obtained or compiled by Canada or for a use consistent with that purpose.

8.45 Where a Record provided to the GNWT pursuant to section 8.35 or 8.36 contains third party information referred to in subsection 8.41(c) but that information is required for the continued fulfillment by the GNWT of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

8.46 Where third party information referred to in subsection 8.41(c) is included in a Record provided to the GNWT pursuant to section 8.35 or 8.36, the GNWT shall maintain any confidentiality under which this information was provided to Canada.

8.47 The GNWT shall determine, in consultation with Canada, whether any amendment to its Legislation is necessary in order to comply with the obligations of the GNWT in respect of the maintenance of the confidentiality or privacy of information contained in Records provided to the GNWT pursuant to this Agreement. If such Legislation is determined to be necessary, the GNWT shall introduce and support as a government measure such Legislation.

8.48 Federal Legislation shall provide that:

  • any Record provided to the GNWT pursuant to section 8.35 or 8.36 that is subject to solicitor-client privilege immediately prior to the Transfer Date shall remain subject to solicitor-client privilege notwithstanding that the Record has been provided to the GNWT; and
  • solicitor-client privilege attaching to any Record referred to in subsection 8.48(a) shall not be waived by the GNWT without the written consent of the Minister of Indian Affairs and Northern Development and, without limiting the generality of the foregoing, the GNWTshall not, without the written consent of the Minister of Indian Affairs and Northern Development:
    • use any Record referred to in subsection 8.48(a) in any court proceedings; or
    • disclose any Record referred to in subsection 8.48(a) to anyone other than its employees and agents, subject to applicable law.

8.49 Provisions in this Chapter 8 may be amended from time to time by the written agreement of Canada and the GNWT. In the event of any such amendment Canada and the GNWT shall deliver notice of such amendment to the other Parties within 15 days of the date of such amendment.

Chapter 9
Financial Matters

Total One-Time Funding

9.1 Canada shall provide to the GNWT a total amount of $26.5 million in one-time funding for the one-time transitional activities listed in Schedule 11.

9.2 Canada and the GNWT acknowledge that Canada has provided and the GNWT has received $4,000,000 of the total amount described in section 9.1, as set out in Schedule 12.

9.3 Canada shall provide to the GNWT an additional amount of $22,500,000, which additional amount shall be paid to the GNWT in incremental amounts during 2013-14.

9.4 Canada shall provide the Aboriginal Parties a total amount not exceeding $4,000,000 for the one-time transitional activities listed in Schedule 13.

9.5 Canada, and each of the Aboriginal Parties acknowledge that Canada has provided and each of the Aboriginal Parties have received of the total amount described in section 9.4 the amounts set out opposite their names totalling $949,978, as set out in Part A of Schedule 14.

9.6 Canada shall provide to the Aboriginal Parties the additional amounts set out opposite their names as set out in Part B of Schedule 14, which additional amounts shall be paid to each of the Aboriginal Parties in incremental amounts in 2013-14.

9.7 The payments referred to in sections 9.1 to 9.6 inclusive shall be in the form of grants made pursuant to the Policy on Transfer Payments (Canada).

9.8 If this Agreement is not implemented, Canada shall be entitled to recover from the GNWT or any Aboriginal Party, as the case may be, any unexpended amounts of the funds paid to the GNWT referred to in section 9.1, 9.2 or 9.3 above or any unexpended amounts of the funds paid to an Aboriginal Party referred to section 9.4, 9.5 or 9.6 above.

Ongoing Funding to the GNWT

9.9 From and after the Transfer Date, Canada shall provide to the GNWT annual funding in the amount of $67,300,000 by making an adjustment with effect on the Transfer Date to the Gross Expenditure Base as determined under the Federal-Provincial Fiscal Arrangements Act (Canada) and Federal-Provincial Fiscal Arrangements Regulations, 2007 (Canada) or any successor program governing the financial arrangements between Canada and the GNWT.

Ongoing Funding for Aboriginal Parties

9.10 From and after the Transfer Date, Canada shall provide to the Aboriginal Parties annual funding in a total amount of up to $3,000,000.

9.11 Except as otherwise expressly provided, the funding provided by Canada pursuant to section 9.10 is for the purpose of funding the Aboriginal Parties for any obligations arising out of this Agreement.

9.12 From and after the Transfer Date, Canada shall provide to each Aboriginal Party that is a Party as of the date of the signing of this Agreement, or becomes a Party pursuant section 2.29 or 2.30, an annual amount of $200,000 for the purpose of funding the participation of the respective Aboriginal Party in the WSMC established pursuant to section 6.72.

9.13 From and after the Transfer Date, Canada shall provide to the IRC an annual amount of $200,000 for the purpose of funding the participation of the IRC in the processes set out in the agreement referred to in section 5.5.

9.14 The payments referred to in sections 9.10, 9.12 and 9.13 shall be in the form of grants made pursuant to the Policy on Transfer Payments (Canada).

9.15 Commencing on the first anniversary of the Transfer Date and annually thereafter the payments pursuant to sections 9.10, 9.12 and 9.13 shall be adjusted to reflect the change between FDDIPI determined for the period of the most recent quarter preceding the anniversary of the Transfer Date ("FDDIPIy-1") and FDDIPI determined for the period of the most recent quarter preceding the most recent previous anniversary of the Transfer Date ("FDDIPIy-2") in accordance with the following formula:

  • Py = Py-1 x (FDDIPIy-1/FDDIPIy-2),
  • where: Py is the payment for the current fiscal year; and
  • Py-1 is the actual payment for the fiscal year previous to the current fiscal year.

Other One-Time Funding

9.16 On the Transfer Date, Canada shall provide to the GNWT an amount equal to the dollar value of the aggregate vacation leave credited to Appointed Employees pursuant to section 7.27 and such amount shall be based on the GNWT Salaries of such Appointed Employees as at the Transfer Date.

9.17 Canada shall provide to the GNWT an amount equal to the replacement cost of any buildings or assets in the Northwest Territories used by NAO in respect of responsibilities transferred to the GNWT pursuant to this Agreement, where such buildings or assets are not transferred to the GNWT pursuant to this Agreement.

Other Funding

9.18 Canada shall provide to the GNWT funding amounts related to the fulfilment of the government responsibilities under Settlement Agreements set out in Schedule 2.

9.19 Canada shall provide to the GNWT the ongoing funding amounts described in section 8.10 in respect of Listed Federal Buildings under the administration and control of Public Works Canada.

Chapter 10
Net Fiscal Benefit

10.1 Other than as set out in this Agreement, Resource Revenues and the tax bases associated with Resource Revenues shall not be included in the calculation of the Territorial Formula Financing Payment.

10.2 In respect of Resource Revenues derived in each fiscal year beginning on the Transfer Date, an amount equal to 100 percent of the Resource Revenue Subject to Offset shall be deducted from the GNWT's Territorial Formula Financing Payment.

10.3 For the purpose of section 10.2, Resource Revenue Subject to Offset in a fiscal year shall be equal to total Resource Revenues less the lesser of:

  • 50 percent of Resource Revenues, or,
  • five percent of the GNWT's Gross Expenditure Base used in the determination of the GNWT's Territorial Formula Financing Payment for the fiscal year to which the Resource Revenues are attributable.

10.4 The GNWT shall be responsible for making Settlement and Land Claim Agreement Payments.

10.5 The GNWT shall provide the Minister of Finance of Canada with an assessment of the amount of Resource Revenues derived in each fiscal year on or before December 1 of the following fiscal year.

10.6 Sections 10.2 and 10.3 may be amended with the written consent of Canada and the GNWT.

10.7 The GNWT shall Consult Aboriginal Parties with respect to any proposed amendment of sections 10.2 and 10.3.

10.8 Canada and the GNWT shall conduct a review of sections 10.2 and 10.3:

  • in the fifth year following the Transfer Date and at five year intervals thereafter; or
  • at any other time as may be agreed by Canada and the GNWT.

10.9 The purpose of the review referred to in section 10.8 is to ensure that the Net Fiscal Benefit:

  • remains consistent with the principles of Territorial Formula Financing Payments;
  • corresponds to the benefits received by resource-producing provincial jurisdictions under the provincial equalization program; and
  • continues to provide an additional incentive for the Northwest Territories to develop natural resources.

10.10 Canada and the GNWT shall make best efforts to complete a review referred to in section 10.8 within six months from the beginning of the review.

10.11 Unless otherwise agreed by Canada and the GNWT, any adjustment arising from a review referred to in section 10.8 shall take effect on April 1st of the fiscal year immediately following the review.

10.12 Notwithstanding section 10.11, if, despite making best efforts, Canada and the GNWT are unable to complete the review within the six month period referred to in section 10.10, Canada and the GNWT shall, as part of the review, determine the implementation date of any adjustment arising from the review.

Resource Revenue Sharing with Aboriginal Parties

10.13 The GNWT agrees that the Net Fiscal Benefit for each fiscal year will be shared with Aboriginal Parties pursuant to the terms of the "Northwest Territories Intergovernmental Resource Revenue Sharing Agreement", appended as Schedule 17.

10.14 In recognition that the GNWT provides access to its public programs and services to the residents, including the Aboriginal people, of the Northwest Territories, Canada and the GNWT agree that funds received by an Aboriginal Party pursuant to the "Northwest Territories Intergovernmental Resource Revenue Sharing Agreement" referred to in section 10.13 shall not be subject to offset deduction by Canada or the GNWT pursuant to their respective own source revenue policies.

Chapter 11
Implementation Matters

Implementation Plan

11.1 The plan to implement this Agreement is attached as Schedule 15 (the "Implementation Plan").

11.2 The Implementation Plan is not part of this Agreement and does not create legal obligations binding on the Parties.

The Northwest Territories Lands and Resources Devolution Agreement

Agreement signed on June 25, 2013.
In Inuvik, NWT, by

For the Government of Canada

 

__________________________________________
Hon. Bernard Valcourt PC MP
Minister of Indian Affairs and Northern Development

 

 

__________________________________________
Witness

For the Government of The Northwest Territories

 

__________________________________________
Hon. Robert McLeod
Premier

 

 

__________________________________________
Witness

For the Inuvaluit Corporation

 

__________________________________________
Nellie Cournoyea
Chair and Chief Executive Officer

 

 

__________________________________________
Witness

For the Northwest Territory Metis Nation

 

__________________________________________
Garry Bailey
President

 

 

__________________________________________
Witness

For the Sahtu Secretariat Incorporated

 

__________________________________________
Charles McNeely
Vice-President

 

 

__________________________________________
Witness

For the Gwichin Tribal Council

 

__________________________________________
Robert A. Alexie
President

 

 

__________________________________________
Witness

For the Tłıchǫ Government

 

__________________________________________
Clifford Daniels
Chief

 

 

__________________________________________
Witness

Schedule 1
List of Settlement Agreements

(Section 1.1)

For the purposes of the definition in section 1.1 of Chapter 1, "Settlement Agreement" means:

  1. the Inuvialuit Final Agreement;
  2. the Gwich'in Agreement;
  3. the Sahtu Agreement;
  4. the Tłıchǫ Agreement; and
  5. any other agreements added to this list in accordance with sections 2.12 or 2.13.

Schedule 2
List of GNWT Obligations under Settlement Agreements

(Section 2.14)

Inuvialuit Final Agreement

Clause NumberInuvialuit Final Agreement ClauseResponsible Government
CurrentPost-Devolution
7. (3) For greater certainty, the Crown shall retain ownership to all waters in the Inuvialuit Settlement Region. Canada Canada and GNWT
7. (10) If Canada is exploring for or producing resources to which it retains title in a given area and the Inuvialuit are not exploring for or producing resources to which they have title in that area, the Inuvialuit shall renounce and release Canada from any and all claims, suits or demands for alleged damage or loss arising from disturbance of their resources. Canada Canada and GNWT
7. (11) If the Inuvialuit are exploring for or producing resources to which they retain title in a given area and Canada is not exploring for or producing resources to which it has title in that area, Canada shall renounce and release the Inuvialuit from any and all claims, suits or demands for alleged damage or loss arising from disturbance of its resources. Canada Canada and GNWT
7. (12) If, from time to time, both Canada and the Inuvialuit are exploring for or producing their respective resources, they shall make every effort to respect each other's interests. If a conflict arises, they shall use their best efforts, during a period of ninety (90) days from notice of commencement given by either party to the other, to negotiate a work program protecting their respective interests. In the event of failure to conclude a mutually acceptable work program within this period, either party may refer the issue to the Arbitration Board pursuant to section 18. Canada Canada and GNWT
7. (66) The Government shall determine whether any development can be provided for by way of Participation Agreements under section 10 or whether conveyance of title by the Inuvialuit is necessary. Canada Canada and GNWT
7. (85) (b) (b) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of carrying out governmental functions relating to navigation, transportation, flood control and similar matters. The Inuvialuit shall not impede or interfere with Canada's carrying out of these functions. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these functions, where such functions result in damage to the Inuvialuit or their lands or significant impact on the Inuvialuit or their use of their lands, they shall be entitled to compensation, the nature and amount of which shall be negotiated between the Inuvialuit Land Administration and the Government with ultimate recourse to the courts; and Canada Canada and GNWT
7. (94) Canada shall, on behalf of the Inuvialuit, continue to administer the rights of interest holders referred to in subsection (93). Where legislation allows discretionary decisions to be made with respect to such administration, no decisions shall be made without the consent of the Inuvialuit where the effect thereof is to offer the Crown share for bids, to waive royalties or other payments in the nature of royalties or to prejudice the economic interest of the Inuvialuit. No other such decisions shall be made affecting Inuvialuit rights without prior consultation with the Inuvialuit Land Administration. Where, however, the holder of the rights and the Inuvialuit agree that the Inuvialuit should administer the rights or a renegotiated version of the rights directly and both parties so inform the Minister in writing, the Minister shall transfer such administration to the Inuvialuit. Canada Canada and GNWT
7. (95) Canada shall, as soon as possible, remit to the Inuvialuit any royalties, fees. rentals, bonuses or other payments in lieu of royalties accruing after the date of this Agreement from the rights referred to in subsection (93). Any royalties accruing from oil and gas production under community sites shall be included in the remitances. For greater certainty, the Inuvialuit shall receive and manage the Crown Share within the meaning of section 27 of the Canada Oil and Gas Act. (S.C. 1980-81-82-83, c. 81). Canada GNWT
[and Canada]
7. (96) The amounts payable to the Inuvialuit under subsection (95) shall be calculated on the basis of the laws and regulations in force on December 31, 1983 applicable to Crown lands in the Northwest Territories. Canada GNWT
[and Canada]
7. (98) Without limiting the application of subsection (97), it may be agreed that laws and regulations or provisions thereof that apply only to Crown lands shall apply to all or any Inuvialuit lands from any date on or after July 25, 1984, if the Inuvialuit or the appropriate minister so request and the other party consents. Canada GNWT
[and Canada]
8. (2) Where approval is withheld pursuant to subsection (1). there shall be a right of appeal to the Minister who shall make the final decision. The procedure on appeal shall be the same as that provided in section 45 of the Territorial Land Use Regulations as amended from time to time. Canada GNWT
[and Canada]
8. (3) Where permits are relinquished by oil and gas developers within Area Number 2 as shown in Annex D, the relevant areas shall not be opened for future oil and gas development by Canada without prior consultation with the Inuvialuit Land Administration. For greater certainty, the Minister shall not enter into exploration agreements for those areas nor permit Petro Canada to select those areas nor issue oil and gas leases for those areas without the agreement of the Inuvialuit Land Administration or, if the Inuvialuit Land Administration does not agree, without the approval of the Governor in Council. Canada GNWT
[and Canada]
8. (6) Any new subsurface development with respect to the Cape Bathurst selection shall be subject to the consent of Canada. Canada Canada and GNWT
8. (7) Where Canada wishes to approve development of land under permits numbered 4954 and 4955, any approval for access shall be withheld unless the developer proves that the proposed development activity meets acceptable environmental standards and accounts for his standard of performance. The criteria for establishing acceptable environmental standards for the project and evaluating the developer's standard of performance shall be set by the Environmental Impact Review Board. The provisions of subsection (2) apply with such modifications as the circumstances require. Canada GNWT
10. (1) For the purposes of exploration, development and production activities by holders of valid rights or interests issued by Canada on 7(1)(a) lands and holders of petroleum, coal or mineral rights or interests issued by Canada on 7(1)(b) lands, access on and across Inuvialuit lands shall be guaranteed by the Inuvialuit Land Administration, subject to the payment by the developer of fair compensation to the Inuvialuit for such access, for any damage to Inuvialuit lands and for any diminution of the value of their interests in their lands. Canada GNWT
10. (4) The term of a Participation Agreement may continue until the termination date of the right issued or the interests accorded by Canada to which the Participation Agreement relates. Canada Canada and GNWT
10. (7) Except where the Inuvialuit and industry have concluded a voluntary co-operation agreement referred to in subsection 16.(12), Canada, after negotiating with the Inuvialuit Land Administration, shall determine procedures and timetables for concluding Participation Agreements including the time period for the negotiation and arbitration phases. Such procedures and timetables shall be reasonable, shall reflect the size and nature of the different types of projects and shall generally accord with government approval schedules, including both statutory and administrative schedules. The fundamental objective is to conduct the negotiations in a fair and expeditious manner, ensuring that negotiations between the Inuvialuit and industry proceed concurrently with the government approval process. Canada Canada and GNWT
16. (9) Where the Government, in respect of renewable or non-renewable resource development on Crown lands invites parties to apply for leases, licences, permits, concessions or other rights and the Inuvialuit submit the best proposal in respect of all the specifications and conditions the Inuvialuit shall be awarded the rights in question. Canada and GNWT Canada and GNWT*
16. (14) Canada shall issue to the Inuvialuit, from time to time, local use coal permits, free of royalty and other charges, to explore, develop and mine coal in the Inuvialuit Settlement Region for community use and regional industrial use by the Inuvialuit Development Corporation, under the Territorial Coal Regulations Canada GNWT

* Both governments retain their individual responsibility with regards to the specific clause, though the type or level of responsibility may change post devolution.

Gwich'in Comprehensive Land Claim Agreement and Implementation Plan

Clause numberGwich'in Comprehensive Land Claim Agreement ClauseCorresponding IP Activity SheetResponsible Government
CurrentPost-Devolution
9.1.1 Government shall pay to the Gwich'in Tribal Council, annually, an amount equal to:
(a) 7.5 percent of the first $2.0 million of resource royalty received by government in that year; and
(b) 1.5 percent of any additional resource royalties received by government in that year.
Resource Royalty Payments
(p. 33)
Canada and GNWT GNWT
9.1.2 (c) Government shall annually provide to the Gwich'in Tribal Council a statement indicating the basis on which royalties were calculated for the preceding year. Resource Royalty Payments
(p. 33)
Canada and GNWT GNWT
9.1.3 (a) Subject to (b), government shall consult with the Gwich'in Tribal Council on any proposal specifically to alter by legislation the resource royalty payable to government.
(b) Where government consults outside government on any proposed changes to the fiscal regime which will affect the resource royalty payable to government, it shall also consult with the Gwich'in Tribal Council.
Consultation regarding alteration of resource royalties payable to government Canada GNWT
12.7.11 Government shall, upon request and at reasonable rent, permit the use of or lease such lands to the Gwich'in as in the opinion of government are reasonably necessary to carry out the licensed activities described in this chapter. N/A Canada GNWT
18.3.4 Where government undertakes any program respecting the clean-up of hazardous waste sites on Crown lands in the settlement area, such program shall apply to hazardous waste sites on Gwich'in lands existing at the date of settlement legislation, whether or not identified at that time, and government shall be responsible for the costs associated with such clean-up on Gwich'in lands. This provision shall not prevent government from recovering any such costs from a person made liable for these costs pursuant to legislation. Clean up of hazardous waste sites
(p. 104)
Canada Canada and GNWT
19.1.5 Notwithstanding Gwich'in ownership of beds of certain water bodies, government retains the right to protect and manage water and beds of water bodies, and to use water in connection with such right, throughout the settlement area for public purposes including: (a) management and research in respect of wildlife, and wildlife and aquatic habitat; (b) protection and management of navigation and transportation, establishment of navigation aids and devices, and dredging navigable water bodies; (c) protection of water supplies including community water supplies from contamination and degradation; (d) fighting fires; (e) flood control; and (f) research and sampling with respect to water quality and water quantity. N/A Canada and GNWT Canada and GNWT*
19.1.11 (a) Government shall use its best efforts to negotiate agreements with other jurisdictions which manage drainage basins shared with the settlement area for the management of water in the shared drainage basin.
(b) Government shall consult with the Gwich'in Tribal Council with respect to the formulation of government positions on the management of water in a shared drainage basin before negotiating an agreement pursuant to (a).
Shared drainage basin agreements
(p. 113)
Canada and GNWT Canada and GNWT*
21.1.2 Prior to opening any lands in the settlement area for oil and gas exploration, government shall notify the Gwich'in Tribal Council, provide it with an opportunity to present its views to government on the matter, including benefits plans and other terms and conditions to be attached to rights issuance, and consider such views. Notification prior to opening any lands for oil and gas exploration
(p. 135)
Canada GNWT
21.1.7 Government agrees to consult the Gwich'in Tribal Council in relation to any proposed legislation which affects only the Northwest Territories or only Yukon and the Northwest Territories and which (a) regulates the exploration, development or production of subsurface resources in the settlement area, or (b) establishes requirements for subsurface rights issuance in relation to subsurface resources in the settlement area. Consultation in relation to any proposed subsurface resources legislation which only affects the North
(p. 139)
Canada Canada and GNWT
23.1.10 Where an expropriating authority is unable to provide lands as compensation to the Gwich'in, government shall make lands available to the expropriating authority by sale or otherwise providing that lands are available. Expropriation of settlement lands
(p. 147)
Canada Canada and GNWT
24.1.1 (c) government shall retain the ultimate jurisdiction for the regulation of land and water. N/A Canada Canada and GNWT
24.1.4 (c) If the monitoring or environmental audit functions referred to in (a) are carried out in the settlement area by a department of government, the department shall do so in consultation with the Gwich'in Tribal Council. Monitoring of cumulative impacts of land and water uses on the environment
(p. 153)
Canada GNWT
24.2.9 Decisions of the Planning Board in respect of the land use plan shall be subject to approval by government in a manner to be provided in legislation. Land Use Planning Board operations
(p. 156)
Canada and GNWT Canada and GNWT*

* Both governments retain their individual responsibility with regards to the specific clause, though the type or level of responsibility may change post devolution.

Sahtu Dene and Metis Comprehensive Land Claim Agreement and Implementation Plan

Clause numberSahtu Dene and Metis Comprehensive Land Claim Agreement ClauseCorresponding IP Activity SheetResponsible Government
CurrentPost-Devolution
10.1.1 Government shall pay to the Sahtu Tribal Council, annually, an amount equal to:
(a) 7.5 percent of the first $2.0 million of resource royalties received by government in that year; and
(b) 1.5 percent of any additional resource royalties received by government in that year.
Project 10-1
(p. 30)
Canada and GNWT GNWT
10.1.2 (c) Government shall annually provide to the Sahtu Tribal Council a statement indicating the basis on which royalties were calculated for the preceding year. Project 10-1
(p. 30)
Canada and GNWT GNWT
10.1.3 (a) Subject to (b), government shall consult with the Sahtu Tribal Council on any proposal specifically to alter by legislation the resource royalty payable to government.
(b) Where government consults outside government on any proposed changes to the fiscal regime which will affect the resource royalty payable to government, it shall also consult with the Sahtu Tribal Council.
Project 10-2
(p. 32)
Canada GNWT
13.7.11 Government shall, upon request and at reasonable rent, permit the use of or lease such lands to participants as in the opinion of government are reasonably necessary to carry out the licensed activities described in this chapter. N/A Canada GNWT
19.3.4 Where government undertakes any program respecting the clean up of hazardous waste sites on Crown lands in the settlement area, such program shall apply to hazardous waste sites on Sahtu lands existing at the date of settlement legislation, whether or not identified at that time, and government shall be responsible for the costs associated with such clean-up on Sahtu lands. This provision shall not prevent government from recovering any such costs from a person made liable for these costs pursuant to legislation. Project 19-5
(p. 105)
Canada Canada and GNWT
20.1.5 Notwithstanding the ownership of beds of certain water bodies by participants, government retains the right to protect and manage water and beds of water bodies, and to use water in connection with such right, throughout the settlement area for public purposes including: (a) management and research in respect of wildlife, and wildlife and aquatic habitat; (b) protection and management of navigation and transportation, establishment of navigation aids and devices, and dredging navigable water bodies; (c) protection of water supplies including community water supplies from contamination and degradation; (d) fighting fires; (e) flood control; and (f) research and sampling with respect to water quality and water quantity. N/A Canada and GNWT Canada and GNWT*
20.1.11 (a) Government shall use its best efforts to negotiate agreements with other jurisdictions which manage drainage basins shared with the settlement area for the management of water in the shared drainage basin.
(b) Government shall consult with the Sahtu Tribal Council with respect to the formulation of government positions on the management of water in a shared drainage basin before negotiating an agreement pursuant to (a).
Project 20-1
(p. 111)
Canada and GNWT Canada and GNWT*
22.1.2 Prior to opening any lands in the settlement area for oil and gas exploration, government shall notify the Sahtu Tribal Council, provide it with an opportunity to present its views to government on the matter, including benefits plans and other terms and conditions to be attached to rights issuance, and consider such views. Project 22-1
(p. 132)
Canada GNWT
22.1.7 Government agrees to consult the Sahtu Tribal Council in relation to any proposed legislation which affects only the Northwest Territories or only Yukon and the Northwest Territories and which: (a) regulates the exploration, development or production of subsurface resources in the settlement area; or (b) establishes requirements for subsurface rights issuance in relation to subsurface resources in the settlement area. Project 22-5
(p. 136)
Canada Canada and GNWT
22.2.3 Government shall consult the Sahtu Tribal Council in the preparation of any policies or legislation to implement 22.2.1. Project 22-7
(p. 138)
Canada Canada and GNWT
24.1.10 Where an expropriating authority is unable to provide lands as compensation to the participants, government shall make lands available to the expropriating authority by sale or otherwise providing that lands are available. Project 24-1
(p. 145)
Canada Canada and GNWT
25.1.1 (c) government shall retain the ultimate jurisdiction for the regulation of land and water. N/A Canada Canada and GNWT
25.1.4 (c) If the monitoring or environmental audit functions referred to in (a) are carried out in the settlement area by a department of government, the department shall do so in consultation with the Sahtu Tribal Council. Project 25-2
(p. 148)
Canada GNWT
25.2.8 Decisions of the Planning Board in respect of the land use plan shall be subject to approval by government in a manner to be provided in legislation. Project 25-4
(p. 150)
Canada and GNWT Canada and GNWT*

* Both governments retain their individual responsibility with regards to the specific clause, though the type or level of responsibility may change post devolution.

Tłıchǫ Land Claims and Self-Government Agreement and Implementation Plan

Clause NumberTlicho Land Claims and Self-Government Agreement ClauseCorresponding IP Activity SheetResponsible Government
CurrentPost-Devolution
6.6.3 The costs of the Surface Rights Board incurred in accordance with an approved budget shall be a charge on government. The Board shall prepare an annual budget and submit it to government. Government may approve the budget as submitted or vary it and approve it as varied Sheet # 6-6
(p. 77)
Canada GNWT
9.5.1 Fee simple title to Tłıchǫ community lands and to mines and minerals held by government in, on or under those lands shall, upon dissolution of the Tłıchǫ community government or, in the case of the relocation of a Tłıchǫ community, upon confirmation by government that the Tłıchǫ community government is no longer responsible for those lands, be conveyed by government to the Tłıchǫ Government, and those lands shall become Tłıchǫ lands. Such title is subject to any interests in such lands identified in the transfer documentation and to any renewals, replacements, transfers or extensions of term of such interests. Sheet # 9-4
(p. 147)
Canada and GNWT Canada and GNWT*
9.6.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands wholly or partly in Môwhì Gogha Dè Nîîtåèè (NWT), the program shall apply to such sites on Tłıchǫ community lands that are listed in part 4 of the appendix to this chapter as if the lands were Crown lands. Sheet # 9-5
(p. 149)
Canada Canada and GNWT
10.8.1 Government shall, upon request and at reasonable rent, lease such lands in Wek'èezhìi to the Tłıchǫ Government or its designate, as in the opinion of government are reasonably necessary to allow the exercise of the rights under any licences relating to wildlife held by that Government or its designate. Sheet # 10-6 (p.163) Canada GNWT
18.3.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands in Mowhi Gogha De Niitlee (NWT), the program shall apply to such sites on Tłıchǫ lands that are listed in part 4 of the appendix to this chapter as if the lands were Crown lands. Sheet # 18-3
(p. 294)
Canada Canada and GNWT
18.6.1 Government shall continue to administer the interests listed in part 2 of the appendix to this chapter and any renewals or replacements thereof granted by government under legislation, as if the lands had not become Tłıchǫ lands. Government shall have the power to grant renewals and replacements for those interests under that legislation, as if the lands had not become Tłıchǫ lands, except that, in the case of an interest that is not a mining right, this power does not extend to a renewal or replacement that would authorize an activity of a type or in a location not authorized by the interest renewed or replaced. For greater certainty, any dispute resolution process in the Crown lands legislation continues to apply to interests listed in part 2 of the appendix to this chapter and their renewals and replacements. Sheet # 18-7 (p.308) Canada GNWT
18.6.2 Subject to 18.6.5 and 25.2, government may make discretionary decisions respecting an interest referred to in 18.6.1 on the basis of government's resource management policy, including those respecting royalties, rents and other charges. Sheet # 18-7 (p.308) Canada GNWT
18.6.4 Government shall consult the Tłıchǫ Government before changing legislation under which any interests referred to in 18.6.1 were granted. Sheet # 18-7 (p.308) Canada and GNWT GNWT
18.6.5 Government shall notify the Tłıchǫ Government before making any change in any interests referred to in 18.6.1, including a change to the royalties, rents or other charges that apply to them. Sheet # 18-7 (p.308) Canada GNWT
18.7.2 Any royalties or non-refunded rents received by government in respect of the period after the effective date for an interest listed in part 2 of the appendix to this chapter or for any replacement thereof shall be accounted for by government and an equal amount paid to the Tłıchǫ Government as soon as practicable after each calendar year quarter. Sheet # 18-8 (p.311) Canada GNWT
22.1.12 If the monitoring or audit functions referred to in 22.1.10 are carried out in Wek'èezhìi by a department of government, the department shall do so in consultation with the Tłıchǫ Government. Sheet # 22-12 (p.368) Canada GNWT
22.3.15 Before enacting legislation regulating the use of land or water or the deposit of waste that applies to any part of Wek'èezhìi or Môwhì Gogha Dè Nîîtåèè (NWT) or any amendments to such legislation, government, including any community government, shall consult with the Tłıchǫ Government in relation to its application in Môwhì Gogha Dè Nîîtåèè (NWT) and the Wek'èezhìi Land and Water Board in relation to its application in Wek'èezhìi. Before giving any policy direction to the Board or enacting any laws, in respect of the use of Tłıchǫ lands, the Tłıchǫ Government shall consult with government and the Board. Before giving any policy direction to the Board, the Minister shall consult with the Tłıchǫ Government and the Board. Sheet # 22-1 7 (p.397) Canada and GNWT (though the provision of policy direction comes only from Canada's Minister) Canada and GNWT
22.3.16 The Wek'èezhìi Land and Water Board and government, including a Tłıchǫ community government, must exercise any discretionary powers relating to the use of land that they may have under legislation in a manner consistent with any Tłıchǫ laws made under 7.4.2 including any conditions on the use of Tłıchǫ lands provided in a land use plan or otherwise. Sheet # 22-18 (p.400) Canada and GNWT Canada and GNWT*
22.6.1 Before government concludes a future land claims agreement that would authorize a body ("new body") other than the Wek'èezhìi Land and Water Board or the larger board referred to in 22.4.1 to regulate any use of land or water or deposit of waste in a part of Wek'èezhìi, (a) government shall notify the Tłıchǫ Government that such a provision is being negotiated and provide to the Tłıchǫ Government a reasonable opportunity to conclude an agreement with the representatives of the Aboriginal people to be party to that future land claims agreement respecting how the new body and that board will ensure that all their decisions for that use of land or water or deposit of waste in that part of Wek'èezhìi are made jointly by the new body and the board, by only one of them or by another authority; (b) government shall consider any agreement concluded under (a) and decide whether to approve it; and (c) the Parties shall amend the Agreement in accordance with any agreement approved under (b) and government shall ensure that the future land claims agreement accords with any agreement approved under (b). Sheet # 22-21 (p.405) Canada and GNWT Canada and GNWT*
23.3.1 Prior to opening any lands wholly or partly in Môwhì Gogha Dè Nîîtåèè (NWT) for oil and gas exploration, government shall consult the Tłıchǫ Government on matters related to that exploration, including benefits plans and other terms and conditions to be attached to rights issuance. Sheet # 23-2 (p.412) Canada GNWT
23.4.1 Government shall ensure that the proponent of a major mining project that requires any authorization from government and that will impact on Tłıchǫ Citizens is required to enter into negotiations with the Tłıchǫ Government for the purpose of concluding an agreement relating to the project. This obligation comes into effect one year after the effective date. In consultation with the Dogrib Treaty 11 Council or the Tłıchǫ Government, government shall, no later than one year after the effective date, develop the measures it will take to fulfill this obligation, including the details as to the timing of such negotiations in relation to any governmental authorization for the project. Sheet # 23-3 (p.414) Canada GNWT (however, there is still a Canada obligation to develop measures)
23.6.1 Government shall consult the Tłıchǫ Government in relation to any proposed legislation which
(a) regulates the exploration, development or production of minerals, other than specified substances, in Mowhi Gogha De Niitlee (NWT); or
(b) establishes requirements for issuance of mining rights in Mowhi Gogha De Niitlee (NWT).
Sheet # 23-6 (p.419) Canada GNWT
25.1.1 Government shall pay to the Tłıchǫ Government, in relation to each calendar year, an amount equal to
(a) 10.429 percent of the first $2.0 million of mineral royalties received by government in that year; and
(b) 2.086 percent of any additional mineral royalties received by government in that year.
Sheet # 25-1 (p.425) Canada GNWT
25.1.3 Payments remitted to the Tłıchǫ Government shall be in quarterly instalments. Sheet # 25-1 (p.425) Canada GNWT
25.1.4 Government shall annually provide to the Tłıchǫ Government a statement indicating the basis on which mineral royalties were calculated for the preceding year. Sheet # 25-1 (p.425) Canada GNWT
25.1.5 On the request of the Tłıchǫ Government, government shall request the Auditor General to verify the accuracy of the information in the annual statements. Sheet # 25-1 (p.425) Canada GNWT
25.2.1 Government shall consult with the Tłıchǫ Government on any proposal specifically to alter by legislation the mineral royalty payable to government. Sheet # 25-2 (p.427) Canada and GNWT GNWT
25.2.2 Where government consults outside government on any proposed changes to the fiscal regime which will affect the mineral royalty payable to government, it shall also consult with the Tłıchǫ Government. Sheet # 25-2 (p.427) Canada and GNWT Canada and GNWT*

* Both governments retain their individual responsibility with regards to the specific clause, though the type or level of responsibility may change post devolution.

Schedule 3
List of Interim Agreements

(Section 1.1)

For the purposes of the definition in section 1.1 of Chapter 1, "Interim Agreement" includes:

Akaitcho Dene First Nations

Interim Measures Agreement between the Akaitcho Territory Dene First Nations, Canada, and the GNWT, dated the 28th day of June, 2001.

Interim Land Withdrawal Protocol among Canada, the Akaitcho Dene First Nations, and the GNWT, dated the 21st day of November, 2005.

Athabasca Denesuline

Interim Measures Agreeent between the Athabasca Denesuline, Canada, and the GNWT, dated the 26th day of May, 2004.

Dehcho First Nations

Dehcho Interim Measures Agreement among the Deh Cho First Nations, Canada, and the GNWT, dated the 23rd day of May, 2001.

Dehcho Interim Resource Development Agreement between Canada and the Dehcho First Nations, dated the 17th day of April, 2003

Manitoba Denesuline

Interim Measures Agreement between the Manitoba Denesuline, Canada, and the GNWT, dated the 5th day of August, 2004.

Northwest Territory Métis Nation

Interim Measures Agreement between the Northwest Territory Métis Nation, Canada, and the GNWT, dated the 22nd day of June, 2002.

Interim Land Withdrawal Protocol between the Northwest Territory Métis Nation, Canada, and the GNWT, dated the 19th day of February, 2008.

Schedule 4
Inventory of Exclusions from Transfer of Administration and Control

(Sections 3.30 to 3.34)

Aboriginal Affairs and Northern Development Canada

Part 1: Indian Affairs Branch Reserve Exclusions

LocationUsageGroup NumberLot NumberBlock NumberCanada Land
Survey Number
Land Title
Office Number
Fort Smith Residential 765 511   50359 235
Fort Smith Residential   532   50896 272
Fort Smith Residential   534   50896 272
Fort Smith Residential   539   50896 272
Fort Smith Residential   540   50896 272
Fort Smith Residential   545   50896 272
Fort Smith Residential   548   50896 272
Fort Smith Residential   549   50896 272
Fort Smith Residential   556   50896 272
Fort Smith Residential   560   50896 272
Fort Smith Residential   561   50896 272
Fort Smith Residential   565   50896 272
Fort Smith Residential   568   50896 272
Fort Smith Residential   571   50896 272
Fort Smith Residential   572   50896 272
Fort Smith Residential   573   50896 272
Fort Smith Residential   574   50896 272
Fort Smith Residential   579   50896 272
Fort Smith Residential   580   50896 272
Fort Smith Residential   581   50896 272
Fort Smith Residential   582   50896 272
Fort Smith Residential   587   51450 319
Fort Smith Residential   639   51450 319
Fort Smith Residential   661   51450 319
Fort Smith Residential   590   51450 319
Fort Smith Residential   601   51450 319
Fort Smith Residential   603   51450 319
Fort Smith Residential   604   51450 319
Fort Smith Residential   605   51450 319
Fort Smith Residential   606   51450 319
Fort Smith Residential   612   51450 319
Fort Smith Residential   613   51450 319
Fort Smith Residential   614   51450 319
Fort Smith Residential   616   51450 319
Fort Smith Residential   619   51450 .19
Fort Smith Residential   622   51450 319
Fort Smith Residential   623   51450 319
Fort Smith Residential   625   51450 319
Fort Smith Residential   823   56050 585
Fort Smith Residential   824   56050 585
Fort Smith Residential   476   50359 235
Fort Smith Residential   481   50359 235
Fort Smith Residential   563   50896 272
Lutsel K'e Residential   1 1 43364 202
Lutsel K'e Residential   4 1 43364 202
Lutsel K'e Residential   1 2 43364 202
Lutsel K'e Residential   3 2 43364 202
Lutsel K'e Residential   1 3 52189 379
Lutsel K'e Residential   1 4 52189 379
Lutsel K'e Residential   2 4 52189 379
Lutsel K'e Residential   3 4 52189 379
Lutsel K'e Residential   6 4 52189 379
Lutsel K'e Residential   7 4 51289 379
Lutsel K'e Residential   2 5 52189 379
Lutsel K'e Residential   4 5 52189 379
Lutsel K'e Residential   3 6 52189 379
Lutsel K'e Residential   4 6 52189 379
Lutsel K'e Residential   5 6 52189 379
Lutsel K'e Residential   6 6 52189 379
Lutsel K'e Residential   7 6 52189 379
Lutsel K'e Residential   8 6 52189 379
Lutsel K'e Residential   9 6 52189 379
Lutsel K'e Residential   10 6 52189 379
Lutsel K'e Residential   11 6 52189 379
Lutsel K'e Residential   2 7 52189 379
Lutsel K'e Residential   3 7 52189 379
Lutsel K'e Residential   4 7 52189 379
Lutsel K'e Residential   5 7 52189 379
Lutsel K'e Residential   6 7 52189 379
Lutsel K'e Residential   7 7 52189 379
Lutsel K'e Residential   8 7 52189 379
Lutsel K'e Residential   9 7 52189 379
Lutsel K'e Residential   10 7 52189 379
Lutsel K'e Residential   11 7 52189 379
Lutsel K'e Residential   12 7 52189 379
Lutsel K'e Residential     8 52189 379
Lutsel K'e Residential   1 9 52189 379
Lutsel K'e Residential   2 9 52189 379
Lutsel K'e Residential   6 9 52189 379
Lutsel K'e Residential   7 9 52189 379
Hay River Residential   11 XF 76839 2431
Hay River Residential 814 3 XF 50550 249
Hay River Residential 814 4 XF 50550 249
Hay River Residential 814 5 XF 50550 249
Hay River Residential 814 6 XF 50550 249
Hay River Residential 814 7 XF 50550 249
Hay River Residential   10 XF 76839 2431
Hay River Residential 814 2 XF 50550 249
Hay River Residential   393   51975 360
Hay River Residential   401   51975 360
Hay River Residential   415   51975 360
Hay River Residential   12 XF 76839 2431
Kakisa Residential   6   51744 334
Kakisa Residential   1   51744 334
Kakisa Lake Residential   2   51744 334
Kakisa Lake Residential   3   51744 334
Kakisa Lake Residential   4   51744 334
Kakisa Lake Residential   5   51744 344
Kakisa Lake Residential   7   51744 334
Kakisa Lake Residential   8   51744 334
Kakisa Lake Residential   9   51744 334
Kakisa Lake Residential   10   51744 334
Kakisa Lake Residential   11   51744 334
Kakisa Lake Residential   12   51744 334
Kakisa Lake Residential   13   51744 344
Kakisa Lake Residential   14   51744 344
Kakisa Lake Residential   15   51744 344
Kakisa Lake Residential   16   51744 344
Kakisa Lake Residential   17   51744 344
Fort Providence Residential   59-18   51299 302
Fort Providence Residential   PTN 59-4   51299 302
Fort Providence Residential   PTn 59-19   51299 302
Fort Providence Residential   1   38510 104
Fort Providence Residential   pt.34   38510 104
Fort Providence Residential   54   38510 104
Fort Providence Residential   55   38510 104
Fort Providence Residential   57   38510 104
Fort Providence Residential   59-2   38510 302
Fort Providence Residential   59-3   51299 302
Fort Providence Residential   P59-4   51299 302
Fort Providence Residential   Portion 59-6   51299 302
Fort Providence Residential   59-7   51299 302
Fort Providence Residential   59-8   51299 302
Fort Providence Residential   59-10   51299 302
Fort Providence Residential   59-11   51299 302
Fort Providence Residential   59-12   51299 302
Fort Providence Residential   59-14   51299 302
Fort Providence Residential   Ptn 59-15   51299 302
Fort Providence Residential   59-16   51299 302
Fort Providence Residential   59-17   51299 302
Fort Providence Residential   59-18   51299 302
Fort Providence Residential   59-19   51299 302
Fort Providence Residential   59-20   51299 302
Fort Providence Residential   59-21   51299 302
Fort Providence Residential   59-22   51299 302
Fort Providence Residential   Ptn 59-23   51299 302
Fort Providence Residential   REM 17   52670 393
Fort Providence Residential   61   56816 840
Fort Providence Residential   62   56816 840
Fort Providence Residential   63   56816 840
Fort Providence Residential   78   56816 840
Fort Providence Residential   79   56816 840
Fort Providence Residential   80   56816 840
Fort Providence Residential   81   56816 840
Fort Providence Residential   82   56816 840
Fort Providence Residential   83   56816 840
Fort Providence Residential   84   56816 840
Fort Providence Residential   85   56816 840
Fort Providence Residential   86   56816 840
Fort Providence Residential   87   56816 840
Fort Providence Residential   191   70636 1860
Fort Providence Residential   91   56816 840
Fort Providence Residential   92   56816 840
Fort Providence Residential   93   56816 840
Fort Providence Residential   94   56816 840
Fort Providence Residential   95   56816 840
Fort Providence Residential   96   56816 840
Fort Providence Residential   97   56816 840
Fort Providence Residential   98   56816 840
Fort Providence Residential   100   56816 840
Fort Providence Residential   102   56816 840
Fort Providence Residential   103   56816 840
Fort Providence Residential   104   56816 840
Fort Providence Residential   105   56816 840
Fort Providence Residential   106   56816 840
Fort Providence Residential   107   56816 840
Fort Providence Residential   108   56816 840
Fort Providence Residential   109   56816 840
Fort Providence Residential   110   56816 840
Fort Providence Residential   111   56816 840
Fort Providence Residential   112   56816 840
Fort Providence Residential   114   56816 840
Fort Providence Residential   116   56816 840
Fort Providence Residential   117   56816 840
Fort Providence Residential   ptn 34   38510 104
Fort Resolution Residential   16   35026 58
Fort Resolution Residential   17   35026 58
Fort Resolution Residential   27   35026 58
Fort Resolution Residential   53   35026 58
Fort Resolution Residential   57   35026 58
Fort Resolution Residential   19-1-2   51753 336
Fort Resolution Residential   19-1-3   51753 336
Fort Resolution Residential   19-1-5   51753 336
Fort Resolution Residential   19-1-6   51753 336
Fort Resolution Residential   19-1-7   51753 336
Fort Resolution Residential   19-1-8   51753 336
Fort Resolution Residential   19-1-11   51753 336
Fort Resolution Residential   19-1-12   51753 336
Fort Resolution Residential   19-1-13   51753 336
Fort Resolution Residential   19-1-16   51753 336
Fort Resolution Residential   19-1-18   51753 336
Fort Resolution Residential   19-1-19   51753 336
Fort Resolution Residential   19-1-20   51753 336
Fort Resolution Residential   19-1-21   51753 336
Fort Resolution Residential   19-1-22   51753 336
Fort Resolution Residential   Across St from Lots 16/17   35026 58
Rocher River Residential   1   40267 62
Rocher River School   20   40919 129
Rocher River School   21   40919 129
Trout Rock Island Residential   Trout Rock Island. Excepting NWT
Lease 085J07010 as shown outlined in red
on the sketch annexed to this lease.
     
Dettah Residential PTN-859 Rem, CLSR 51512, LTO 322. Excepting GNWT Reservations numbered 85J08067, 085J08085, 085J08165, 085J08166 and as shown outlined+G204 in red on the sketch annexed to these reserves. Excepting NWTHC Leases 085J08167, 085J08168, 085J08169, 085J08170, 085J08171, 085J08172, 085J08173, 085J08174,, 085J08231, 085J08235, 085J08236 all being a portion of Lot 858 Remainder, CLSR 51512, LTO 322 and as shown outlined in red on the sketch annexed to these leases. And Leases 085J08229 being Lot 11, CLSR 83482, LTO 3528 and Lease, 085J08230 being Lot 9, CLSR 83482, LTO 3518.
N'Dlilo Residential Ptn Lot 500 Rem, CLSR 50638, LTO 254 as transferred to Canada by OIC 1985-899 dated May 1st, 1985 being the tip of Lot 500, Remainder
N'Dilo R1810 Residential 964 Ptn 500 Rem., CLSR 50638, LTO 254. Excepting NWTHC Leases 085J08153, 085J08154, 085J08155, 085J08156, 085J08157 all being a portion of Lot 500 Remainder, CLSR 50638, LTO 224 and as shown outlined in red on the sketch annexed to these leases.H206
Yellowknife Residential   2 1000 77801 2584
Yellowknife Residential   23 5 40273 68
Dettah Residential   1   83482 3528
Dettah Residential   2   83482 3528
Dettah Residential   3   83482 3528
Dettah Residential   4   83482 3528
Dettah Residential   5   83482 3528
Dettah Residential   6   83482 3528
Dettah Residential   7   83482 3528
Dettah Residential   8   83482 3528
Dettah Residential   10   83482 3528
Dettah Residential   12   83482 3528
Dettah Residential   13   83482 3528
Dettah Residential   14   83482 3528
Dettah Residential   15   83482 3528
Dettah Residential   16   83482 3528
Dettah Residential   17   83482 3528
Dettah Residential   18   83482 3528
Dettah Residential   19   83482 3528
Dettah Residential   20   83482 3528
Dettah Residential   21   83482 3528
Dettah Residential   22   83482 3528
Dettah Residential   23   83482 3528
Dettah Residential   24   83482 3528
Dettah Residential   25   83482 3528
Dettah Residential   26   83482 3528
Dettah Residential   27   83482 3528
Dettah Residential   28   83482 3528
Dettah Residential   29   83482 3528
Behchoko Residential   PTN 9 20 72303 2060
Near Fort Liard Residential          
Fort Liard Residential   3 A 42620 172
Fort Liard Residential   5 A 42620 172
Fort Liard Residential   7 A 42620 172
Fort Liard Residential   5 B 42620 172
Fort Liard Residential   10 B 42620 172
Fort Liard Residential   4 D 42621 173
Fort Liard Residential   9 D 42621 173
Fort Liard Residential   2 E 42621 173
E Side Liard River Residential          
Nahanni Butte Residential 860 Ptn 7   51442 317
Nahanni Butte Community Use 860 Ptn 4   51442 317
Nahanni Butte Residential 860 3   51442 317
Nahanni Butte Residential 860 Ptn 1   51442 317
Jean Marie River Residential   Ptn-4   70822 1865
Jean Marie River Residential   5   70822 1865
Jean Marie River Residential   6   70822 1865
Jean Marie River Residential   7   70822 1865
Jean Marie River Residential   8   70822 1865
Jean Marie River Residential   10   70822 1865
Jean Marie River Residential   11   70822 1865
Jean Marie River Residential   Pt 12   70822 1865
Jean Marie River Residential   pt 13   70822 1865
Jean Marie River Residential   pt 14   70822 1865
Jean Marie River Residential   pt 15   70822 1865
Jean Marie River Residential   pt 17   70822 1865
Jean Marie River Residential   pt 18   70822 1865
Jean Marie River Residential   pt 28   70822 1865
Jean Marie River Residential   pt 29   70822 1865
Jean Marie River Residential   pt 30   70822 1865
Jean Marie River Residential   pt 31   70822 1865
Jean Marie River Residential   32   70822 1865
Jean Marie River Residential   33   70822 1865
Jean Marie River Residential   34   70822 1865
Jean Marie River Residential   35   70822 1865
Jean Marie River Residential   36   70822 1865
Jean Marie River Residential   37   70822 1865
Jean Marie River Residential   pt 38   70822 1865
Jean Marie River Residential   39   70822 1865
Jean Marie River Residential   pt 40   70822 1865
Jean Marie River Residential   pt 44   70822 1865
Jean Marie River Residential   pt 48   70822 1865
Jean Marie River Residential   pt 49   70822 1865
Jean Marie River Residential   51   70822 1865
Fort Simpson Residential   68   61089 1083
Fort Simpson Residential   69   61089 1083
Fort Simpson Residential   70   61089 1083
Fort Simpson Residential   71   61089 1083
Fort Simpson Residential   72   61089 1083
Fort Simpson Residential   87   61089 1083
Fort Simpson Residential   88   61089 1083
Fort Simpson Residential   89   61089 1083
Fort Simpson Residential   90   61089 1083
Fort Simpson Residential   91   61089 1083
Fort Simpson Residential   93   61089 1083
Fort Simpson Residential   95   61089 1083
Fort Simpson Residential   96   61089 1083
Fort Simpson Residential   97   61089 1083
Fort Simpson Residential   99   61089 1083
Fort Simpson Residential   362   66696 1373
Fort Simpson Residential   365   66696 1373
Fort Simpson Residential   368   66696 1373
Fort Simpson Residential   400   66696 1373
Fort Simpson Residential   399   66696 1373
Fort Simpson Residential   396   66696 1373
Fort Simpson Residential   395   66696 1373
Fort Simpson Residential   380   66696 1373
Fort Simpson Residential   381   66696 1373
Fort Simpson Residential   382   66696 1373
Fort Simpson Residential   403   66696 1373
Fort Simpson Residential   373   66696 1373
Fort Simpson Residential   404   66696 1373
Fort Simpson Residential   384   66696 1373
Fort Simpson Residential   385   66696 1373
Fort Simpson Residential   378   66696 1373
Fort Simpson Residential   392   66696 1373
Fort Simpson Residential   391   66696 1373
Fort Simpson Residential   78   52014 364
Fort Simpson Residential   83   51896 348
Fort Simpson Residential   84   51896 348
Fort Simpson Residential   85   51896 348
Fort Simpson Residential   364   66696 1373
Fort Simpson Residential   360   66696 1373
Fort Simpson Residential   94   52014 364
Fort Simpson Residential   95   52014 364
Fort Simpson Residential   96   52014 364
Fort Simpson Residential   97   52014 364
Fort Simpson Residential   98A   52014 364
Fort Simpson Residential   102   52014 364
Fort Simpson Residential   103   52014 364
Fort Simpson Residential   105   52014 364
Fort Simpson Residential   106   52014 364
Fort Simpson Residential   108   52014 364
Fort Simpson Residential   110   52014 364
Fort Simpson Residential   112   52014 364
Fort Simpson Residential   113   52014 364
Fort Simpson Residential   114   52014 364
Fort Simpson Residential   116   52014 364
Fort Simpson Residential   117   52014 364
Fort Simpson Residential   118   52014 364
Fort Simpson Residential   119   52014 364
Fort Simpson Residential   120   52014 364
Fort Simpson Residential   121   52014 364
Fort Simpson Residential   122   52014 364
Fort Simpson Residential   PTN-124   52014 364
Fort Simpson Residential   PTN-124   52014 364
Fort Simpson Residential   38   40146 44
Fort Simpson Residential   39   40146 44
Fort Simpson Residential   101   52014 364
Fort Simpson Residential   4-3   53652 463
Fort Simpson Residential   4-4   53652 463
Fort Simpson Residential   4-5   53652 463
Fort Simpson Residential   4-6   53652 463
Fort Simpson Residential   4-7   53652 463
Fort Simpson Residential   4-8   53652 463
Fort Simpson Residential   80   52014 364
Fort Simpson Residential   100   52014 364
Fort Simpson Residential   107   52014 364
Fort Simpson Residential   109   52014 364
Fort Simpson Residential   111   52014 364
Fort Simpson Residential   115   52014 364
Fort Simpson Residential   125   52014 364
Fort Simpson Residential 911 47   61089 1083
Fort Simpson Residential 911 53   61089 1083
Fort Simpson Residential 911 56   61089 1083
Fort Simpson Residential 911 57   61089 1083
Fort Simpson Residential 911 58   61089 1083
Fort Simpson Residential 911 59   61089 1083
Fort Simpson Residential 911 60   61089 1083
Fort Simpson Residential 911 63   61089 1083
Fort Simpson Residential 911 64   61089 1083
Fort Simpson Residential 911 65   61089 1083
Fort Simpson Residential 911 66   61089 1083
Fort Simpson Residential   374   66696 1373
Fort Simpson Residential   387   66696 1373
Fort Simpson Residential   397   66696 1373
Fort Simpson Residential   398   66696 1373
Fort Simpson Residential   556   78990 2844
Fort Simpson Residential   557   78990 2844
Fort Simpson Residential   559   78990 2844
Fort Simpson Residential   560   78990 2844
Fort Simpson Residential   561   78990 2844
Fort Simpson Residential   423   70679 1840
Fort Simpson Residential   424   70679 1840
Fort Simpson Residential   425   70679 1840
Fort Simpson Residential   426   70679 1840
Fort Simpson Residential   427   70679 1840
Fort Simpson Residential   428   70679 1840
Fort Simpson Residential   429   70679 1840
Fort Simpson Residential   430   70679 1840
Fort Simpson Residential   431   70679 1840
Fort Simpson Residential   432   70679 1840
Fort Simpson Residential   433   70679 1840
Fort Simpson Residential   434   70679 1840
Fort Simpson Residential   435   70679 1840
Fort Simpson Residential   436   70679 1840
Fort Simpson Residential   437   70679 1840
Fort Simpson Residential   438   70679 1840
Fort Simpson Residential   439   70679 1840
Fort Simpson Residential   440   70679 1840
Fort Simpson Residential   441   70679 1840
Fort Simpson Residential   442   70679 1840
Fort Simpson Residential   443   70679 1840
Fort Simpson Residential   444   70679 1840
Fort Simpson Residential   445   70679 1840
Fort Simpson Residential   446   70679 1840
Fort Simpson Residential   448   70679 1840
Fort Simpson Residential   449   70679 1840
Fort Simpson Residential   450   70679 1840
Fort Simpson Residential   451   70679 1840
Fort Simpson Residential   452   70679 1840
Fort Simpson Residential   453   70679 1840
Fort Simpson Residential   454   70679 1840
Fort Simpson Residential   455   70679 1840
Fort Simpson Residential   456   70679 1840
Fort Simpson Residential   457   70679 1840
Fort Simpson Residential   466   70679 1840
Fort Simpson Residential   470   70679 1840
Fort Simpson Residential   471   70679 1840
Fort Simpson Residential   472   70679 1840
Wrigley Residential   5   22390 63
Wrigley Residential   10   22390 63
Wrigley Residential   7   22390 63
Wrigley Residential   6   22390 63
Wrigley Residential   13   22390 63

Aboriginal Affairs and Northern Development Canada

Part 2: Inventory – Indian Act Reserve Lands

LocationLot NumberBlock NumberCanada Land
Survey Number
Land Titles
Office Number
Order–in–Council
(OIC) Number
Salt River Indian Reserve 1000 Quad 75C/5   90969 4050 2008-1666
Salt River Indian Reserve 1000 Quad 75D/02   90968 4054 2008-1666
Salt River Indian Reserve 1001 Quad 75D/2   90968 4054 2008-1666
Salt River Indian Reserve 1000, Quad 75D/3   96620 4283 2011-752
Salt River Indian Reserve Remainder Lot 60   38702 14 2008-1666
Salt River Indian Reserve 3018   86867 3771 2011-752
Salt River Indian Reserve 3017   86867 3771 2011-752
Salt River Indian Reserve 1000 Quad 75D/4   90966 4049 2008-1666
Salt River Indian Reserve 3016   86867 3771 2011-752
Salt River Indian Reserve 1008 Quad 85A/1   96553 4282 2011-752
Salt River Indian Reserve 1000, Quad 75 D/5-3   96559 4280 2011-752
Salt River Indian Reserve 1000 Quad 75D/16   90970 4047 2008-1666
Salt River Indian Reserve 1002, Quad 75 D/8   96556 4281 2011-752
Salt River Indian Reserve 1000, Quad 75 D/12   96554 4277 2011-752
Salt River Indian Reserve 1003, Quad 75 D/12   96554 4277 2011-752
Salt River Indian Reserve 1001 Quad 75D/12   96555 4279 2011-752
Salt River Indian Reserve 1004 Quad 75D/12   96555 4279 2011-752
Salt River Indian Reserve 1005 Quad 75D/12   96555 4279 2011-752
Salt River Indian Reserve 1006 Quad 75D/12   96555 4279 2011-752
Salt River Indian Reserve 1007 Quad 75D/12   96555 4279 2011-752
Salt River Indian Reserve 1000 Quad 75D/13   96557 4275 2011-752
Salt River Indian Reserve 1001 Quad 75D/13   96557 4275 2011-752
Salt River Indian Reserve 1000, 75 E/01   96558 4278 2011-752
Salt River Indian Reserve No. 195 Reserve 195   4717 192 1941-8761
Salt River Indian Reserve 1006 Quad 85A/01   90575 4023 2008-1666
Salt River Indian Reserve 1000 Quad 85A/01   90573 4022 2008-1666
Salt River Indian Reserve 1001 Quad 85A/01   90573 4022 2008-1666
Salt River Indian Reserve 1006 Quad 85A/02   90574 4021 2008-1666
Salt River Indian Reserve 1003, Quad 85 A/01   91220 4073 2008-1666
Salt River Indian Reserve 1004, Quad 85 A/01   91220 4073 2008-1666
Salt River Indian Reserve 1005, Quad 85 A/01   91220 4073 2008-1666
Salt River Indian Reserve 1007, Quad 85 A/01   96552 4274 2011-752
Salt River Indian Reserve 1002 Quad 85A/02   90572 4020 2008-1666
Salt River Indian Reserve 1003, Quad 85 A/02   90572 4020 2008-1666
Salt River Indian Reserve 1004 Quad 85A/02   90574 4021 2008-1666
Salt River Indian Reserve 1007 Quad 85A/02   90574 4021 2008-1666
Salt River Indian Reserve 1000, Quad 85 A/07   94033 4194 2011-752
Salt River Indian Reserve 1000, Quad 85A/9   90967 4048 2008-1666
Salt River Indian Reserve 1001, Quad 85 A/09   90967 4048 2008-1666
Salt River Indian Reserve 1002 Quad 85A/9   90967 4048 2008-1666
Hay River Indian Reserve See description below*       1974-387
Hay River Indian Reserve 628   55495 495 1974-387
Hay River Indian Reserve 15   40266 38 1974-386

*Hay River Indian Reserve OIC description

P.C. 1974-387

26 February 1974

Whereas the lands described in Part 1 of the Schedule are Territorial Lands within the meaning of the Territorial Lands Act;

And Whereas the said lands are required for the purpose of enabling the Government of Canada to fulfill its obligations under Treaty No. 8 with respect to the Hay River Band of Indians.

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, is pleased hereby,

  1. Pursuant to section 19 of the Territorial Lands Act, to revoke Orders in Council P.C. 1973-2238 of 24th July 1973, and P.C. 1973 -2213 of 24th July, 1973, and to set apart and appropriate the said lands, including all mines and minerals, for the purpose aforesaid.
  2. Pursuant to the Indian Act, to set apart the said lands for the use and benefit of the Hay River Band of Indians as Hay River Indian Reserve No. 1, subject to the existing rights and privileges described in Part 2 of the Schedule , any proceeds of which shall be credited to the revenue monies of the Hay River Band of Indians.

Schedule

Part 1:

In the Northwest Territories; in the vicinity of Hay River, all those parcels being more particularly described under Firstly and Secondly as follows:

Firstly

Commencing at a point on the right bank of the Hay River, said point being on the westerly production of the bearing 115007'45" of the northerly limit of Highway number 5 and distant 402,9 feet, more or less, on a bearing of 350039'40" from a standard post, pits and mound numbered RR12 and marking the southerly limit of the Canadian National Railway right of way according to plan 55589 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office at Yellowknife as 534;

thence 115°07'45", 32.0 feet, more or less, to a post marking said northerly limit of Highway number 5;
thence 115°07'45", along the last aforesaid limit, 498.0 feet, more or less to a post;
thence on a tangential curve to the left of radius 314.0 feet, 247.4 feet, more or less to a post;
thence 69°58'45", 1006.4 feet, more or less to a post;
thence on a tangential curve to the right of radius 1585.4 feet, 1191.0 feet, more or less to a post;
thence 113°01'20", 5257.5 feet, more or less to a post;
thence on a tangential curve to the left of radius 12976.7 feet, 2014.0 feet, more or less, to a post;
thence on a tangential curve to the left of radius 5449.2 feet, 455.3 feet, more or less, to a post;
thence 99°20'35", 4349.4 feet, more or less to a post;
thence on a tangential curve to the left of radius 5463.1 feet, 1194.2 feet, more or less, to a post;
thence 86°49'05", 9670.1 feet, more or less, to a post;
thence on a tangential curve to the right of radius 1828.5 feet, 380.7 feet, more or less to a post;
thence 98°44'55", 13694.4.feet, more or less, to a post;
thence on a tangential curve to the right of radius 1598.6 feet, 1642.3 feet more or less, to a post;
thence 157°36'40" 398.9 feet, more or less, to a post;
thence 12°30' to the southerly bank of Great Slave Lake;
thence in a general westerly direction along the last aforesaid bank to its intersection with said right bank of Hay River
thence southerly along the last aforesaid bank to the point of commencement, said bearings being astronomic and referred to the meridian of longitude 117°00;

Secondly

The whole of lot 15 (also known as Island A) according to a plan of Hay River Settlement recorded as 40266 in said Records, a copy of which is registered in said Office as 38.

Less all those parts of said parcel described under Firstly above lying within lots 3, 6, 7, 9, 11, 12, 14, 21, 33, 39 inclusive, 43, 44, 47, 48 and all that part of lot 5 lying southwesterly of the road passing through said lot 5, as said lots and road are shown on said plan 40266;
The remainder containing about 52 square miles.

Part 2:

Firstly

The continued use by the department of Transport of the whole of Lot 628 in Group 814, as said Lot is shown on a plan of survey of record number 55495 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed. in the land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 495 for so long as the said Lot is required. for Outer Marker/Non-Directional Beacon and Transmitter purposes in connection with Hay River Airport.

Secondly

Lease No. 2259 dated March 22, 1972 in the name of the Northern Transportation Company Limited for a term of 5 years from the 1st day of October 1971, of a parcel of land comprising a strip 100 feet in width along the whole of the shoreline of Lot 15 (also known as Island A) according to a plan of Hay River Settlement recorded as 40266 in said records, a copy of which is registered in said Office as 38, which strip is more particularly shown outlined in red on a sketch attached to said lease

Thirdly

Lease No. 1607 dated August 21, 1967, in the name of The Pentecostal Assemblies of Canada for a term of 10 years from the 1st day of May, 1967, of a parcel of land on the left bank of the Sandy River where the said River meets Great Slave Lake, which parcel is more particularly shown outlined in red on a sketch attached to said lease.

Fourthly

Lease No. 2286 dated November 22, 1972, in the name of The Corporation of the Town of Hay River, for a term of 5 years from the 1st day of July, 1972, of a parcel of land on the right bank of the Sandy River

where the said River meets Great Slave Lake, which parcel is more particularly shown outlined in red on a sketch attached to said lease.

Fifthly

Licence No. 2387 dated September 11, 1973, in the name of Canadian National Railway Company, for a term of 10 years from the 1st day of June, 1972, covering a strip of land lying 15 feet on either side of the centre line of the telecommunications pole line between Fort Smith and Hay River, as said pole line is shown in red on CN Telecommunications Northwest Region No. 6 Drawing No. R 20-002 with respect to any portion of the said pole line crossing the lands described in Part 1 of this Schedule.

Aboriginal Affairs and Northern Development Canada

Part 3: Land Negotiation Office Exclusions

Yellowknife Currently Vacant land; Located Lot 3, Block B; Plan 70. CLSR #40350; Certificate of Title 36694 Registered in Land Titles Office in Yellowknife, NWT
Hay River Residential land located in Hay River. Lot 901, Plan 830; CLSR #58222; Certificate of Title -31919
Yellowknife Residential land located in City of Yellowknife; Lot 15;
Block 57, Plan 140; CLSR #40342; Certificate of Title #34156
Yellowknife Residential land located in the City of Yellowknife; Lot 6; Block 58, Plan 140; CLSR 40342; Certificate of Title #57564
Yellowknife Residential land located in the City of Yellowknife; Lot 7; Block 57, Plan 140, CLSR #40342; Certificate of Title #34150
Yellowknife Residential land located in the City of Yellowknife; Lot 5; Block 58, Plan 140; CLSR # 40342; Certificate of Title #57563
Hay River Residential zoned land located in Town of Hay river; Lot 800; Plan 397; CLSR #52725; Certificate of Title #59143

Aboriginal Affairs and Northern Development Canada

Part 4: Norman Wells Proven Area:

LocationUsageGroup NumberLot NumberBlock NumberCanada Land
Survey Number
Land Title
Office Number
Norman Wells Proven Area Industrial - Oil and Gas Production and Transmission The Norman Wells Proven Area, including the units listed below in each of the sections opposite those units in the grid area the northeast corner of which is located at the parallel of latitude 65°20'N and the meridian of longitude 126°45'W, which grid sections and units are described in sections 5 to 8 of the Canada Oil and Gas Land Regulations
SectionsUnit(s)SectionsUnit(s)
16 L-N 46 All
17 C-F, K-M 47 All
25 M 48 A-H
26 C-P 56 All
27 ALL 57 All
28 A-G 58 A-D, H
35 M-P 66 A, F-P
36 All 67 All
37 All 68 A,B
38 A-H 76 I, O, P
45 M-P 77 A, B, G-J, P
Ekwe Island, Mackenzie River Oil and Gas/Artificial Island Lot 1006, CLSR # 69430, LTO # 1693
Dehcho Island, Mackenzie River Oil and Gas/Artificial Island Lot # 1005, CLSR # 69430, LTO# 1693
Rampart Island, Mackenzie River Oil and Gas/Artificial Island Lot #1004, CLSR # 69430, LTO# 1693
Rayuka Island, Mackenzie River Oil and Gas/Artificial Island Lot # 1003, CLSR # 69430, LTO #1693
Little Bear Island, Mackenzie River Oil and Gas/Artificial Island Lot # 1008, CLSR # 69807 LTO # 1732
Itehk'ee Island, Mackenzie River Oil and Gas/Artificial Island Lot # 1007, CLSR # 69807, LTO # 1732
Dehcho Island to Mainland, Mackenzie River Oil and Gas/Pipeline All those easements shown on a plan of survey of record number 69430, LTO 1693 and as show on a plan of survey of record number 69807, LTO 1732
Between Frenchy Island and Bear Island Oil and Gas/Road All that parcel of land in the Mackenzie River, between Frenchy and Bear Island, in Quad 96E/7, as shown outlined in red on the sketch annexed to and forming part of Lease # 96E/7-26-4
Adjacent to mainland Lot 1000 Oil and Gas/Wharf All that parcel of land located in the Mackenzie River, near Norman Wells, adjacent to Lot 1000, in Quad 96E/7, as shown outlined in red on the sketch annexed to and forming part of Lease # 95E/7-27-5
Between Frenchy Island and Bear Island Oil and Gas/Road, cables and pipeline All that parcel of land located between Frenchy Island and Bear Islands, in the Mackenzie River, as shown on the sketch annexed to and forming part of Lease # 96E/7-49-2
Adjacent to mainland Lot 1000 Oil and Gas/Producing Well Site Facilities All that parcel of land located in the Mackenzie River, near Norman Wells, adjacent to Lot 1000, in Quad 96E/7, as shown outlined in red on the sketch annexed to and forming part of Lease # 95E/7-50-2
Municipality of Norman Wells - Block Land Transfer area - Surface Only   Excepting (from the Norman Wells Proven Area as described), those surface portions of the Block Land Transfer of Norman Wells transferred to the administration and control of the Commissioner of the NWT, that are within the Norman Wells Proven area, as authorized by Order-in-Council 1973-293 dated February 6, 1973. (full land description contained in the Order-in Council)

Aboriginal Affairs and Northern Development Canada

Part 5: Sites Requiring Remediation by AANDC

LocationUsageGroup NumberLot NumberBlock NumberCanada Land
Survey Number
Land Title
Office Number
Yellowknife – Giant Mine – Subsurface only Remediation 964 395   23149 P.C.2005-1055
  Remediation 964 403   23149 P.C.2005-1055
  Remediation 964 402   23149 P.C.2005-1055
  Remediation 964 401   23149 P.C.2005-1055
  Remediation 964 404   23149 P.C.2005-1055
  Remediation 964 396   23149 P.C.2005-1055
  Remediation 964 394   23149 P.C.2005-1055
  Remediation 964 393   23149 P.C.2005-1055
  Remediation 964 409   23151 P.C.2005-1055
  Remediation 964 407   23151 P.C.2005-1055
  Remediation 964 408   23151 P.C.2005-1055
  Remediation 964 405   23152 P.C.2005-1055
  Remediation 964 400   23152 P.C.2005-1055
  Remediation 964 397   23150 P.C.2005-1055
  Remediation 964 392   23150 P.C.2005-1055
  Remediation 964 406   23152 P.C.2005-1055
  Remediation 964 399   23152 P.C.2005-1055
  Remediation 964 398   23150 P.C.2005-1055
  Remediation 964 391   23150 P.C.2005-1055
  Remediation 964 390   23150 P.C.2005-1055
  Remediation 964 946   59053 P.C.2005-1055
  Remediation         P.C.2005-1055
  Remediation         P.C.2005-1055
  Remediation         P.C.2005-1055
  Remediation         P.C.2005-1055Footnote1
  Remediation 964 9 lots   22150 P.C.2005-1055
  Remediation 964 many   22421 P.C.2005-1055
  Remediation 964 many   22422 P.C.2005-1055
  Remediation 964 many   22423 P.C.2005-1055
  Remediation 964 many   22471 P.C.2005-1055
  Remediation 964 330   22405 P.C.2005-1055
  Remediation 964 331   22405 P.C.2005-1055
  Remediation 964 332   22405 P.C.2005-1055
  Remediation 964 333   22406 P.C.2005-1055
  Remediation 964 334   22406 P.C.2005-1055
  Remediation 964 335   22406 P.C.2005-1055
  Remediation 964 336   22406 P.C.2005-1055
  Remediation 964 337   22405 P.C.2005-1055
  Remediation 964 843   53478 P.C.2005-1055

Aboriginal Affairs and Northern Development Canada

Part 5: Sites Requiring Remediation by Canada (Refer to Schedule 7 – Part D)

LocationUsageGroup NumberLot NumberBlock NumberCanada Land
Survey Number
Land Title
Office Number
Johnson Point Remediation          
Port Radium Mine/Eldorado Mine (Labine Point) Remediation          
Discovery Mine (Discovery Yellowknife Mines Ltd.; Consol Discovery Yk Mines) Remediation          
Hidden Lake Mine (Ragged Ass Mine) Remediation          
North Inca Mine (North Inca) Remediation          
Rayrock Mine (Rob Group; M.M. Group; Island 2; Beta0 Remediation          
Colomac Mine (Baton Lake, Indin Lake, Goldcrest, Grizzly Bear ) Remediation          
Old Frobisher Wells-Hay River Remediation          
Sawmill Bay/Great Bear Lake Remediation          
Terra # 1 (North Mine, Silver Bear Properties) Remediation          
Terra # 2 (Northrim Mine, Silver Bear Properties, Silver Bay, White Eagle) Remediation          
Terra # 3 (Norex Mine, Silver Bear Properties; Ceaser Silver) Remediation          
Terra # 4 (Smallwood Mine, Silver Bear Properties) Remediation          
Contact Lake Mine (International Uranium, M Group, Sam, Kayo) Remediation          
El Bonanza Mine (Bonanza East, Bonanza Vein, Spud Vein) Remediation          
Canol Trail - Mile 36 - Pump Station 2 Remediation          
Canol Trail - Mile 46 - Whore Hill Barrel Dump Remediation          
Canol Trail - Mile 50 - Road Maintenance Camp - Little Keele Remediation          
Canol Trail - Mile 54.5 - Emergency Shelter Remediation          
Canol Trail - Mile 68 - Blue Mountain Maintenance Camp Remediation          
Canol Trail - Mile 80 - Road Maintenance Camp = Plains Of Abraham Remediation          
Canol Trail - Mile 90 - Road Maintenance Camp - Andy Creek Remediation          
Canol Trail - Mile 100 - Road Maintenance Camp - Bolstead Creek Remediation          
Canol Trail - Mile 108 - Pump Station #4 Remediation          
Canol Trail - Mile 118 - Potential Pipeline Oil Spill And Emergency Shelter Site Remediation          
Canol Trail - Mile 142 - Drum Cache/Pipeline Oil Spill Remediation          
Canol Trail - Mile 150 - Vehicle Boneyard Site Remediation          
Canol Trail - Mile 160 - Drum Cache Remediation          
Canol Trail - Mile 170 - Pump Station #5 Remediation          
Canol Trail - Mile 184 - Vehicle Boneyard And Drums - Ekwi River Remediation          
Canol Trail - Mile 202 - Vehicle Boneyard Remediation          
Canol Trail - Mile 204 - Former Camp And Drums Remediation          
Canol Trail - Mile 208 - Pump Station #6 Remediation          
Canol Trail - Mile 212 - Drum Cache Remediation          
Canol Trail - Mile 215 - Drum Cache In Pond Remediation          
Canol Trail - Mile 222 - Camp And Vehicle Cache Remediation          
Canol Trail - Mile 76 - Pump Station 3 Remediation          
Fpc Tennco Root River I-60 Remediation          
Copper Pass Mine-Hearne Channel (Sachowia Lake) Remediation          
O`Connor Lake (American Yellowknife Mine; Mwk No.1 Vein) Remediation          
Rocher River Remediation          
Stark Lake (Nip) Remediation          
Wilson Island (Aurous Gold Mine; Victory; Big Moose; Big Bear.) Remediation          
Beaulieu Mine (John Lake; Brandy; Irene; Norma; Tungsten And Gold Mines Limited) Remediation          
Beaverlodge Lake Remediation          
Camlaren Mine (Hump Vein) Remediation          
Burnt Island (Ardogo, Good Hope, Goo, Giant Bay, Gordon Lake) Remediation          
Indore Gold Mine/Hottah Lake (Pitch 8 ) Remediation          
Liten Mine/Old Parr North (Million Dollar Pit, Garskie Gold Mines) Remediation          
Bullmoose Lake Mine (Formerly Mann Lake) Remediation          
Nation Wide Ross Lake/ Peg Tantalum (Toke) Mine Remediation          
Pensive Mine (Rare, Ingraham, Harry Ingraham Trust) Remediation          
Mitchell Lake Mine (Ribb Chick Beneventum, No. 1 Vein) Remediation          
Ruth Gold Mine Remediation          
Joon Mine (Campbell Lake, June Mine, Strike Lake) Remediation          
Sunset Lake Mine (Sunset Yellowknife)(Alice, Ann) Remediation          
Tundra-Taurcanis Mine (Bulldog Yellowknife Gold Mines, Tamcanis Mines Limited, Tundra Gold Mines) Remediation          
West Bay Mine (Black Ridge)(Daf)(Mq) Remediation          
Courageous Lake (Alpha, Nov 5) Remediation          
Myrt Lake (Sdc Group, Dome #1, Wt) Remediation          
Blanchet Island Mine (Hrl Claims ) Remediation          
Chipp Lake Mine (Cliff Lake, Eileen) Remediation          
Goodrock Mine (Gordon Lake) Remediation          
Outpost Island Remediation          
Storm Mine (Consolation Lake 2) Remediation          
Knight Bay (Kidney Pond) Remediation          
Knight Bay (Treacy No.1) Remediation          
Spectrum Lake ( Aa/Bb, Benventum) Remediation          
Hwy #1 Km 508 Remediation          
Storm Property - Gordon Lake Remediation          
De Staffany Mine (Moose, Tal) Remediation          
Bear Portal Remediation          
Contact Lake Portal Remediation          
Wilson Island (Aurous Gold Mine; Victory; Big Moose; Big Bear.) Remediation          
Norris Lake Remediation          
River Lake Portage Remediation          
Sun-Rose Claim Group (Sun) Remediation          
Thompson-Lundmark Mine (Waco, Kim) Remediation          
Wrigley Point Remediation          
Dome Lake (Lambert Vein, Tt) Remediation          
Wrigley Dismantled Refueling Station Remediation          
Pine Point Railbed Remediation          
Johnston Lake Remediation          
Waldron River Remediation          
Try Me Remediation          
Murray Lake Remediation          

AANDC for Atomic Energy Canada Limited

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information – Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Bell Rock No longer Active - Contaminated Site In the Northwest Territories, all that unsurveyed parcel of lands being a portion of Lot 16, Group 765, Plan 57923 CLSR , 800 LTO, measuring approximately 45.72 metres by approximately 91 metres, identified as reserve # 85A/1-70-2 in the records of the Department of Indian and Northern Affairs Canada, and having an area of approximately 0.41 hectares.
Sawmill Bay Airstrip No longer Active - Contaminated Site Site Description: In the Northwest Territories, all that unsurveyed parcel of lands being a portion of Lot 1001, Plan 92621 CLSR , 4153 LTO, measuring approximately 200 metres by approximately 200 metres, identified as reserve # 86E/10-5-2 in the records of the Department of Indian and Northern Affairs Canada, and having an area of approximately 4 hectares.
Great Bear River - Lower Shipyard Site No longer Active -Contaminated Site In the Northwest Territories, all that unsurveyed parcel of lands being located at approximately 64° 59' 35" of latitude North and approximately 124° 47' 53" of longitude West, measuring approximately 20 metres by approximately 20 metres, identified as reserve # 96C/15-3-2 in the records of the Department of Indian and Northern Affairs Canada, and having an area of approximately 400 square metres.
Road BET. GBRiver-Upper Portage Landing No longer Active - Contaminated Site All topographic features hereinafter are according to the following maps, produced at a scale of 1:250,000 by the Department of Energy, Mines and Resources, and the Army Survey Establishment, R.C.E.: 96C, Edition 2, 1994 (Fort Norman), 96F, Edition 2, 1988 (Mahony Lake), 96G, Edition 2, 1990 (Fort Franklin); All survey plans hereinafter are archived in the Canada Lands Surveys Records ( CLSR ), in Ottawa and are filed at the Land Titles Office (LTO), in Yellowknife; In the Northwest Territories; An unsurveyed corridor of approximately 60 metres wide (winter road) on unsurveyed crown lands and on a portion of Lot 1, Group 1109, Plan 56900 CLSR, 693 LTO, more particularly described as follows: Commencing at the western end of the winter road (north of Sahtu Parcel 53) being a line formed by the survey monuments marked "R1, 1995" and "R2, 1995" shown on Plan 81150 CLSR (Sheet 2), 3238 LTO; Thence, easterly, following the centre line of the said winter road to the survey monument marked "R, 77A, 1995", shown on Plan 81150 CLSR (Sheet 2), 3238 LTO, being the intersection with the Fort Franklin winter road; Thence, in a general easterly and north-easterly direction, along the centre line of the Fort Franklin winter road, to its eastern end (north of Sahtu Parcel 74), being the O.H.W.M. of the southwest bank of Keith Arm (Great Bear Lake), shown on Plan 82897 CLSR (Sheet 10), 3481 LTO; Said parcel containing about 400 hectares.

Canada Post Corporation

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information – Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Fort Norman Post Office Outlet Located in the community of Fort Norman - Part of Lot 14; Plan 22457; CLSR 49 Land Titles Office located in Yellowknife
Norman Wells Post Office Outlet Located in the community of Norman Wells - Plan 64223 (CLSR); LTO # 1228

Environment Canada

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Inuvik, NT, Region 1 Upper Air Station DFRP # 21026: In Lot 48, in Inuvik, NT Region 1, as shown on a plan of survey of record number 57255 in the Canada Land Survey Records in Ottawa, a copy of which is filed in the Land titles Office for the Northwest Territories Land Registration District at Yellowknife under number 706. Exclusion of Lot 2, Block 101, having an area of 4.48 ha, being part of Lot 48, Group 1355, Plan 57255, CLSR No. 706, LTO., Inuvik, Northwest Territories. DFRP 21026;Group; OIC #1975-1218;
Norman Wells, NT, P.O. Box 128 Upper Air Station DFRP# 21136: In Lot 2136, in Norman Wells, NT, as shown on a plan of survey of record number 18923 in the Canada Land Survey Records in Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 1515. DFRP 21136; OIC # 1985-2358;
Fort Simpson, NT, Region 4 Water Survey Office DFRP # 23449: In Lot 14 (1)(2), in Fort Simpson, NT, as shown on a plan of survey of record number 20744 in the Canada Land Survey Records in Ottawa, a copy of which is filed in the Land Titles Office for the NorthWest Territories Land Registration District at Yellowknife under number 1783. DFRP 23449
Edehzhie (Horn Plateau) Protected Area

Order-in-Council # 2011-1537: 14,218 sq km
Tracts of Territorial Lands Withdrawn from Disposal in the Northwest Territories (Edehzhie (Horn Plateau))- Description of Proposed Edehzhie National Wildlife Area
In the Northwest Territories; In the vicinity of the Horn Plateau; All that parcel being more particularly described as follows, all geographic coordinates being North American Datum of 1983 (CSRS) and any references to straight lines mean points joined directly on a North American Datum of 1983 (CSRS) Universal Transverse Mercator projected plane surface:
Commencing at the point of latitude 61°26'32" north and longitude 118°24'50" west;
Thence northwesterly in a straight line to a point at latitude 61°35'04" north and longitude 118°33'07" west;
Thence northeasterly in a straight line to a point at latitude 61°41'58" north and longitude 118°26'31" west;
Thence northwesterly in a straight line to a point at latitude 61°46'19" north and longitude 118°45'37" west;
Thence westerly in a straight line to a point at latitude 61°48'20" north and longitude 119°51'34" west;
Thence northwesterly in a straight line to a point at latitude 61°57'00" north and longitude 120°32'51" west;
Thence northwesterly in a straight line to a point at latitude 62°09'23" north and longitude 120°56'24" west;
Thence northwesterly in a straight line to a point at latitude 62°13'38" north and longitude 121°02'24" west;
Thence northeasterly in a straight line to a point at latitude 62°29'48" north and longitude 120°50'38"west;
Thence northerly in a straight line to a point at latitude 62°36'37" north and longitude 120°52'06"west;
Thence westerly in a straight line to a point at latitude 62°36'28" north and longitude 120°55'23" west;
Thence southwesterly in a straight line to a point at latitude 62°35'05" north and longitude 121°00'23" west;
Thence northwesterly in a straight line to a point at latitude 62°35'45" north and longitude 121°08'22" west;
Thence northwesterly in a straight line to a point at latitude 62°37'19" north and longitude 121°11'39"west;
Thence northwesterly in a straight line to a point at latitude 62°38'01" north and longitude 121°19'25" west;
Thence westerly in a straight line to a point at latitude 62°37'35" north and longitude 121°29'38" west;
Thence southwesterly in a straight line to a point at latitude 62°29'44" north and longitude 121°42'20" west;
Thence westerly in a straight line to a point at latitude 62°29'14" north and longitude 121°52'20" west;
Thence northwesterly in a straight line to a point at latitude 62°31'35" north and longitude 121°58'04" west;
Thence northwesterly in a straight line to a point at latitude 62°35'38" north and longitude 122°03'33" west;
Thence northwesterly in a straight line to a point at latitude 62°37'46" north and longitude 122°1'1'15" west;
Thence southwesterly in a straight line to a point at latitude 62°36'42" north and longitude 122°23'37" west;
Thence westerly in a straight line to a point at latitude 62°37'05" north and longitude 122°36'58" west;
Thence northwesterly in a straight line to a point at latitude 62°39'20" north and longitude 122°42'00" west;
Thence northwesterly in a straight line to a point at latitude 62°40'00" north and longitude 122°48'29" west;
Thence southwesterly in a straight line to a point at latitude 62°38'24" north and longitude 122°51'33" west;
Thence southwesterly in a straight line to a point at latitude 62°37'49"north and longitude 122°57'38"west;
Thence northwesterly in a straight line to a point at latitude 62°39'18"north and longitude 123°01'05" west;
Thence northerly in a straight line to a point at latitude 62°42'48"north and longitude 123°02'31"west;
Thence southeasterly in a straight line to a point at latitude 62°39'53"north and longitude 122°54'44"west:
Thence northeasterly in a straight line to a point at latitude 62°42'09"north and longitude 122°49'00" west;
Thence southeasterly in a straight line to a point at latitude 62°41'24"north and longitude 122°40'15" west;
Thence southeasterly in a straight line to a point at latitude 62°39'15"north and longitude 122°34'55" west;
Thence easterly in a straight line to a point at latitude 62°38'59"northand longitude 122°23'47" west;
Thence northeasterly in a straight line to a point at latitude 62°40'16" north and longitude 122°10'10" west;
Thence southeasterly in a straight line to a point at latitude 62°38'33" north and longitude 122°02'30" west;
Thence southeasterly in a straight line to a point at latitude 62°35'18" north and longitude 121°55'22" west;
Thence southeasterly in a straight line to a point at latitude 62°31'58" north and longitude 121°50'44" west;
Thence easterly in a straight line to a point at latitude 62°32'07" north and longitude 121°45'28" west;
Thence northeasterly in a straight line to a point at latitude 62°40'04" north and longitude 121°31'51" west;
Thence easterly in a straight line to a point at latitude 62°40'27" north and longitude 121°23'42" west;
Thence southeasterly in a straight line to a point at latitude 62°40'17" north and longitude 121°15'15" west;
Thence southeasterly in a straight line to a point at latitude 62°39'06" north and longitude 121°07'29" west;
Thence southeasterly in a straight line to a point at latitude 62°37'14" north and longitude 121°01'40" west;
Thence northeasterly in a straight line to a point at latitude 62°40'11" north and longitude 120°53'10" west;
Thence northwesterly in a straight line to a point at latitude 62°50'27" north and longitude 121°09'30" west;
Thence northeasterly in a straight line to a point at latitude 62°53'05" north and longitude 120°58'28" west;
Thence northeasterly in a straight line to a point at latitude 62°54'30" north and longitude 120°41'24" west;
Thence southeasterly in a straight line to a point at latitude 62°39'15" north and longitude 120°23'37" west;
Thence easterly in a straight line to a point at latitude 62°39'02" north and longitude 120°12'33" west;
Thence southeasterly in a straight line to a point at latitude 62°34'26" north and longitude 119°56'46" west;
Thence northeasterly in a straight line to a point at latitude 62°35'37" north and longitude 119°39'22" west;
Thence southeasterly in a straight line to a point at latitude 62°31'26" north and longitude 119°06'21" west;
Thence southeasterly in a straight line to a point at latitude 62°26'26" north and longitude 118°47'04" west;
Thence southerly in a straight line to a point at latitude 62°11'59" north and longitude 118°47'14" west;
Thence southeasterly in a straight line to a point at latitude 62°08'05" north and longitude 118°32'54" west;
Thence southerly in a straight line to a point at latitude 62°02'43" north and longitude 118°32'29" west;
Thence southeasterly in a straight line to a point at latitude 62°00'34" north and longitude 118°29'44" west;
Thence northeasterly in a straight line to a point at latitude 62°02'48" north and longitude 117°38'06" west;
Thence northerly in a straight line to a point at latitude 62°13'37" north and longitude 117°39'02" west;
Thence northeasterly in a straight line to a point at latitude 62°14'57" north and longitude 117°27'52" west;
Thence southeasterly in a straight line to the point at latitude 62°06'00" north and longitude 117°15'00" west;
Thence southwesterly in a straight line to a point at latitude 61°27'00" north and longitude 117°55'21" west;
Thence southwesterly in a straight line to a point on the ordinary high water mark of the south shore of a first unnamed island in the Mackenzie River at longitude 117°57'00" west and approximately latitude 61°26'04" north;
Thence northwesterly along said ordinary high water mark to a point on the westerly shore of said first unnamed island at approximate latitude 61°26'17"north and approximate longitude 117°57'26" west;
Thence northwesterly in a straight line to a point on the ordinary high water mark of the south shore of a second unnamed island at approximate latitude 61°26' 22" north and approximate longitude 117°57'32" west;
Thence northwesterly along said ordinary high water mark to a point on the westerly shore of said second unnamed island at approximate latitude 61°26'58" north and approximate longitude 117°59'16" west;
Thence northwesterly in a straight line to a point on the ordinary high water mark of the right bank of the Mackenzie River at approximate latitude 61°27'08" north and approximate longitude 117°59'19" west;
Thence westerly along said ordinary high water mark, across the mouths of various tributaries, to a point on the westerly extremity of an unnamed peninsula at approximate latitude 61°28'23" north and approximate longitude 118°16'13" west;
Thence southwesterly in a straight line to the point of commencement;

Excluding therefrom the parcel of land described in Certificate of Title 52373 (Lot 9 Group 862 Plan 61560 C.L.S.R. LTO 1111) on file with the Land Registry Office, Government of the Northwest Territories in Yellowknife;
Said parcel containing approximately 14 218 square kilometres, more or less.

Including Rights in Respect of Waters in the area described

Mould Bay (currently AANDC Open Reserve) Originally Metereological Station. Classified as Waste site by Env. Canada Detailed description to be completed.
Fort Reliance Old weather station. PTN Lot 1, Fort Reliance

Fisheries and Oceans Canada (DFO)

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Hay River CCG Base Marine agency depot. The CCG complex is made up of the following: Lot 621 & Road; Group 814 Plan 0496 LTO (55496 CLSR) & Lots 648, 649 & 650 Group 814, Plan 0710 LTO (57316 CLSR). CCG (through TC) has title to the road under Certificate of Title # 28293 and title to Lot 649 under Certificate of Title #28496., File 85B/13-13.
Yellowknife Garage storage Legally described as Lot 11, Block A, Plan 3801 LTO (87476 CLSR ) and new Title is #57896
Yellowknife wharf wharf Legally described as Lot 10, Block A, Plan 3801 LTO (87476 CLSR ) with New title #57897
Yellowknife wharf wharf Part of Block A, Plan 70 LTO, Yellowknife, NWT. acceptance of offer Sales order #16682 F7
Tuktoyaktuk CCG Sub-Base sub base The whole of Lots Numbered 1 and 10, in Group 1455 CLSR 58805 LTO 987 near Tuktoyaktuk, NWT, as said Lots are shown on a plan of survey of record #58805 in the Canada Lands and Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office
Aklavik Wharf wharf Lot 385, CLSR 71198 Lot Plan 1915, at Aklavik, in the NWT; sand lot containing an area of 0.411 ha. Required for the Wharf Site.
Certificate of Titles No. 28577.
Aklavik Wharf wharf Lot 184, CLSR 57852 Lot Plan 792, at Aklavik, In the NWT; said Lot containing an approximate area of 0.5286ha Survey Shows Area AS.93 ACRE Converted to HA ITS.376. Required for the Wharf site.
Certificate of Title No. 28576
Fort Franklin wharf Lot 3 (water lot), Block 11, CLSR 70689 Lot Plan 1844, Fort Franklin, NWT, containing an area of 0.303ha. Required for a wharf site.
Certificate of Title No. 26349. Deed number 139747
Fort Franklin wharf Lot 5, Block 11, CLSR 71412 Plan 1951, Fort Franklin, NWT, containing an area of 0.190ha. Required for a wharf site.
Certificate of Title No. 26348. Deed number 139746
Fort Providence wharf The whole of Lots 201 and 202 (waterlot) CLSR 71200 LTO 1927 in the Settlement of Fort Providence in the NWT, as said lots are shown on a plan of survey of record number 71200 …COT#'s #26345 and 26344
Fort Resolution wharf Lot 20-3, Plan 385 LTO ( 52338 CLSR ) C of T # 3926 Dated Aug 24, 1966. Note: this title is for the access to the water lot.
Fort Simpson wharf Lot 502, CLSR 71201 Plan 1916, at Fort Simpson, NWT. Deed number 139749
Fort Simpson wharf Lot 169, CLSR 57922 Plan 804, Fort Simpson, NWT. Deed number 139748
Fort Smith (Bell Rock) wharf Water lot in front of Lot 50, at Fort Smith, NWT. OIC 1981-1737
Fort Smith (Bell Rock) wharf Pt. Lot 51, Plan 38702, Fort Smith, NWT.
Inuvik Wharf wharf The whole of Lot numbered 21 in Block 15 CLSR 71214 LTO 1925 in the Town of Inuvik in the NWT, as said lots are shown on a plan of survey of record number 71214.
Inuvik Wharf wharf The whole of Lot numbered 22 (water lot) in Block 15 CLSR 71214 LTO 1925 in the Town of Inuvik in the NWT, as said lots are shown on a plan of survey of record number 71214.

Freshwater Fish Marketing Corporation

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Hay River Employee Accommodation Located within the Town of Hay River, 20 Balsam Drive; Lot 553 -57; Group 814; Plan 917. Certificate of Title #8337; Registered in the Land Titles Office - Yellowknife, NWT (valuation: $160K)
Hay River Fish Plant Located within the Town of Hay River; 1 Birch Road; Lot 750, Plan 370. Certificate of Title 59267 (previous Title #6485)

Department of National Defence (DND)

LocationUsageDetailed Description: include: Federal Real Property Directory # if available>; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Evans Building, Yellowknife Military DFRP# 2061, Legally described as Lots A & B; Block 50 in the City of Yellowknife, as shown on plan of survey of record number 75649 (replaces old CLSR of 56379) in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 627, Certificate of Title #55888, Order-in-Council number: 1971-856; 1985-1986: Reference Commissioner Land Registration # Sl-012-80.
Float Aircraft Facility, Yellowknife Military DFRP# 20612, Legally described as Lots 4 & 5; Block B in the City of Yellowknife, Plan 70 and Water Lot 6 as shown on plan of survey of record number 82761 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 627, Certificate of Title #7217 and Certificate of Title #7216.
Cape Parry Water lot Barge Ferry Landing Water lot adjacent to Lot 1003, Quad 97F/1, as shown on plan of survey of record number 71928 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 2024.
Shingle Point Water lot Barge Ferry Landing Water lot adjacent to Lot 1000, Quad 117A/15, as shown on plan of survey of record number 90701 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 4025.
Bar-3, Tuktoyaktuk Military Legally described as Lot 1, Block 55 in Tuktoyaktuk, as shown on a plan of survey of record number 97282 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 4309.
Bar-3, Tuktoyaktuk Military Legally described as Lot 2, Block 55 in Tuktoyaktuk, as shown on a plan of survey of record number 97282 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office in Yellowknife under number 4309.

Natural Resources Canada

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Yellowknife Seismic Array site (surface only) Federal Real Property Act Document Depository under Locator 1999-01-20 #28.
In the Northwest Territories, near Yellowknife, all that parcel bounded by the straight lines which connect the following co-ordinated points successively, one to another in the order given:
PointCoordinates
  Metres Metres
A N. 6,928,875.61 E. 631,325,97
B N. 6,928,652.99 E. 625,330.10
C N. 6,927,054.09 E. 625,389.47
D N. 6,921,020.69 E. 624,490.09
E N. 6,920,225.37 E. 624,742.40
F N. 6.920,158.59 E. 622,943.64
G N. 6.926.953.91 E. 622,691.33
H N. 6,926,920.51 E. 621,791.93
I N. 6.930,218.24 E. 621,669.31
J N. 6.929,502.14 E. 602,382.79
K N. 6,931,300.90 E. 602,316.01
L N. 6,932,050.40 E. 622,502.11
M N. 6,947,040.08 E. 621,945.55
N N. 6,947,106.86 E. 623,144.31
O N. 6,932,117.18 E. 624,300.87
P N. 6,932,3 13.83 E. 629,591.22
Q N. 6,930,774.30 E. 631,255.48

The aforementioned co-ordinates are in metres, in accordance with the Universal Transverse Mercator System Zone 11, and are referenced to and are Intended to be consistent with the northerly boundary of Lot 1, Block 901 and the northerly boundary of Lot 1, Block 902 as shown on Plan 69954 CLSR. 1749 L.T.O. and Field Notes of Survey of portions of the boundaries of the Seismic Array Site as shown on 72650 CLSR , 72651 CLSR , and 72652 CLSR
Saving and Excepting thereout and therefrom:
Firstly, all those portions lying within lots 676 and 730, group 964, as said lots arc shown on plans 40263 and 40400, respectively, in the Canada Lands Surveys Records at Ottawa;
Secondly, all those portions lying within lots 868-1 and 868-2, as said lots are shown on a plan of survey of record number 56734 in said Records, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 678;
Thirdly, that portion lying within the Snare River Power Line right-of-way, as said right-of-way is shown on plan 42177 in said Records; and
Fourthly, Yellowknife Highway (No. 3): That existing highway 60.96 in width, commencing at its junction with the Mackenzie Highway (No. 1) approximately 104. 65 km west of Enterprise, thence northerly to the ferry landing on the south bank of the Mackenzie River, thence from the ferry landing on the north bank of the said river in a westerly and northerly direction to the bridge over Frank's Channel, thence southeasterly to the junction with the highway in the City of Yellowknife hitherto known as the Giant Mine Road, and now identified in Schedule C as the Ingraham Trail, being * distance of 344.5 km approximately.

The remainder containing forty-three square miles and three-tenths of a square mile more or less minus the area of the two lots described secondly above as being saved and excepted out and from this Transfer of Administration and Control.

The Minister of Natural Resources, pursuant to paragraph 6(l)(c) of the said regulations, hereby accepts The administration of the said real property

Yellowknife Sub surface of Seismic Array site described above Order in Council 1963-1194 August 14, 1963 withdrawal of subsurface of seismic Array lands In the Northwest Territories, in Group 964, near Yellowknife, all that parcel bounded by the straight lines which connect the following co-ordinated points successively, one to another in the order given (as described in above coordinates as noted for the surface lands under OIC 1999:01:20 #28 ).
Saving and Excepting thereout and therefrom all those portions lying within lots 676 and 730, group 964, as said lots are shown on plans 40263 and 40400 respectively, in the Canada Lands Surveys Records at Ottawa;
Also Saving and Excepting thereout and therefrom that portion lying within the Snare River Power Line right-or-way, as said right-of-way is shown on plan 42177 in said Records; the remainder containing forty-three square miles and three tenths of a square mile, more or less. OIC 1962-1235 Sept. 5, 1962 is hereby revoked
Yellowknife Seismic Array site (above) includes this parcel Lot #1018 /Quad 85J/8, CLSR # 70608, LTO #1826
Inuvik Satellite Station Lot #2, Block #101, CLSR #96387, LTO #4272
Inuvik Satellite Station Lot #4, Block #101, CLSR #98890, LTO# 4356, COT #72485
Yellowknife Site associated with Seismic Array Lot #730-2/ Group 964, CLSR #56734, LTO #678, OIC #1975-2073
Inuvik Satellite Station Lot #4, Block #101, CLSR #98890, LTO# 4356, COT #72485
Yellowknife Site associated with Seismic Array Lot #730-2/ Group 964, CLSR #56734, LTO #678, OIC #1975-2073

Parks Canada

LocationUsageDetailed Description: include: Federal Real Property Directory # if available; Canada Land Survey Records (CLSR) information - Group, Lot, Block, etc.; Certificate of Tile #; or Metes and Bounds description if not surveyed (detailed geographic description from sketch);
Wood Buffalo National Park, Fort Smith National Park DFRP #15841 Parcel 2 - Canada National Parks Act
- All those lands lying in the Northwest Territories shown on CLSR 40393, being a topographic map showing lands in both Alberta and Northwest Territories.
The following metes and bounds description is for both the Alberta and NWT portions (Parcel 2 is NWT portion only).
 

Wood Buffalo Description Cont'd..: NWT. There is no separate description for the NWT portion of WBNP: All and singular that certain parcel or tract of land lying and being partly in the Northwest Territories and partly in the Province of Alberta, and more particularly described, as follows:
Commencing at the intersection of the boundary between the Province of Alberta and the Northwest Territories as surveyed and shown on sheet five of the twenty map-sheets entitled "Boundary between Alberta and Northwest Territories", which map-sheets are on record as 42955 in the Canada Lands Surveys Records at Ottawa, with the centre of the main channel of Salt River;
Thence westerly along said boundary between the Province of Alberta and the Northwest Territories to its intersection with the centre of the main channel of Little Buffalo River;
Thence following downstream the centre of the main channel of the said Little Buffalo River to its junction with the centre of the main channel of Nyarling River;
Thence following upstream the centre of the main channel of the said Nyarling River to its intersection with the thirty-fourth (34) base line of the Dominion Lands Survey system, being the north boundary of township one hundred and thirty-two (132);
Thence westerly along the said thirty-fourth (34) base line to its intersection with the east boundary of range ten (10) west of the fifth (5) initial meridian of the Dominion Lands Survey system;
Thence southerly along the said east boundary of range ten (10) west of the said fifth (5) meridian to its intersection with the thirty-first (31) base line of the Dominion Lands Survey system, being the north boundary of township one hundred and twenty (120);
Thence easterly along the said thirty-first (31) base line to its intersection with the said fifth (5) meridian of the Dominion Lands Survey system;
Thence southerly along the said fifth (5) meridian to its intersection with the twenty-seventh (27) base line of the Dominion Lands Survey system, being the north boundary of township one hundred and four (104);
Thence easterly along the said twenty-seventh (27) base line to its intersection with the centre of the main channel of Athabaska River;
Thence following downstream the said centre of the main channel of Athabaska River to a point nearest the beginning or southern end of the main channel of Embarras River;
Thence in a direct line to the centre of the said main channel of Embarras River at its southern end;
Thence following downstream the centre of the main channel of the said Embarras River to its outlet into Lake Athabaska;
Thence westerly by a direct line to the nearest point on low water mark on the southerly or westerly shore of said Lake Athabaska;
Thence westerly and northerly following the said low water mark of the southerly and westerly shore of Lake Athabaska to a point nearest the beginning or southern end of the Thence easterly in a direct line of the centre of the said main channel of Rivière des Rochers at its southern end;
Thence following downstream the centre of the said main channel of Rivière des Rochers to a point nearest the centre of the main channel of Slave River;
Thence westerly in a direct line to the centre of the said main channel of Slave River;
Thence following downstream the said centre of the main channel of Slave River to its intersection with the thirty-second (32) base line of the Dominion Lands Survey system being the north boundary of township one hundred and twenty-four (124);
Thence westerly along the said thirty-second (32) base line to its intersection with the centre of the main channel of Salt River;
Thence following downstream the said centre of the main channel of Salt River to the point of commencement;
Excluding thereout and therefrom all islands in the Slave River within the above described boundary;
The whole containing by admeasurement an area of approximately 44 807 square kilometres, be the same more or less, and as the boundaries described herein are shown hachured in black upon the map of Wood Buffalo Park and which are subject to the "note" therein relating to the boundaries in certain rivers; which said map was issued by the Hydrographic and Map Service, Department of Mines and Resources at Ottawa in 1947, and whereof a copy is on record as 40393 in the Canada Lands Surveys Records at Ottawa;
Saving and excepting thereout and therefrom,
Firstly: all those lands lying within Peace Point Indian Reserve No. 222 as shown on Plan 71277 recorded in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office at Edmonton under number 882-0308, said reserve containing 5.18 square kilometres (518 hectares), more or less, together with all mines and minerals;
Secondly: in Township 124, Range 10, west of the 4th Meridian, all those portions comprising Lot 6 (part of Thebathi Indian Reserve No. 196) as shown on a plan of survey recorded in the Canada Lands Surveys Records in Ottawa under number 85625 and registered at the Land Titles Office in Edmonton under number 0126326, the lands containing 1.81 square kilometres (181 hectares), more or less, together with all mines and minerals;
Thirdly: in Theoretical Township 121, Range 9, west of the 4th Meridian, all those portions comprising the Exterior Boundaries of Survey of Eejeré K'elni Kue Indian Reserve No. 196I (Hay Camp Site) as shown on a plan of survey recorded in the Canada Lands Surveys Records in Ottawa under number 84988 and registered at the Land Titles Office in Edmonton under number 0123033, the lands containing 2.13 square kilometres (213 hectares), more or less, together with all mines and minerals;
Fourthly: in Theoretical Township 121, Range 14 and Theoretical Township 122, Ranges 13 and 14, west of the 4th Meridian, all those portions comprising the Exterior Boundaries of Survey of Tsu Nedehe Tue Indian Reserve No. 196H (Pine Lake Site) as shown on a plan of survey recorded in the Canada Lands Surveys Records in Ottawa under number 85626 and registered at the Land Titles Office in Edmonton under number 0126334, the lands containing 5.86 square kilometres (586 hectares), more or less, together with all mines and minerals.
The remainder containing about 44 792 square kilometres (4,479,200 hectares) main channel of the stream known as Rivière des Rochers;

Including Rights in Respect of Waters in the area described

Nahanni National Park Reserve (Nahanni NPR Expansion) National Park

DFRP #20901 - Canada National Parks Act - Metes and Bounds Description: In the Northwest Territories; All of Parts I, II and III containing an area of approximately 30 000 square kilometres described as follows

Nahanni National Park Reserve National Park
 

Nahanni Park Reserve and Expansion Detailed Site Location Cont'd.: Part I
Along the South Nahanni River:

All that parcel being more particularly described as follows, all topographic features hereinafter referred to being according to the first edition of The Twisted Mountain map sheet number 95 G/4 of the National Topographic System, produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa and according to the second editions of the Flat River, Virginia Falls and Sibbeston Lake map sheets and the first edition of the Glacier Lake Map sheet, numbers 95E, 95F, 95G and 95L respectively of the National Topographic System, produced at a scale of 1:250,000, by the Army Survey Establishment, R.C.E., at Ottawa:
at National Topographic Survey Monument 63-A-152 being a brass plug located on Yohin Ridge, at approximate latitude 61°12′07″ and approximate longitude 123°50′51″;
Thence southeasterly in a straight line to the more southwesterly of two peaks having an elevation of about 1432.6 metres, at approximate latitude 61°06′55″ and approximate longitude 123°44′55″;
Thence southeasterly in a straight line to a peak having an elevation of about 1005.8 metres, at approximate latitude 61°04′45″ and approximate longitude 123°42′20″;
Thence northeasterly in a straight line to latitude 61°05′45″ and longitude 123°39′00″;
Thence northerly in a straight line, across the South Nahanni River, to the summit of Twisted Mountain, at approximate latitude 61°12′30″ and approximate longitude 123°36′30″;
Thence northwesterly in a straight line to latitude 61°18′00″ and longitude 123°46′00″;
Thence westerly in a straight line to latitude 61°17′00″ and longitude 123°56′00″;
Thence northwesterly in a straight line to a peak at approximate latitude 61°24′00″ and approximate longitude 124°35′00″, said peak being approximately at the spot elevation 6,105 feet (1860.8 metres) shown on said Virginia Falls map sheet;
Thence westerly in a straight line to latitude 61°24′00″ and longitude 124°51′00″;
Thence northwesterly in a straight line to Army Survey Establishment Monument "Scrub", being a cairn at approximate latitude 61°37′20″ and approximate longitude 125°18′03″;
Thence northwesterly in a straight line to Army Survey Establishment Monument "Lock", being a cairn at approximate latitude 61°45′26″ and approximate longitude 125°43′41″;
Thence northwesterly in a straight line to Army Survey Establishment Monument "Next", being a cairn at approximate latitude 61°53′09″ and approximate longitude 126°14′11″;
Thence westerly in a straight line to Army Survey Establishment Monument "Dip", being a cairn at approximate latitude 61°54′39″ and approximate longitude 126°35′40″;
Thence northwesterly in a straight line to Army Survey Establishment Monument "Hop", being a cairn at approximate latitude 62°00′31″ and approximate longitude 126°57′27″;
Thence westerly in a straight line to Army Survey Establishment Monument "Flag", being a bronze bolt at approximate latitude 61°58′14″ and approximate longitude 127°23′31″;
Thence southerly in a straight line to Army Survey Establishment Monument "Skip", being a cairn at approximate latitude 61°54′43″ and approximate longitude 127°24′03″;
Thence southerly in a straight line to a peak at approximate latitude 61°50′00″ and approximate longitude 127°25′30″, the last aforesaid peak being approximately at the position indicated by the spot elevation 8,822 feet (2688.9 metres) shown on said Flat River map sheet;
Thence southwesterly in a straight line to a peak having an elevation of about 2438.4 metres, at approximate latitude 61°45′40″ and approximate longitude 127°30′00″, the last aforesaid peak being on the height of land forming the southwesterly limit of the watershed area of Hole-in-the-Wall Creek;
Thence in general southeasterly and easterly directions along the last aforesaid height of land to a peak at approximate latitude 61°45′30″ and approximate longitude 127°17′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 8,302 feet (2530.5 metres) shown on said Flat River map sheet;
Thence easterly in a straight line to a peak having an elevation of about 1524 metres, at approximate latitude 61°46′00″ and approximate longitude 127°06′40″;
Thence northerly in a straight line to a peak having an elevation of about 2286 metres, at approximate latitude 61°49′00″ and approximate longitude 127°05′00″;
Thence easterly in a straight line to Army Survey Establishment Monument "Don", being a cairn at approximate latitude 61°49′24″ and approximate longitude 126°59′17″, the last aforesaid Monument being approximately at the position indicated by the spot elevation 7,401 feet (2255.8 metres) shown on said Flat River map sheet;
Thence easterly in a straight line to Army Survey Establishment Monument "Cross", being a cairn at approximate latitude 61°50′26″ and approximate longitude 126°40′00″;
Thence southeasterly in a straight line to Army Survey Establishment Monument "Saddle", being a cairn at approximate latitude 61°46′08″ and approximate longitude 126°26′27″;
Thence southeasterly in a straight line to Army Survey Establishment Monument "Mesa", being a cairn at approximate latitude 61°42′34″ and approximate longitude 126°15′16″;
Thence southeasterly in a straight line to Army Survey Establishment Monument "Andy", being a cairn at approximate latitude 61°38′11″ and approximate longitude 126°10′52″, the last aforesaid Monument being approximately at the position indicated by the spot elevation 5,022 feet (1530.7 metres) shown on said Flat River map sheet;
Thence southwesterly in a straight line to a peak at approximate latitude 61°32′20″ and approximate longitude 126°42′40″, the last aforesaid peak being approximately at the position indicated by the spot elevation 6,687 feet (2038.2 metres) shown on said Flat River map sheet;
Thence southeasterly in a straight line to a peak having an elevation of about 1524 metres, at approximate latitude 61°21′30″ and approximate longitude 126°35′20″;
Thence northeasterly in a straight line to National Topographic Survey Monument 63-A-9, being a brass plug at approximate latitude 61°28′12″ and approximate longitude 126°18′39″;
Thence southeasterly in a straight line to a peak at approximate latitude 61°22′00″ and approximate longitude 125°49′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 4,511 feet (1375 metres) shown on said Virginia Falls map sheet;
Thence easterly in a straight line to a peak at approximate latitude 61°26′30″ and approximate longitude 125°21′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 4,497 feet (1370.7 metres) shown on said Virginia Falls map sheet;
Thence easterly in a straight line to Army Survey Establishment Monument "Nubby", being a cairn at approximate latitude 61°24′05″ and approximate longitude 125°04′19″;
Thence southeasterly in a straight line to National Topographic Survey Monument 63-A-107, being a brass plug at approximate latitude 61°16′38″ and approximate longitude 124°42′32″;
Thence southeasterly in a straight line to Army Survey Establishment Monument "Mary", being a cairn at approximate latitude 61°08′04″ and approximate longitude 124°34′02″;
Thence northeasterly in a straight line to latitude 61°16′00″ and longitude 124°09′00″;
Thence southeasterly in a straight line to latitude 61°13′00″ and longitude 124°00′00″;
Thence easterly in a straight line to the point of commencement; all co-ordinates described above being Geodetic, referred to the North American Datum of 1927; said parcel containing about 4766 square kilometres.

Including Rights in Respect of Waters in the area described

 

Nahanni Park Reserve and Expansion Detailed Site Location Part II
Commencing at a point on a southerly boundary of the Sahtu Settlement Area (as described in the Sahtu Dene and Metis Comprehensive Land Claim Agreement, Volume 1, Appendix "A") at longitude 127°23′09″ West and approximate latitude 62°37′00″ North;
Thence southeasterly in a straight line to a point at latitude 62°31′09″ North and longitude 127°12′ 31″ West;
Thence southeasterly in a straight line to a point at latitude 62°24′18″ North and longitude 127°06′50″ West;
Thence southwesterly in a straight line to a point at latitude 62°17′20″ North and longitude 127°11′41″ West;
Thence southeasterly in a straight line to a point at latitude 62°16′22″ North and longitude 127°08′56″ West;
Thence northeasterly in a straight line to a point at latitude 62°18′20″ North and longitude 127°06′07″ West;
Thence southeasterly in a straight line to a point at latitude 62°14′38″ North and longitude 126°53′09″ West;
Thence northeasterly in a straight line to a point at latitude 62°15′10″ North and longitude 126°47′11″ West;
Thence southerly in a straight line to a point at latitude 62°13′38″ North and longitude 126°47′06″ West;
Thence easterly in a straight line to a point at latitude 62°13′39″ North and longitude 126°45′28″ West;
Thence northeasterly in a straight line to a point at latitude 62°16′19″ North and longitude 126°43′33″ West;
Thence northeasterly in a straight line to a point at latitude 62°17′02″ North and longitude 126°41′23″ West;
Thence northwesterly in a straight line to a point at latitude 62°18′21″ North and longitude 126°42′29″ West;
Thence northeasterly in a straight line to a point at latitude 62°18′45″ North and longitude 126°41′00″ West;
Thence southeasterly in a straight line to a point at latitude 62°18′14″ North and longitude 126°39′57″ West;
Thence northeasterly in a straight line to a point at latitude 62°18′52″ North and longitude 126°34′21″ West;
Thence southeasterly in a straight line to a point at latitude 62°17′50″ North and longitude 126°27′16″ West;
Thence northeasterly in a straight line to a point at latitude 62°18′07″ North and longitude 126°23′27″ West;
Thence southerly in a straight line to a point at latitude 62°15′32″ North and longitude 126°24′12″ West;
Thence southeasterly in a straight line to a point at latitude 62°14′24″ North and longitude 126°21′06″ West;
Thence easterly in a straight line to a point at latitude 62°14′31″ North and longitude 126°18′52″ West;
Thence southeasterly in a straight line to a point at latitude 62°11′31″ North and longitude 126°13′02″ West;
Thence northeasterly in a straight line to a point at latitude 62°12′01″ North and longitude 126°04′48″ West;
Thence southeasterly in a straight line to a point at latitude 62°10′37″ North and longitude 126°03′11″ West;
Thence easterly in a straight line to a point at latitude 62°10′44″ North and longitude 125°59′05″ West;
Thence southeasterly in a straight line to a point at latitude 62°09′40″ North and longitude 125°53′52″ West;
Thence northeasterly in a straight line to a point at latitude 62°10′52″ North and longitude 125°46′43″ West;
Thence southeasterly in a straight line to a point at latitude 62°08′55″ North and longitude 125°41′41″ West;
Thence southerly in a straight line to a point at latitude 62°07′01″ North and longitude 125°42′17″ West;
Thence easterly in a straight line to a point at latitude 62°06′48″ North and longitude 125°31′41″ West;
Thence southeasterly in a straight line to a point at latitude 62°02′36″ North and longitude 125°04′24″ West;
Thence southerly in a straight line to a point at latitude 62°00′49″ North and longitude 125°05′01″ West;
Thence southeasterly in a straight line to a point at latitude 61°58′45″ North and longitude 125°02′37″ West;
Thence southeasterly in a straight line to a point at latitude 61°55′32″ North and longitude 124°59′08″ West;
Thence easterly in a straight line to a point at latitude 61°55′24″ North and longitude 124°54′35″ West;
Thence northwesterly in a straight line to a point at latitude 61°58′14″ North and longitude 124°55′03″ West;
Thence northeasterly in a straight line to a point at latitude 62°00′07″ North and longitude 124°49′46″ West;
Thence southeasterly in a straight line to a point at latitude 61°59′53″ North and longitude 124°47′14″ West;
Thence southeasterly in a straight line to a point at latitude 61°58′39″ North and longitude 124°46′10″ West;
Thence northeasterly in a straight line to a point at latitude 62°00′45″ North and longitude 124°39′48″ West;
Thence southeasterly in a straight line to a point at latitude 61°59′22″ North and longitude 124°38′05″ West;
Thence northeasterly in a straight line to a point at latitude 62°00′26″ North and longitude 124°33′00″ West;
Thence easterly in a straight line to a point at latitude 62°00′38″ North and longitude 124°20′20″ West;
Thence northeasterly in a straight line to a point at latitude 62°01′24″ North and longitude 124°17′19″ West;
Thence southeasterly in a straight line to a point at latitude 62°00′58″ North and longitude 124°13′44″ West;
Thence northeasterly in a straight line to a point at latitude 62°01′30″ North and longitude 124°11′24″ West;
Thence northeasterly in a straight line to a point at latitude 62°04′23″ North and longitude 124°06′41″ West;
Thence southeasterly in a straight line to a point at latitude 62°01′26″ North and longitude 124°04′20″ West;
Thence southeasterly in a straight line to a point at latitude 61°53′51″ North and longitude 123°56′28″ West;
Thence southeasterly in a straight line to a point at latitude 61°49′36″ North and longitude 123°52′37″ West;
Thence southeasterly in a straight line to a point at latitude 61°43′59″ North and longitude 123°35′04″ West;
Thence southerly in a straight line to a point at latitude 61°27′05″ North and longitude 123°36′23″ West;
Thence southeasterly in a straight line to a point at latitude 61°20′26″ North and longitude 123°33′01″ West;
Thence southeasterly in a straight line to a point at latitude 61°15′49″ North and longitude 123°32′19″ West;
Thence southwesterly in a straight line to a point on the boundary of the parcel described in Part I, at latitude 61°13′41″ North and approximate longitude 123°38′34″ West;
Thence southeasterly and southwesterly along the Part I parcel boundary to the most southerly corner of the parcel described in Part I, described as "a peak having an elevation of about 1005.8 metres" at approximate latitude 61°04′44″ North and approximate longitude 123°42′26″ West;
Thence northwesterly in a straight line to a point at latitude 61°05′42″ North and longitude 123°46′52″ West;
Thence southwesterly in a straight line to a point at latitude 61°03′29″ North and longitude 123°52′16″ West;
Thence southwesterly in a straight line to a point at latitude 61°00′29″ North and longitude 123°56′42″ West;
Thence southwesterly in a straight line to a point at latitude 60°56′06″ North and longitude 124°01′12″ West;
Thence southerly in a straight line to a point at latitude 60°53′26″ North and longitude 124°01′16″ West;
Thence northwesterly in a straight line to a point at latitude 60°54′22″ North and longitude 124°13′08″ West;
Thence northwesterly in a straight line to a point at latitude 60°55′16″ North and longitude 124°17′53″ West;
Thence northwesterly in a straight line to a point at latitude 60°56′31″ North and longitude 124°21′40″ West;
Thence westerly in a straight line to a point at latitude 60°56′28″ North and longitude 124°24′00″ West;
Thence southwesterly in a straight line to a point at latitude 60°54′47″ North and longitude 124°26′31″ West;
Thence southwesterly in a straight line to a point at latitude 60°52′37″ North and longitude 124°27′43″ West;
Thence southwesterly in a straight line to a point at latitude 60°50′28″ North and longitude 124°28′08″ West;
Thence westerly in a straight line to a point on the Yukon/Northwest Territories Boundary at latitude 60°50′48″ North and approximate longitude 124°32′24″ West;
Thence northerly, westerly and northwesterly along the Yukon/Northwest Territories Boundary to its intersection with latitude 61°17′50″ North at approximate longitude 127°03′10″ West;
Thence northeasterly in a straight line to a point at latitude 61°19′01″ North and longitude 126°59′17″ West;
Thence northeasterly in a straight line to a point at latitude 61°20′13″ North and longitude 126°56′10″ West;
Thence northeasterly in a straight line to a point at latitude 61°21′18″ North and longitude 126°55′44″ West;
Thence northerly in a straight line to a point at latitude 61°22′34″ North and longitude 126°55′55″ West;
Thence northwesterly in a straight line to a point at latitude 61°23′31″ North and longitude 126°56′24″ West;
Thence northwesterly in a straight line to a point at latitude 61°24′43″ North and longitude 126°57′22″ West;
Thence northerly in a straight line to a point at latitude 61°25′41″ North and longitude 126°57′40″ West;
Thence northwesterly in a straight line to a point at latitude 61°27′25″ North and longitude 126°59′06″ West;
Thence northwesterly in a straight line to a point at latitude 61°28′41″ North and longitude 127°01′30″ West;
Thence northwesterly in a straight line to a point at latitude 61°30′29″ North and longitude 127°04′05″ West;
Thence northwesterly in a straight line to a point at latitude 61°31′34″ North and longitude 127°06′32″ West;
Thence northwesterly in a straight line to a point at latitude 61°32′31″ North and longitude 127°09′00″ West;
Thence northerly in a straight line to a point on the southerly bank of the Flat River at longitude 127°09′00″ West and approximate latitude 61°32′50″ North;
Thence westerly and northerly along the southerly bank of said river to its intersection with longitude 127°41′53″ West, at approximate latitude 61°43′32″ North;
Thence northerly in a straight line to a point at latitude 61°44′24″ North and longitude 127°42′18″ West;
Thence northeasterly in a straight line to a point at latitude 61°45′32″ North and longitude 127°41′31″ West;
Thence northwesterly in a straight line to a point at latitude 61°47′49″ North and longitude 127°42′22″ West;

Including Rights in Respect of Waters in the area described

Naatsi'hch'oh National Park Reserve Order–in–Council P.C. 2012-411 Withdrawal from disposal of certain tracts of Territorial Lands in the Northwest Territories (Nats'ihch'oh National Park Reserve) Sahtu Settlement Area
 

Naats'ihch'oh National Park Reserve - Sahtu Settlement Area
(Description to Follow)

Including Rights in Respect of Waters in the area described

Grizzly Bear Mountain (Saoyú-ʔehdacho National Historic Site) Historic Site DFRP #17241 - National Historic Sites of Canada Order C.R.C., c 1112 - Canada National Parks Act
Scented Grass Hills (Saoyú-ʔehdacho National Historic Site) Historic Site
 

Detailed Site Location Cont'd.: Metes and Bounds Description:

Firstly,
All that parcel of land commencing at boundary monument 75L1000 on Lot 1000, Quad 96 G/15 at approximate latitude 66°05′45″N and approximate longitude 122°46′06″W;
Thence northerly and northwesterly along that lot boundary to the ordinary high-water mark of Mackintosh Bay of Great Bear Lake at approximate latitude 66°08′17″N and approximate longitude 123°00′12″W;
Thence generally northerly, easterly, southerly and westerly along the ordinary high-water mark of Mackintosh Bay, Smith Arm, Douglas Bay and Deerpass Bay of Great Bear Lake to a point of intersection with the boundary of Lot 1000, Quad 96 G/15 at approximate latitude 65°59′45″N and approximate longitude 122°27′47″W;
Thence generally northerly and westerly along that lot boundary to boundary monument 72L1000;
Thence continuing along that lot boundary through boundary monuments 73L1000 and 74L1000 to the point of commencement;
That parcel containing approximately 1 975 square kilometres (763 square miles).
All coordinates referred to being according to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 Universal Transverse Mercator (UTM) projection plane surface.
All topographic features referred to being according to Edition 4 of the Cape MacDonnel National Topographic System (NTS) map sheet number 96 I, produced at a scale of 1:250 000; Edition 3 of the Kilekale Lake NTS map sheet number 96 J, produced at a scale of 1:250 000; Edition 2 of the Fort Franklin NTS map sheet number 96 G, produced at a scale of 1:250 000; Edition 3 of the Grizzly Bear Mountain NTS map sheet number 96 H, produced at a scale of 1:250 000.
All boundary monuments and the boundary of Lot 1000, Quad 96 G/15 referred to being according to Plan 90772 Canada Lands Survey Records ( CLSR )/4033 Northwest Territories Land Titles Office (LTO).

Secondly,
All that parcel of land commencing at boundary monument 7L1000 on the north boundary of Lot 1000, Quad 96 A/12 at approximate latitude 65°00′00″N and approximate longitude 121°29′21″W;
Thence westerly along that lot boundary to its point of intersection with the ordinary high-water mark of Keith Arm of Great Bear Lake at approximate latitude 65°00′24″N and approximate longitude 121°48′12″W;
Thence northerly, northeasterly, easterly, southwesterly and southerly along the ordinary high-water mark of Keith Arm and McVicar Arm of Great Bear Lake to its intersection with the north boundary of Lot 1000, Quad 96 A/12 at approximate latitude 65°01′19″N and approximate longitude 120°58′54″W;
Thence continuing along the north boundary of that lot to the point of commencement;
Excepting the surface of lots 1000 and 1001, Quad 96 H/4, Plan 81116 CLSR /3177 LTO and lots 1001 and 1002, Quad 96 H/3, Plan 81120 CLSR /3138 LTO.
That parcel containing approximately 2 475 square kilometres (956 square miles).

All coordinates referred to being according to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 Universal Transverse Mercator (UTM) projection plane surface.
All topographic features referred to being according to Edition 3 of the Grizzly Bear Mountain National Topographic System (NTS) map sheet number 96 H, produced at a scale of 1:250 000.
All boundary monuments and the boundary of Lot 1000, Quad 96 A/12 referred to being according to Plan 81115 Canada Lands Survey Records ( CLSR )/3190 Northwest Territories Land Titles Office (LTO).

Including Rights in Respect of Waters in the area described

Aulavik National Park, Sachs Harbour DFRP #56527 - Canada National Parks Act - Metes and Bounds Description: In the Northwest Territories On Banks Island;
 

Detailed Description Cont'd.:
All that parcel being more particularly described as follows; all topographic features hereinafter referred to being according to the First Edition of the Cape M'Clure map sheet, and the Second Edition of the Mercy Bay, White Sand Creek, Deans Dundas Bay, Jesse Harbour and Bernard River map sheets, 98E, 88F, 88C, 88B, 98A and 98D and C of the National Topographic System, produced at a scale of 1:250,000 by the Department of Energy, Mines and Resources at Ottawa (map sheets 98E, 88B and 88C being produced by the Army Survey Establishment, R.C.E.). All co-ordinates are derived from the above mentioned map sheet series being referred to the North American Datum of 1927.
Commencing at a point on the ordinary low water mark of M'Clure Strait at the mouth of an unnamed creek at approximate latitude 74°16′37″ north and approximate longitude 117°58′44″ west;
Thence southeasterly in a straight line an approximate distance of 28 kilometres to a point at latitude 74°02′51″ north and longitude 117°38′20″ west;
Thence southerly in a straight line an approximate distance of 24 kilometres to a point at latitude 73°50′00″ north and longitude 117°38′00″ west;
Thence west in a straight line an approximate distance of 11 kilometres to a point at latitude 73°50′00″ north and longitude 118°00′00″ west;
Thence south in a straight line an approximate distance of 48 kilometres to a point at latitude 73°24′00″ north and longitude 118°00′00″ west;
Thence southwesterly in a straight line an approximate distance of 23 kilometres to a point at latitude 73°16′00″ north and longitude 118°32′00″ west;
Thence west in a straight line an approximate distance of 21 kilometres to a point at latitude 73°16′00″ north and longitude 119°12′00″ west;
Thence south in a straight line an approximate distance of 35 kilometres to a point at latitude 72°57′00″ north and longitude 119°12′00″ west;
Thence west in a straight line an approximate distance of 32 kilometres to a point at latitude 72°57′00″ north and longitude 120°10′00″ west;
Thence north in a straight line an approximate distance of 47 kilometres to a point at latitude 73°22′00″ north and longitude 120°10′00″ west;
Thence northwesterly in a straight line an approximate distance of 30 kilometres to a point at latitude 73°30′00″ north and longitude 121°00′00″ west;
Thence north in a straight line an approximate distance of 6 kilometres to a point at latitude 73°33′00″ north and longitude 121°00′00″ west;
Thence west in a straight line an approximate distance of 8 kilometres to a point at latitude 73°33′00″ north and longitude 121°15′00″ west;
Thence north in a straight line an approximate distance of 4 kilometres to a point at latitude 73°35′00″ north and longitude 121°15′00″ west;
Thence west in a straight line an approximate distance of 10 kilometres to a point at latitude 73°35′00″ north and longitude 121°35′00″ west;
Thence north in a straight line an approximate distance of 13 kilometres to a point at latitude 73°42′00″ north and longitude 121°35′00″ west;
Thence east in a straight line an approximate distance of 11 kilometres to a point at latitude 73°42′00″ north and longitude 121°14′00″ west;
Thence north in a straight line an approximate distance of 86 kilometres to a point at latitude 74°28′00″ north and longitude 121°14′00″ west;
Thence northeasterly in a straight line an approximate distance of 6 kilometres to the point of intersection of the ordinary low water mark on the south side of M'Clure Strait with latitude 74°29′00″ north at approximate longitude 121°02′56″ west;
Thence southeasterly following the ordinary low water mark of the south side of M'Clure Strait to the western end of the sand or gravel bar located at the mouth of Castel Bay, at approximate latitude 74°14′29″ north and approximate longitude 119°40′00″ west;
Thence easterly along the northerly side of said sand or gravel bar extending across the mouth of Castel Bay and the ordinary low water mark of M'Clure Strait to the most northerly tip of Mahogany Point;
Thence easterly, southerly, easterly, northerly and northeasterly following the ordinary low water mark of the south side of M'Clure Strait and the westerly, southerly and easterly sides of Mercy Bay and the said south side of M'Clure Strait to the point of commencement.
Containing approximately 12 200 square kilometres.

Including Rights in Respect of Waters in the area described

Tuktut Nogait National Park, Paulatuk National Park DFRP #56528 - Canada National Parks Act - Metes and Bounds Description: In the Northwest Territories; In the Inuvialuit Settlement Region;
 

Tuktut Detailed Description cont'd.: All that parcel being more particularly described as follows: (Geographic coordinates are North American Datum of 1927):
Commencing at a point being the intersection of the shoreline of Amundsen Gulf and the mouth of the Outwash River at approximate latitude 69°33′ north and approximate longitude 120°40′51″ west, the said point being a corner of the Inuvialuit Settlement Region as described in Annex A-1 of the Agreement referred to in the Western Arctic (Inuvialuit) Claims Settlement Act (S.C. 1984, c. 24);
Thence south in a straight line along the limit of the Inuvialuit Settlement Region to a point at latitude 68°00′ north and approximate longitude 120°40′51″ west (said point being a corner of the Inuvialuit Settlement Region);
Thence west along latitude 68°00′ north, also being the limit of the Inuvialuit Settlement Region, to its intersection with longitude 122°05′ west;
Thence northwesterly in a straight line to a point having a latitude of 68°30′ north and longitude 123°20′ west;
Thence north along longitude 123°20′ west to its intersection with the surveyed boundary of the Paulatuk 7(1)(b) lands at approximate latitude 69°00′ north;
Thence easterly along the surveyed boundary of the Paulatuk lands to the surveyed corner at approximate latitude 69°00′ north and approximate longitude 123°10′ west;
Thence northerly along the surveyed boundary of the Paulatuk 7(1)(b) and 7(1)(a) lands to the surveyed corner of the 7(1)(b) lands at approximate latitude 69°19′ north and approximate longitude 123°10′ west;
Thence easterly, northerly, northeasterly, easterly and southeasterly along the surveyed boundary of Paulatuk 7(1)(b) lands to its intersection with the middle thread of the Outwash River at approximate latitude 69°27′46″ north and approximate longitude 120°51′51″ west;
Thence northerly and easterly along the middle thread of the Outwash River to the point of commencement. Said parcel containing about 16 340 square kilometres.

Including Rights in Respect of Waters in the area described

Pingo Canadian Landmark, South of Tuktoyaktuk Historic Site

DFRP #06997 - National Historic Sites of Canada Order C.R.C., c 1112 - Canada National Parks Act
Metes and Boundes Description: In the MacKenzie Delta, all that parcel of land including lands covered by water shown as Pingo Canadian Landmark Site on a plan of survey of record number 71851 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office at Yellowknife under number 2002.

Including Rights in Respect of Waters in the area described

Fort Smith Staff Housing

DFRP #18084 - Certificate of Title No. 28886 - Lot 1003, in Fort Smith as shown on a plan of survey of record number 64795 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office at Yellowknife under number 1260 (1 Winter Street)

Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52143. Lot 461, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 6 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52144. Lot 462, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 4 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52145. Lot 463, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 6 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52104. Lot 464, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 6 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52105. Lot 465, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 6 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10085 - Certificate of Title No. 52106. Lot 466, in Fort Smith as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (WBNP Operations Compound Highway buffer strip, 6 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #20206 - Certificate of Title No. 71386, Lot 497, in Fort Smith, as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (33 York Cres)
Fort Smith Asset Maintenance Compound DFRP #20206 - Certificate of Title No. 71387, Lot 498 in Fort Smith, as shown on a plan of survey of record number 50359 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Ottawa under number 235 (7 Raven Street)
Fort Smith Asset Maintenance Compound DFRP #10088 - Certificate of Title No. 51579, Lot 811, in Fort Smith as shown on a plan of survey of record number 55705 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office at Yellowknife under number 550
Fort Smith Operation Building (storage) DFRP #05471 - Lot 923, in the Town of Fort Smith, as shown on a plan of survey of record number 58551 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office at Yellowknife under number 884 (Group #765) OIC #1992-1913
Fort Simpson Office and garage in Fort Simpson DFRP #23011 - Schedule - Land: The whole of lot 14-2 in the Settlement of Fort Simpson in the Northwest Territories, as said lot as shown on a plan of survey of record Number 57511 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under Number 739. Excepting thereout all mines and minerals. (1002-100 Street, Fort Simpson)

Public Works and Government Services Canada

DFRP #LocationStreet Address & Legal DescriptionCanada Land Survey Record NumberCertificate of Title YK Land Titles Office Title number(s)Order-in–Council (OIC)
20790 Fort Simpson GOCB - 9606 100 Street; Lot 542, Plan 2679 78194 39154 1968-1232
20794 Fort Simpson 10110 99 Avenue; Unit 712; Lot 159, Plan 613 56150 7335  
20795 Fort Simpson 9829 102 Street; Unit 713; Lot 147, Plan 613 56150 7335  
20796 Fort Simpson 9810 101 Street; Lot 143, Plan 613 56150 7335  
20797 Fort Simpson 9818 101 Street; Unit 714; Lot 145, Plan 613 56150 7335  
20811 Fort Simpson 9817 101 Street; Unit 734; Lot 136, Plan 613 56150 8449  
53676 Fort Simpson 9602 102 Street; Lot 522, Plan 2979 78530 41989 1971-406
53677 Fort Simpson 9606 102 Street; Lot 523, Plan 2979 78530 41990 1971-406
53678 Fort Simpson 9610 102 Street; Lot 524, Plan 2979 78530 41991 1971-406
53679 Fort Simpson 9614 102 Street; Lot 525, Plan 2979 78530 41992 1971-406
53680 Fort Simpson 9618 102 Street; Lot 526, Plan 2979 78530 41993 1971-406
53681 Fort Simpson Lot 527, Plan 2979 78530 41994 1971-406
53682 Fort Simpson Lot 528, Plan 2979 78530 41995 1971-406
53684 Fort Simpson 9601 102 Street; Lot 530, Plan 2979 78530 41997 1971-406
53685 Fort Simpson 9609 102 Street; Lot 531, Plan 2979 78530 41998 1971-406
53686 Fort Simpson 9617 102 Street; Lot 532, Plan 2979 78530 41999 1971-406
53687 Fort Simpson 9701 102 Street; Lot 533, Plan 2979 78530 42000 1971-406
53689 Fort Simpson 9801A & 9801B 102 Street; Lots 535 and 536, Plan 2979 78530 42002 & 42003 1971-406
53690 Fort Simpson 9708 101 Street; Lot 539, Plan 2979 78530 42006 1971-406
53691 Fort Simpson 9701A & 9701B 101 Street; Lots 538 and 537, Plan 2979 78530 42004 & 42005 1971-406
53692 Fort Simpson 9709A & 9709B 101 Street; Lots 540 and 541, Plan 2979 78530 42007 & 42008 1971-406
20421 Fort Smith 41 Pine Crescent; Lot 264, Plan 207 43410 24177  
20423 Fort Smith 13 McDougal Road; Lot 285, Plan 207 43410 32639  
20424 Fort Smith 15 McDougal Road; Lot 286, Plan 207 43410 32640  
20425 Fort Smith 18 McDougal Road; Lot 336, Plan 207 43410 32642  
20427 Fort Smith 14 McDougal Road; Lot 338, Plan 207 43410 32643  
20430 Fort Smith 3 Poppy Crescent; Lot 364, Plan 207 43410 32646  
20431 Fort Smith 26 Polar Crescent; Lot 390, Plan 207 43410 32647  
20432 Fort Smith 32 Polar Crescent; Lot 392, Plan 207 43410 32648  
20434 Fort Smith 34 Polar Crescent; Lot 393, Plan 207 43410 32649  
20435 Fort Smith 40 Polar Crescent; Lot 396, Plan 207 43410 32651  
20436 Fort Smith 30 McDougal Road; Lot 330, Plan 207 43410 32641  
20437 Fort Smith 27 Poppy Crescent; Lot 352, Plan 207 43410 32645  
26251 Fort Smith 26 McDougal Road; Lot 332, Plan 207 43410 34164 TAA
31402 Fort Smith GOCB - 149 McDougal Road; Lots 812, 813, 814 & 815, Plan 550 55705 16751, 16752, 16753 & 16754 1984-1448
20496 Hay River GOCB - 10 Capital Crescent; Lot 769, Plan 397 52725 3887  
20500 Hay River 91 Woodland Drive; Lot 788, Plan 397 52725 35733  
20503 Hay River 5 Harcourt Place; Lot 857, Plan 397 52725 35737  
20506 Hay River 3 Menzie Place; Lot 569-39, Plan 615 (0746 LTO) 56247 31885  
20522 Hay River 10 Malcolm Crescent; Lot 325, Plan 360 51975 41046 TAA
20525 Hay River 4 Stewart Drive; Lot 896, Plan 830 58222 31918  
20526 Hay River 89 McBryan Drive; Lot 913, Plan 830 58222 31921  
20527 Hay River 103 McBryan Drive; Lot 920, Plan 830 58222 31922  
20531 Hay River 5 Stewart Drive; Lot 989, Plan 830 58222 31923  
20532 Hay River 54 McBryan Drive; Lot 909, Plan 830 58222 31920  
20539 Hay River 10 Stewart Drive; Lot 899, Plan 830 58222 45861  
20540 Hay River 109 McBryan Drive; Lot 923, Plan 830 58222 45862  
20541 Hay River 18 Stewart Drive; Lot 925, Plan 830 58222 45863  
20542 Hay River 22 Stewart Drive; Lot 927, Plan 830 58222 45864  
20543 Hay River 26 Stewart Drive; Lot 929, Plan 830 58222 45865  
20544 Hay River 30 Stewart Drive; Lot 931, Plan 830 58222 45866  
20546 Hay River 11 Morin Place; Lot 948, Plan 830 58222 45868  
20554 Hay River 1 Mansel Place; Lot 978, Plan 830 58222 45875  
26263 Hay River 2 Menzie Place; Lot 569-40, Plan 615 (0746 LTO) 56247 31886  
26264 Hay River 42 McBryan Drive; Lot 569-41, Plan 615 (0746 LTO) 56247 31887  
26265 Hay River 93 Woodland Drive; Lot 789, Plan 397 52725 35734  
21027 Inuvik Smith Apartments - 25 Bompas Road; Lots 1 and 2, Block 25, Plan 228 50111 41732 & 41732a  
21028 Inuvik GOCB - 187 Mackenzie Road; Lot 45, Block 28, Plan 2878 78775 51196  
21033 Inuvik 3 Alder Drive; Lot 45, Block 46, Plan 564 55799 28347  
21034 Inuvik 5 Alder Drive; Lot 46, Block 46, Plan 564 55799 28348  
21035 Inuvik 7 Alder Drive; Lot 47, Block 46, Plan 564 55799 28349  
21036 Inuvik 9 Alder Drive; Lot 48, Block 46, Plan 564 55799 28350  
21048 Inuvik 46 Centennial Street; Lot 20, Block 46, Plan 564 55799 28339  
21049 Inuvik 40 Centennial Street; Lot 23, Block 46, Plan 564 55799 28340  
21061 Inuvik 23 and 25 Alder Drive; Lot 52, Block 46, Plan 564 55799 49900  
21065 Inuvik 66 to 68 Alder Drive; Lot 7, Block 47, Plan 564 55799 49902  
21067 Inuvik 56 and 58 Alder Drive; Lot 10, Block 47, Plan 564 55799 49905  
21070 Inuvik 44 and 46 Alder Drive; Lot 13, Block 47, Plan 564 55799 49908  
21073 Inuvik 32 and 34 Alder Drive; Lot 16, Block 47, Plan 564 55799 49911  
21078 Inuvik 41 Alder Drive; Lot 58, Block 46, Plan 564 55799 28351  
21079 Inuvik 49 Alder Drive; Lot 62, Block 46, Plan 564 55799 28352  
21083 Inuvik 17 Franklin Road; Lot 24-1, Block 19, Plan 1158 59750 21535  
21095 Inuvik 4 River Service Road; Lots 37 & 38, Block 28, Plan 326 51687 34170 & 34171  
26274 Inuvik Nanuk Place; Lot 16, Block 25, Plan 228 50111 34173  
26275 Inuvik 7 Nanuk Place; Lot 19, Block 25, Plan 228 50111 34175  
26277 Inuvik 15 Nanuk Place; Lot 23, Block 25, Plan 228 50111 34176  
26278 Inuvik 28 Natala Drive; Lot 25, Block 25, Plan 228 50111 34177  
26279 Inuvik 22 Natala Drive; Lot 28, Block 25, Plan 228 50111 34178  
26280 Inuvik 20 Natala Drive; Lot 29, Block 25, Plan 228 50111 34179  
26283 Inuvik 221 Mackenzie Road; Lot 3, Block 27, Plan 228 50111 34180  
26285 Inuvik 225 Mackenzie Road.; Lot 5, Block 27, Plan 228 50111 34182  
26287 Inuvik 4 Camsell Place; Lot 7, Block 27, Plan 228 50111 34183  
26288 Inuvik 18 Camsell Place; Lot 14, Block 27, Plan 228 50111 34184  
26290 Inuvik 26 Camsell Place; Lot 18, Block 27, Plan 228 50111 34186  
26292 Inuvik 30 Camsell Place; Lot 20, Block 27, Plan 228 50111 34187  
26293 Inuvik 32 Camsell Place; Lot 21, Block 27, Plan 228 50111 34188  
26294 Inuvik 34 Camsell Place; Lot 22, Block 27, Plan 228 50111 34189  
26295 Inuvik 38 Camsell Place; Lot 24, Block 27, Plan 228 50111 34190  
26298 Inuvik 49 Spruce Hill Drive; Lot 28, Block 27, Plan 228 50111 34191  
26300 Inuvik 45 Spruce Hill Drive; Lot 30, Block 27, Plan 228 50111 34192  
26301 Inuvik 43 Spruce Hill Drive; Lot 31, Block 27, Plan 228 50111 34193  
26302 Inuvik 39 Spruce Hill Drive; Lot 33, Block 27, Plan 228 50111 34194  
26303 Inuvik 35 Spruce Hill Drive; Lot 35, Block 27, Plan 228 50111 34195  
26304 Inuvik 33 Spruce Hill Drive; Lot 36, Block 27, Plan 228 50111 34196  
26305 Inuvik 31 Spruce Hill Drive; Lot 37, Block 27, Plan 228 50111 34197  
26307 Inuvik 25 Spruce Hill Drive; Lot 40, Block 27, Plan 228 50111 34174  
26308 Inuvik 23 Spruce Hill Drive; Lot 41, Block 27, Plan 228 50111 34198  
26309 Inuvik 21 Spruce Hill Drive; Lot 42, Block 27, Plan 228 50111 34199  
26310 Inuvik 7 Spruce Hill Drive; Lot 45, Block 27, Plan 228 50111 34200  
26311 Inuvik 5 Spruce Hill Drive; Lot 46, Block 27, Plan 228 50111 34201  
26314 Inuvik 14 Spruce Hill Drive; Lot 13, Block 28, Plan 228 50111 34202  
26316 Inuvik 24 Spruce Hill Drive; Lot 18, Block 28, Plan 228 50111 34203  
26319 Inuvik 44 Spruce Hill Drive; Lot 28, Block 28, Plan 228 50111 34204  
26341 Inuvik 9 Centennial Street; Lot 8, Block 36, Plan 402 52743 34172  
21161 Norman Wells Units 15 and 16: - 9 &11 Ptarmigan Avenue; Lots 462 & 463, Plan 3547 83719 51087 & 51088  
21163 Norman Wells Units 13 and 14: - 18 & 20 Sahcho Avenue; Lots 460 & 461, Plan 3547 83719 51085 & 51086  
21166 Norman Wells Units 11 and 12: -14 &16 Sahcho Avenue; Lots 458 & 459, Plan 3547 83719 51083 & 51084  
21177 Norman Wells 4 Woodland Avenue, Unit T-62, Lot 63,Group 1158, Plan 748 57592 26514 1975-909
21187 Norman Wells Unit 2: -19 Franklin Avenue; Lot 77, Group 1158, Plan 748 57592 26518 1975-909
21190 Norman Wells Unit W-94; -18 Franklin Avenue; Lot 82, Group 1158, Plan 748 57592 34754 1975-909
21191 Norman Wells Unit 1: -12 Riverview Street; Lot 84,Group 1158, Plan 748 57592 34755 1975-909
06984 Yellowknife Greenstone Building: -5101 50 Avenue; Lot 26, Block 32, Plan 3156 81334 55132  
20629 Yellowknife Aspen Apartments: - 5204 51 Street; Lots 2 to 9, Block 46, Plan 140 40342 41209, 41210, 41211, 41212, 41213, 41214, 41216 & 41217  
20631 Yellowknife 5016 to 5018, 54 Street; Lot 33, Block 60, Plan 2437 76842 35741  
20632 Yellowknife 5123 and 5123A, 48 Street; Lot 25, Block 35,Plan 2716 78290 37550  
20633 Yellowknife 5104 to 5106, 47 Street; Lot 32, Block 35, Plan 2716 78290 37557  
20643 Yellowknife 5202 55 Street; Lot 1, Block 55, Plan 140 40342 34145  
20657 Yellowknife 5124 55 Street; Lot 21, Block 58, Plan 1668 69306 34161  
20659 Yellowknife 5004 44th Street; Lots 15-22, Block 82, Plan 69 and Lot 23, Block 82 Plan 2864 40345 & 77599 42140, 42141, 42142, 42143, 42144, 42145, 42146, 42147 & 42148  
20665 Yellowknife 7 Albatross Crescent; Lot 16, Block 123, Plan 634 56374 6757  
20666 Yellowknife 4808 Matonabee Street; Lot 4, Block 123, Plan 634 56374 6757  
20667 Yellowknife 4809 Matonabee St.; Lot 3, Block 118, Plan 634 56374 6757  
20668 Yellowknife 4803 Matonabee Street; Lot 6, Block 118, Plan 634 56374 6757  
20669 Yellowknife 4804 Matonabee Street; Lot 6, Block 123, Plan 634 56374 6757  
20671 Yellowknife 5005 Forrest Drive; Lot 7, Block 135, Plan 769 57705 7237  
20672 Yellowknife 5408 45 Street; Lot 16, Block 90, Plan 482 55271 7226  
20677 Yellowknife 5406 45 Street; Lot 17, Block 90, Plan 482 55271 7227  
20678 Yellowknife 5009 Forrest Drive; Lot 9, Block 135, Plan 769 57705 7237  
20679 Yellowknife 5007 Forrest Drive; Lot 8, Block 135, Plan 769 57705 7237  
20680 Yellowknife 5013 Forrest Drive; Lot 11, Block 135, Plan 769 57705 7237  
20681 Yellowknife 4 Taylor Road; Lot 15, Block 135, Plan 769 57705 7237  
20682 Yellowknife 5010 Forrest Drive; Lot 6, Block 134, Plan 769 57705 7236  
20683 Yellowknife 2 Taylor Drive; Lot 14, Block 135, Plan 769 57705 7237  
20684 Yellowknife 1 Phinney Court; Lot 15, Block 136, Plan 773 57756 7235  
20685 Yellowknife 963 to 994 Sissons Court; Lot 1, Block 136, Plan 773 57756 7235  
20686 Yellowknife 24 Taylor Road; Lot 3, Block 136, Plan 773 57756 7235  
20687 Yellowknife 20 Taylor Road; Lot 5, Block 136, Plan 773 57756 7235  
20688 Yellowknife 6 Phinney Court; Lot 10, Block 136, Plan 773 57756 7235  
20689 Yellowknife 2 Phinney Court; Lot 14, Block 136, Plan 773 57756 7235  
20693 Yellowknife 998 - 1025 Lanky Court; Lot 3, Block 135, Plan 769 57705 8042  
20704 Yellowknife 54 Rycon Drive; Lot 30, Block 150, Plan 863 58510 31152  
20705 Yellowknife 42 Rycon Drive; Lot 24, Block 150, Plan 863 58510 31150  
20706 Yellowknife 32 Rycon Drive; Lot 20, Block 150, Plan 863 58510 31149  
20707 Yellowknife 26 Rycon Drive; Lot 17, Block 150, Plan 863 58510 31148  
20710 Yellowknife 12 Rycon Drive; Lot 16, Block 147, Plan 863 58510 31143  
20712 Yellowknife 3 Rycon Drive; Lot 8, Block 145, Plan 864 58508 8989  
20717 Yellowknife 35 Rycon Drive; Lot 13-2, Block 149, Plan 1104 62766 9483  
20724 Yellowknife 57 Con Road; Lot 10, Block 147, Plan 863 58510 31141  
20725 Yellowknife 55 Con Road; Lot 11, Block 147, Plan 863 58510 31142  
20726 Yellowknife 54 Con Road; Lot 11, Block 150, Plan 863 58510 31146  
20727 Yellowknife 52 Con Road; Lot 12, Block 150, Plan 863 58510 31147  
20729 Yellowknife 4 Negus Place; Lot 7, Block 150, Plan 863 58510 31144  
20730 Yellowknife 3 Negus Place; Lot 8, Block 150, Plan 863 58510 31145  
20738 Yellowknife 59 Con Road; Lot 9-1, Block 147, Plan 1063 61345 10052  
20778 Yellowknife Henry Larson Building: - 5010 49 Avenue; Lot 13, Block 51, Plan 1923 71215 57077 TAA
26365 Yellowknife 5108 47 Street; Lot 31, Block 35, Plan 2716 78290 37556  
26366 Yellowknife 5110 and 5112, 47 Street; Lot 30, Block 35, Plan 2716 78290 37555  
26367 Yellowknife 5114 and 5114A, 47 Street; Lot 29, Block 35, Plan 2716 78290 37554  
26369 Yellowknife 5120 and 5120A, 47 Street; Lot 27, Block 35, Plan 2716 78290 37552  
26370 Yellowknife 5119 and 5121, 48 Street; Lot 26, Block 35, Plan 2716 78290 37551  
26371 Yellowknife 5115 54 Street; Lot 18, Block 41, Plan 65 40254 34144  
26378 Yellowknife 5204 55 Street; Lot 2, Block 55, Plan 140 40342 34146  
26379 Yellowknife 5206 55 Street; Lot 3, Block 55, Plan 140 40342 34147  
26380 Yellowknife 5208 55 Street; Lot 4, Block 55, Plan 140 40342 34148  
26383 Yellowknife 5120and 5120A 47 Street; Lot 28, Block 35, Plan 2716 78290 37553  
26385 Yellowknife 5124 54 Street; Lot 12, Block 57, Plan 140 40342 34153  
26401 Yellowknife 4806 Matonabee Street; Lot 5, Block 123, Plan 634 56374 6757  
26402 Yellowknife 4802 Matonabee Street; Lot 7, Block 123, Plan 634 56374 6757  
26403 Yellowknife 22 Gitzel Street Lot 8, Block 123, Plan 634 56374 6757  
26404 Yellowknife 8 Albatross Court; Lot 17, Block 123, Plan 634 56374 6757  
26405 Yellowknife 9 Albatross Court; Lot 18, Block 123, Plan 634 56374 6757  
26413 Yellowknife 44 Rycon Drive; Lot 25, Block 150, Plan 863 58510 31151  
30398 Yellowknife 802 Range Lake Court; Lot 8, Block 519, Plan 1238 64788 15048  
30399 Yellowknife 513 Knutsen Court; Lot 47, Blk.508, Plan 1238 64788 15016  
30401 Yellowknife 27 Bromley Drive; Lot 14, Block 508, Plan 1080 61711 15295  
31274 Yellowknife 51 Rycon Drive; Lot 9, Block 149, Plan 863 58510 15299  
31277 Yellowknife 221 Woolgar Avenue; Lot 11, Block 510, Plan 1080 61711 15300  
31278 Yellowknife 10 Bromley Drive; Lot 6, Block 507, Plan 1080 61711 15267  
31279 Yellowknife 7 Bromley Drive; Lot 4, Block 508, Plan 1080 61711 15296  
31280 Yellowknife 42 Bromley Drive; Lot 22, Block 507, Plan 1080 61711 15366  
35074 Yellowknife 881 to 885 Lanky Court; Lot 22, Block 135,Plan 2063 72435 34923  
35075 Yellowknife 886 to 889 Lanky Court; Lot 23, Block 135, Plan 2063 72435 34924  
35088 Yellowknife 5217 and 5217A 52 Street; Lot 28, Block 46, Plan 2962 79763 41379  
35089 Yellowknife 5213 and 5215 52 Street; Lot 29, Block 46, Plan 2962 79763 41380  
35090 Yellowknife 5211 and 5211A 52 Street; Lot 30, Block 46, Plan 2962 79763 41381  
35091 Yellowknife 5207 and 5209 52 Street; Lot 31, Block 46, Plan2962 79763 41382  
53622 Yellowknife Lot 24, Block 135, Plan 2063 72435 34925 1996-1275

Royal Canadian Mounted Police

LocationUsageDetailed Description" include: Federal Real Property Directory #; Certified Land Survey (CLSR) information - Group, Lot, Block, etc., Certificate of Tile #; or Metes and Bounds description detailed geographic description from sketch;
Aklavik G0115 Aklavik Patrol Cabin OIC/FRPIA #7898. Unsurveyed land area, outside of aboriginal claim areas, Inuvik Region. That certain parcel of Land approx. 32 kms from Aklavik and 80 km from Inuvik on McKenzie River, Raymond Channel, north side of channel. GPS coordinates approx. Lat 68 17 32.5" N; Long. 134.25' 46.1"W.
Behchoko G0510 Behchoko (Edzo) EH Residential Site Lot #'s 109, 110 & 111,, CLSR #56051, LTO #584, in Community of Edzo, on Edzo Tli Road. OIC 1999:04:23#50; FRPIA #36976. No certificate of title.
Lot 109 = 876.1 m2, Lot 110 = 671 m2, Lot 111 = 671 m2, Total Area = 0.222 ha
Fort Smith G0418 FT Smith DET Site Lot #26, Block # Null, CLSR #38702, LTO# 14, OIC # 1924 - 673. DFRP#20472.
Tulita G0563 Tultia DET site Lot #148, LTO# 3203, Sketch 96C/13-15-2. All that portion of Lot 10, Plan 57999 CLSR LTO, which is comprised of approximately 0.5 ha, in the Hamlet of Tulita (Fort Norman), in the Northwest Territories, as said parcel is shown outlined in red on a sketch plan on file 96C/13-15 in Land Administration Office of Dept of Indian & Northern Affairs and Development at Yellowknife and which is shown on the list of exceptions as reserved for RCMP and excepted out of the Block Land Transfer OIC 1985-2676 dated August 28, 1985.
Ulukhaktok G0038 Ulukhaktok Trans, Det site Lot #6, Block # 10, CLSR # 67950, LTO# 1558, OIC #1999:04:23#50. the whole of Lot 6, Block 10 (and Lot 7, Block 10) as said lot is shown on a plan of survey record number 67950 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 1558.
Ulukhaktok G0122 Ulukhaktok EH, Det. Site Lot #7, Block # 10, CLSR # 67950, LTO# 1558, OIC #1999:04:23#50. the whole of Lot 6, Block 10 (and Lot 7, Block 10) as said lot is shown on a plan of survey record number 67950 in the Canada Lands Survey Records at Ottawa, a copy of which is filed in Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 1558
Wha Ti Patrol Cabin Lot #55, Block #...., CLSR # 82605, LTO# 3622, OIC # 2002:11:18#43
Wha Ti Residential LTO# 3622, OIC/FRPIA # To be identified
Wha Ti Office Lot # Unsurveyed lot next to Lot 93 LTO 3622, To be identified, OIC #2000:08:24#74
Wrigley G0016 Wrigley EH Residential (decommissioned) Lot #'s 20 & 21, Block #..., CLSR # 53220, LTO# 429 OIC #1999:04:23#50. the whole of Lot 20 (and Lot 21) as said lot is shown on a plan of survey of record number 53220 in Canada Lands Survey Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 429. Lot 20 = 697.8 m2, Lot 21 = 697.8 m2 (0.13956 ha)

Transport Canada

LocationUsageDetailed Description" include: Federal Real Property Directory #; Certified Land Survey (CLSR) information - Group, Lot, Block, etc., Certificate of Tile #; or Metes and Bounds description detailed geographic description from sketch;
Fort Franklin(Deline) Aircraft Navigation Beacon (NDB) Lot #9, Block #9, CLSR #81281, OIC #P.C. 2006-1148 October 26, 2006, FRPIA # 72063 Lot 9, in fort Franklin(Deline) Block 9, as shown on plan of survey record number 81281 in Canada Lands Survey Record at Ottawa, a copy of which is filed in the Land Title Office at Yellowknife under Daybook number 151,902
Fort Good Hope Aircraft Navigation (VOR/DME/EPU) Group #1207, Lot #1, CLSR #59503, LTO #976, OIC #P.C. 1978-2101 June 29, 1978, FRPIA #21233 Lot1, in Fort Good Hope Group 1207, as shown on plan of survey record number 59503 in Canada Lands Survey Record at Ottawa, a copy of which is filed in the Land Title Office at Yellowknife under number 976
Fort Good Hope Aircraft Navigation Beacon (NDB) Lot #288, CLSR #94034 LTO #4191, OIC #P.C. 2012-238 March 1, 2012, FRPIA # 19649 Lot 288,in Fort Good Hope Group 1207, as shown on plan of survey record number 94034 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 4191
Fort Resolution Aircraft Navigation Beacon (NDB) Group #865, Lot #12, CLSR #40967, LTO#138, OIC # P.C. 1971-797 April 27, 1971, FRPIA # 20910 Lot 12,Fort Resolution Group 865, as shown on plan of survey record number 40967 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 138
Hay River Aircraft Navigation (VOR/DME/EPU) & Protective Easement Group #814 Lot #666, CLSR #60117, LTO #1039, Commissioner's Land Ordinance Number 116-77, FRPIA #34089 Lot 666 and Protective easement, in Hay River Group 814,as shown on plan of survey record number 60117 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 1039
Inuvik Aircraft Navigation (NDB/EiPU) Quad 107 B/7 Lot #1018, CLSR #80317, LTO#3030, P.C. 1971-797 April 27, 1971, FRPIA #21090 Lot 1018, in Inuvik, Quad 107B/7, as shown on plan of survey record number 80317 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 3030
Norman Wells Aircraft Navigation Beacon (NDB/TX) Group #1158 Lot #4, CLSR #51872, LTO #355, P.C. 1974-1862 August 14, 1974, FRPIA Lot 4, in Norman Wells Group 1158, as shown on plan of survey record number 51872 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 355
Norman Wells Aircraft Navigation (VOR/DME) Group #1158 Lot #150, CLSR #58651, LTO #915, P.C. 1974-1862 August 14, 1974, FRPIA #21229 Lot 150, in Norman Wells Group 1158, as shown on plan of survey record number 58651 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 915
Wrigley Aircraft Navigation (VOR/DME/RCO) Group #1010 Lot #2, CLSR #59424, LTO # 986, P.C. 1979-827 March 22, 1979, FRPIA 22131 Lot 2, in Wrigley Group 1010, as shown on plan of survey record number 59424 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 986
Yellowknife Aircraft Navigation Beacon (NDB/TX) Group #964 Lot #729, CLSR #40399, LTO # 83, P.C. 1970-858 May 12, 1970, FRPIA #20917 Lot 729, in Yellowknife Group 964,as shown on plan of survey record number 40399 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 83
Fort Simpson Aircraft Navigation Beacon (NDB/TX) Group #911 COT # 68974, CLSR #40407, LTO# 78, P.C. 1970-1738 October 6, 1970 27, 1971, FRPIA #20817 Certificate of Title Number 68974 Lot 2, in Fort Simpson Group 911 ,as shown on plan of survey record number 40407 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 78
Fort Simpson Aircraft Navigation Beacon (VOR)and Protective Easement Group 911 Lot #19, LTO #1037, CLSR #59432 P.C. 1978-2045 June 22, 1978, FRPIA #22234 Certificate of Title Number 68975 Lot 19, in Fort Simpson Group 911,,as shown on plan of survey record number 59432 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 1037
Fort Simpson Aircraft Navigation Beacon (VOR)and Protective Easement Group #911 Lot #45, LTO #1037, CLSR #59432 P.C. 1978-2045 June 22, 1978, FRPIA #22234 Certificate of Title Number 68976 Lot 45, in Fort Simpson Group 911,as shown on plan of survey record number 59432 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 1037
Hay River Aircraft Navigation Remote Receiver Site (RX/EPU) Group #814 Lot #1492, CLSR #55493, P.C. 1983-2894 September 22, 1983, FRPIA #20562 Certificate of Title Number 28052 Lot1492,, in Hay River Group 814,as shown on plan of survey record number 55493 in Canada Lands Survey Record at Ottawa a copy which is filed in the Land Title Office at Yellowknife under number 492
  • Fixed assets (fixtures) on federal lands reserved by notation under territorial legislation pursuant to section 3.35 of the Devolution Agreement are excluded from transfer. An inventory of such Fixed Assets is still being developed.

Part 4 here

Schedule 5
Northwest Territories Intergovernmental Agreement on Lands and Resources Management

(Section 4.3)

Northwest Territories Intergovernmental Agreement on Lands and Resources Management

Made with effect as of this ____ day of ___________ 2014.

Among:

the Government of the Northwest Territories as represented by the Premier
(the "GNWT")

and

Inuvialuit Regional Corporation
(the "IRC")

and

the Northwest Territory Métis Nation
(the "NWTMN")

and

the Sahtu Secretariat Incorporated
(the "SSI")

and

the Gwich'in Tribal Council
(the "GTC")

and

the Tłıchǫ Government
(the "TG")

Whereas:

A. The Government of Canada has agreed to devolve to the GNWT certain public lands, waters and resources in the Northwest Territories pursuant to the Devolution Agreement;

B. This devolution shall be effected in a manner that establishes a framework for a cooperative and coordinated management system for lands, resources and rights in respect of waters in the Northwest Territories in which the Government of the Northwest Territories, Aboriginal Governments and the residents of the Northwest Territories participate;

C. The Devolution Agreement provides for the negotiation of an agreement among the GNWT and Aboriginal Parties, setting out a government to government relationship, which provides for coordination and cooperation with respect to the management of Public Lands and Settlement Lands and rights in respect of Waters;

D. As of the Transfer Date, the GNWT will hold certain legislative powers and responsibilities with respect to Public Lands, Waters and resources in the Northwest Territories ;

E. Aboriginal peoples of the NWT have traditionally managed used and occupied lands in the NWT;

F. Aboriginal ways of life, which are based on the cultural and economic relationship between Aboriginal people and the land, should continue and be supported by the Parties;

G. Public lands, Waters, and resources in the Northwest Territories are subject to Aboriginal and treaty rights;

H. The Parties desire that the Aboriginal and treaty rights of Aboriginal peoples be recognized and protected;

I. Settlement Agreements and Self-Government Agreements set out rights, titles, jurisdictions and authorities of Aboriginal Governments;

J. The Parties desire that the respective jurisdictions and authorities of Aboriginal Governments and the GNWT be recognized and respected;

K. The Parties desire to foster, strengthen, and formalize the government to government arrangements and relationships between and among the GNWT and Aboriginal Governments;

L. The Parties wish to exercise their respective jurisdictions and authorities in relation to lands , waters and resources in the Northwest Territories in a cooperative and coordinated manner;

M. The Parties desire that their government to government arrangements and relationships include formal mechanisms for the Management of Lands and Resources.

Now therefore, the Parties agree as follows:

1. Definitions

1.1 In this Agreement, including the recitals:

"Aboriginal Government" means a governing or other body representing an Aboriginal people of the NWT;

"Aboriginal Party" means the GTC, IRC, NWTMN, SSI, TG and any other Aboriginal Government that has become a Party under section 7.1;

"Agreement" means this Northwest Territories Intergovernmental Agreement on Lands and Resources Management;

"Council" means the Intergovernmental Council on Land and Resource Management established under section 4.1;

"Devolution Agreement" means the Northwest Territories Lands and Resources Devolution Agreement among the Government of Canada, the GNWT, the IRC, the NWTMN, the SSI, the GTC, the TG and any other parties;

"Management of Lands and Resources" means the management of:

  • those forms of natural resources on, in or under Public Lands and Waters, which natural resources are subject to the transfer of administration and control under the Devolution Agreement; and
  • the same forms of natural resources described in (a) above, which natural resources are located on, in or under Settlement Lands;

"NWT" means Northwest Territories;

"Parties" means the GNWT and the Aboriginal Parties, and "Party" means any one of the Parties;

"Public Lands" means any land in the NWT, or any interest therein, over which the GNWT holds the administration and control;

"Self-Government Agreement" means an agreement between the Crown and an Aboriginal people of the Northwest Territories, which is brought into force or implemented by federal legislation and which recognizes:

  • the legal status and capacity of a governing body to represent such Aboriginal people; and
  • the authority of that governing body to enact laws;

"Settlement Agreement" has the meaning set out in the Devolution Agreement;

"Settlement Lands" means lands in the NWT the title to which is vested in an Aboriginal Government or other body pursuant to a Settlement Agreement;

"Transfer Date" has the meaning set out in the Devolution Agreement; and

"Waters" means any inland waters on or below the surface of land in the NWT, whether in a liquid or a frozen state, over which the GNWT holds administration and control.

2. Purpose and Objectives

2.1 The purpose of this Agreement is to formalize government to government relationships and allow the further development of agreements or other arrangements among the GNWT and Aboriginal governments for cooperative and coordinated Management of Lands and Resources, recognizing the rights, titles, jurisdiction and authority of each Party and taking into account that:

  • Public Lands, Waters and resources in the Northwest Territories should be managed in accordance with Settlement Agreements, and in keeping with the honour of the Crown including any requirement for consultation and if appropriate, accommodation;
  • Public Lands, Waters and resources in the Northwest Territories should be managed under a system of policies and legislation that reflects regional and Aboriginal parties' approaches and decision-making;
  • Settlement Lands and other lands, waters and resources subject to the jurisdiction of Aboriginal Governments should be managed in accordance with Settlement Agreements and Self-Government Agreements for the benefit of Aboriginal peoples by the applicable Aboriginal Government or other organizations;
  • the Management of Lands and Resources in the NWT is fundamentally important to the people of the NWT and should be carried out in an integrated manner; and
  • the Parties, in carrying out their responsibilities for Management of Lands and Resources, should:
    • respect Aboriginal and treaty rights;
    • allow for mutual consultation in respect of the Management of Lands and Resources;
    • provide for meaningful participation in decision-making in the Management of Lands and Resources;
    • promote the harmonization of legislation, policy and programs in areas of common interest;
    • encourage sustainable development of lands and resources;
    • build capacity of the GNWT and Aboriginal governments to carry out their jurisdictions and authorities;
    • develop employment, training and business development opportunities for Aboriginal people in resource development at the local and regional levels;
    • take into account opportunities for strategic development of lands and resources in the NWT;
    • take into account the desire for land and resource management systems to be affordable, effective, coordinated, and economically competitive; and
    • consider other ways to cooperate to achieve efficiency and effectiveness.

3. Aboriginal Rights

3.1 Nothing in this Agreement shall be construed so as to abrogate or derogate from, or to prejudice, limit or restrict:

  • any existing Aboriginal or treaty right recognized and affirmed under section 35 of the Constitution Act, 1982, including any right under Treaty 8 or Treaty 11;
  • any fiduciary duty or obligation of the Crown to the Aboriginal peoples of Canada, including any obligation arising from the Constitution of Canada; or
  • any executive, prerogative or statutory powers or any legislative authority of the GNWT or the Legislative Assembly of the Northwest Territories, as the case may be, to affect any rights referred to in subsection (a) or arising from any duty or obligation referred to in subsection (b), in a manner consistent with the Constitution of Canada.

3.2 For greater certainty, this Agreement is not a treaty or a land claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

3.3 For greater certainty, this Agreement does not vary, replace, limit or affect any rights, powers, duties or obligations of the Parties under Settlement Agreements or Self-Government Agreements.

3.4 For greater certainty, nothing in this Agreement affects any existing obligations of the GNWT in relation to any Aboriginal Government that is not a Party.

3.5 This Agreement shall not be construed so as to delay, impair, or impede any negotiation processes among the Aboriginal peoples of the NWT, Canada and the GNWT or the commencement of those processes.

3.6 Nothing in this Agreement shall be construed so as to preclude any person from advocating before the courts any position on the existence, nature, or scope of any Aboriginal or treaty right of Aboriginal peoples of Canada, or of any fiduciary obligation, or of any other constitutional obligation to the Aboriginal peoples of Canada.

4. Intergovernmental Council on Land and Resource Management

4.1 In furtherance of the government to government relationship and arrangements referred to in section 2.1, the Council is hereby established.

4.2 The purpose of the Council is to promote the development of a system for Management of Lands and Resources that advances the purpose and objectives in section 2.1.

4.3 The Council members are:

  • the Minister or Ministers of the GNWT responsible for the management of Public Lands and rights in respect of Waters; and
  • the duly authorized leader, or other duly authorized representative, of each Aboriginal Party.

4.4 The Council shall meet at least once a year, unless otherwise agreed. The GNWT shall convene the first meeting of the Council within 6 months after the signing of this Agreement.

4.5 Each Party is responsible for its own costs of participation on the Council.

4.6 The Council may establish working groups to carry out any tasks assigned by the Council. The Council members may each designate one or more officials to participate in any working groups that are established by the Council.

4.7 Subject to the required financial appropriations of the Parties, the Council shall establish a secretariat with the appropriate technical, professional, and administrative expertise and capacity to fulfill its duties.

4.8 Within 60 days of the signing of this Agreement, the Parties shall meet to consider matters related to the secretariat referred to in 4.7 and to develop terms of reference for the secretariat, including:

  • the manner in which the secretariat shall be staffed and supported by the Parties; and
  • the relationship of the secretariat to the respective organizations of the Parties.

4.9 The Council may invite observers to its proceedings and determine whether and to what extent they may participate. Without limitation, this may include representatives of boards, councils, co-management boards, regulatory bodies or other entities established under Settlement Agreements or Self-Government Agreements.

4.10 The Council shall strive to carry out its duties by consensus.

4.11 The Council may make rules respecting its practice and procedure.

4.12 Decisions of the Council are not binding on the Parties, and are subject to authorization or ratification by the Parties, where required.

5. Duties of the Council

5.1 The duties of the Council are to:

  • review the land and resource management systems of each Party ;
  • review and develop any proposed changes to the systems described in subsection (a), including:
    • any associated legislative, policy or organizational changes that are necessary to further the purpose and objectives listed in section 2.1; and
    • the manner in which revenues from lands and resources are generated;
  • address legislative requirements for benefit agreements relating to resource development;
  • (d) without limiting subsections (b) and (c), review and develop any proposed changes to the legislation that the GNWT is required to substantially mirror on the Transfer Date pursuant to the Devolution Agreement, including the development of new resource management legislation;
  • develop protocols to ensure that the management of Public Lands and resources and rights in respect of Waters is consistent with the duties associated with the honour of the Crown, including the duty to consult and where appropriate accommodate;
  • provide a forum for information sharing and discussion of interests of the Parties in connection with the Canada-NWT Post Devolution Resource Development Cooperation Arrangement, to ensure that the interests of the Aboriginal Parties are considered under that arrangement;
  • provide a forum for discussion regarding the review contemplated at section 3.18 of the Devolution Agreement respecting the Mackenzie Valley Resource Management Act;
  • provide a forum for discussion on any future transfers of powers and authorities from Canada to GNWT related to the control of public lands, water and the disposal of waste; and
  • carry out any other activities related to the foregoing, as may be agreed by the Parties.

5.2 As a matter of priority and without limiting section 5.1, the Council shall review and assess the existing land and resource management systems in the NWT to:

  • identify priority areas for potential changes and approaches; and
  • develop a work plan to address such changes and approaches.

5.3 In carrying out its duties in sections 5.1 and 5.2, the Council shall give consideration to, among other matters, the following:

  • regional capacity building;
  • integrated land use permitting and water licencing;
  • the potential coordination of activities or reallocation of functions related to land and resource management;
  • the use of regional strategic environmental assessment to promote efficiency and avoid duplication in environmental assessment processes;
  • coordinated approaches to waste sites management; and
  • coordinated approaches to inspections, monitoring and enforcement.

6. Implementation

6.1 Each Party shall consider recommendations of the Council in its respective decision-making processes, and shall give written reasons to the other Parties if it does not implement a recommendation of the Council.

7. Additional Parties to this Agreement

7.1 An Aboriginal Government that is not a Party may, with the consent of the GNWT, become a Party by having an authorized representative sign this Agreement on behalf of that Aboriginal Government, and upon the signing of this Agreement by its authorized representative this Agreement is deemed approved

8. General Provisions

8.1 This Agreement may be signed and delivered by any Party in counterpart, and all such counterparts together shall constitute one and the same document.

8.2 By signing this Agreement, each Party warrants that it has all necessary internal approvals, including, where required, the enactment of legislation or the making of a resolution, to authorize the Party's authorized representative to sign this Agreement on behalf of the Party.

8.3 This Agreement comes into effect on the latter of:

  • the date on which it has been signed by the GNWT, the IRC, the NWTMN, the SSI, the GTC and the TG; and
  • the Transfer Date.

8.4 Unless otherwise agreed, the Parties shall conduct a review of this Agreement commencing on the 7th anniversary of the date this Agreement comes into effect, and on every 7th anniversary thereafter.

8.5 This Agreement may only be amended by consent of the Parties, given in writing.

8.6 Notwithstanding any provision of this Agreement, the GNWT and an Aboriginal Party may enter into an agreement or agreements regarding the Management of Lands and Resources.

9. Legislation

9.1 As soon as is practicable after this Agreement comes into effect pursuant to section 8.3, the GNWT shall recommend legislation for enactment by the Legislative Assembly of the NWT, providing for the implementation of this Agreement and the mandate and structure of the Council consistent with this Agreement.

9.2 The GNWT shall consult the Parties in the preparation of the legislation referred to in section 9.1, and on any amendments to that legislation.

9.3 As soon as is practicable after the signing of this Agreement the TG shall introduce into the Tłıchǫ Assembly a Tłıchǫ law which provides for the implementation of this Agreement.

The Northwest Territories Lands Intergovernmental Agreement on Lands and Resources Management

Agreement signed in counterpart on ______________, 2014

For the Government of the Northwest Territories

 

__________________________________________
Honourable
Robert R. McLeod
Premier

 

 

__________________________________________
Witness

For the Inuvialuit Regional Corporation

 

__________________________________________
Nellie Cournoyea
Chair and Chief Executive Officer

 

 

__________________________________________
Witness

For the Northwest Territory Métis Nation

 

__________________________________________
Garry Bailey
President

 

 

__________________________________________
Witness

For the Sahtu Secretariat Incorporated

 

__________________________________________
Ethel Blondin-Andrew
Chairperson

 

 

__________________________________________
Witness

For the Gwich'in Tribal Council

 

__________________________________________
Robert A. Alexie
President

 

 

__________________________________________
Witness

For the Tłıchǫ Government

 

__________________________________________
Edward Erasmus
Grand Chief

 

 

__________________________________________
Witness

Schedule 6
Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region

(Section 5.5)

Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region

Made this 25th day of June, 2013.

Among:

Government of Canada, as represented by the Minister of Indian Affairs and Northern Development ("Canada")

and

Government of Northwest Territories, as represented by the Premier ("GNWT")

and

Inuvialuit Regional Corporation , as represented by the Chair of the Inuvialuit Regional Corporation ("IRC")

Whereas:

A. As a result of the Devolution Agreement and related legislation, the Commissioner has administration and control of Petroleum resources Onshore in the Northwest Territories.

B. Canada has administration and control of Petroleum resources in the northern offshore, including the Offshore, and administers those Petroleum resources under applicable federal legislation.

C. The IRC has certain ownership and management and administrative rights, interests and obligations in respect of the ISR pursuant to the IFA that affect, or could be affected by, the management and administration of Petroleum resources in the ISR.

D. The Parties have a common interest in ensuring responsible, efficient and transparent management and administration of Petroleum resources in the ISR.

E. The Parties recognize the need for efficient and economic exploration, development and production of Petroleum resources in the ISR, including Straddling Resources.

Now Therefore, in consideration of the premises and the agreements of the Parties herein, the Parties hereby agree as follows:

Article 1
Purpose

1.1 Purpose

  • The Parties acknowledge that coordination and cooperation in respect of Petroleum resource management, administration and development in the particularly where Petroleum resources straddle or potentially straddle the Onshore and the Offshore, are beneficial in order to:
    • enable each Party to autonomously develop its Petroleum resources without adversely impacting development of Petroleum resources of the other Parties;
    • facilitate the effective and efficient conservation exploration, development, production, management and administration of Straddling Resources;
    • enhance transparent decision making processes;
    • provide clarity to industry through consistency in management and administration of Petroleum resource development activities in the ISR;
    • facilitate efficient and timely approval processes in respect of the exploration for and development of Petroleum resources in the ISR;
    • avoid duplicative regulatory requirements and regulatory uncertainty in respect of the exploration for and development of Petroleum resources in the ISR, including Straddling Resources;
    • contribute to sound and efficient field practices, including minimizing impacts on the environment, through optimal planning, efficient management and sharing of facilities and infrastructures, to the extent economically feasible and practical;
    • advance sustainable development and protection of the environment in the ISR; and
    • protect the health and safety of those involved in, or affected by, Petroleum resource activities in the ISR.

Article 2
Definitions

2.1 Definitions

  • In this Agreement, including the recitals hereto, the following defined terms shall have the meanings set forth below:
    • "Adjoining Area" has the same meaning as ‘adjoining area' in section 2 of the Yukon Act (Canada);
    • "Agreement", "this Agreement", "herein", "hereby", "hereof", "hereunder" and similar expressions shall mean or refer to this Agreement, including Annex I and Annex II and any amending agreement pursuant to and in accordance with section Error! Reference source not found. , and the expressions "Article", "section", "subsection" or "paragraph" followed by a number, mean and refer to the specified Article, section, subsection or paragraph of this Agreement unless the context otherwise requires;
    • "Benefits Plan" has the same meaning as ‘benefits plan' in subsection 5.2(1) of the Canada Oil and Gas Operations Act (Canada);
    • "Committee" means the ISR Oil and Gas Coordination Committee described in subsection 4.1(a);
    • "Devolution Agreement" means the Northwest Territories Lands and Resources Devolution Agreement of even date herewith among, inter alia, Canada, the GNWT and the IRC;
    • "Disclosing Party" means, in respect of the exploration and drilling for and the production, conservation, processing and transportation of Petroleum resources to which this Agreement applies, any Party, person, group of persons, corporation or organization that supplies information in confidence to the Parties to this Agreement or to the Regulator, which information includes:
      • trade secrets of a Disclosing Party;
      • financial, commercial, scientific and technical information or any other information that is confidential information of a Disclosing Party and is treated consistently in a confidential manner by the Disclosing Party;
      • information recognized under any legislation as privileged;
      • information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of a Disclosing Party; or
      • information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a Disclosing Party.
    • "Expert" means a person possessing advanced knowledge or skill and extensive expertise and experience in a particular field or subject;
    • "Field" has the same meaning as ‘field' in section 2 of the Canada Oil and Gas Operations Act (Canada);
    • "Gas" has the same meaning as ‘gas' in section 2 of the Canada Oil and Gas Operations Act (Canada);
    • "IFA" means the Inuvialuit Final Agreement, being the land claims agreement between Canada and Inuvialuit of the ISR, signed June 5, 1984, and given effect by the Western Arctic (Inuvialuit) Claims Settlement Act (Canada), as that agreement is amended from time to time in accordance with its provisions;
    • "Independent Expert" means an Expert that is independent of each of the Parties to this Agreement;
    • "Interest" means the licence or other instrument granting the holder the right to explore for and produce Petroleum;
    • "Interest Holder" means the person who owns or is the holder of an Interest or a Share therein;
    • "Inuvialuit Settlement Region" has the meaning set out in the IFA;
    • "Inuvialuit Lands" means those lands in the ISR to which the Inuvialuit were granted title in fee simple, including all mineral rights, as more particularly described in subsection 7(1)(a) of the IFA;
    • "ISR" means the Inuvialuit Settlement Region, excluding any area in Yukon or in the Adjoining Area;
    • "Notification Area" means the area comprised of:
      • the area in the Offshore within 20 km of the Onshore; and
      • the area in the Onshore within 20 km of the Offshore;
    • "Offshore" means, solely for the purposes of this Agreement, that area in the ISR which is not in the Onshore;
    • "Oil" has the same meaning as ‘oil' in section 2 of the Canada Oil and Gas Operations Act (Canada);
    • "Onshore" has the same meaning set out in the Devolution Agreement and, for greater certainty, includes Inuvialuit Lands in the ISR;
    • "Participation Agreement" has the same meaning as set out in section 10 of the IFA;
    • "Parties" means, except as provided in section 5.1, Canada, the GNWT, and the IRC, and "Party" means, except as provided in section 5.1, any one of the Parties;
    • "Petroleum" means Oil or Gas;
    • "Pool" has the same meaning as ‘pool' in section 2 of the Canada Oil and Gas Operations Act (Canada);
    • "Regulator" means the National Energy Board or any successor regulator to the National Energy Board under federal legislation;
    • "Share" means, with respect to an Interest, an undivided share in the Interest;
    • "Straddling Area" means the surface area of land on or underlying which there is a Straddling Resource;
    • "Straddling Resource" means a Pool or Field wholly or partly within the ISR which straddles the Offshore and the Onshore; and
    • "Unitization Agreement" means an agreement between the Affected Parties and all Interest Holders in a Straddling Resource to unitize their Interests and to administer and manage that unitized Interest as a single unit as provided in section 5.5.

Article 3
Interpretation and General Matters

3.1 Interpretation

  • This Agreement does not and shall not be interpreted as amending or overriding the Devolution Agreement in whole or in part. Where there is an inconsistency or conflict between the provisions of this Agreement and the provisions of the Devolution Agreement, the provisions of the Devolution Agreement prevail to the extent of the inconsistency or conflict.
  • Capitalized terms used in this Agreement and not defined in this Agreement have the meaning ascribed to those terms in the Devolution Agreement.

3.2 Area of Application

  • This Agreement applies within and throughout the ISR.

3.3 Legal Effect

  • Subject to subsection 3.3(b), the provisions of this Agreement, and any other agreement supplemental or ancillary to this Agreement entered into among the Parties, shall be legally binding upon the Parties.
  • Notwithstanding subsection 3.3(a), Article 5 is not legally binding upon the IRC, in whole or in part, unless and until the IRC otherwise agrees in writing with the other Parties to be bound by Article 5 or any specific provision of Article 5. The IRC may, in its discretion, voluntarily comply with Article 5, in whole or in part, in the interests of efficient management and administration, and efficient and economic exploration, development and production, of Petroleum resources in the ISR.
  • If either of Canada or the GNWT enacts legislation which has a material adverse effect on any of the rights or obligations of the IRC under this Agreement the Parties must, upon 30 days' notice from the IRC, meet to discuss the IRC's concerns and attempt to address such concerns. If, within one year from the date of such notice, the IRC, acting reasonably, is of the opinion that its concerns have not been satisfactorily addressed, the IRC may, upon 30 days' notice, cease to be a Party to this Agreement and be released from any obligations of the IRC pursuant to this Agreement, except any obligations of the IRC arising from provisions of this Agreement which expressly survive its termination.
  • Nothing in this Agreement is intended to create any right or benefit, substantive or procedural, enforceable at law by any person or organization, other than a Party, against any Party, its agencies or officers, the Regulator, or any other person.
  • For greater certainty, this Agreement does not limit the ability of a Party to enter into any other agreement or arrangement, with any person or party, with regard to the management, administration and development of Petroleum resources in the ISR that is not inconsistent with or in conflict with the terms of this Agreement.
  • Nothing in this Agreement affects any rights or obligations of a Party under the IFA. If an inconsistency or conflict arises between a provision of this Agreement and a provision of the IFA, the provision of the IFA prevails to the extent of the inconsistency or conflict.

3.4 Coming Into Force

  • This Agreement takes effect on the date the Devolution Agreement comes into effect and remains in effect for an initial term of 20 years. This Agreement shall automatically renew for successive periods of 20 years unless, prior to the expiry of each 20 year term, the Parties agree to replace this Agreement with a successor agreement or agree to terminate this Agreement.
  • Unless otherwise agreed by the Parties, if this Agreement is terminated in accordance with its terms:
    • such termination shall not affect any existing interest subject to this Agreement, or any other agreement concluded pursuant to this Agreement, including, but not limited to, a Unitization Agreement or any agreement submitted to or otherwise under review by the Parties pursuant to this Agreement at the time of termination of this Agreement, and any such agreement shall remain, or become and then remain, as the case may be, in full force and effect in accordance with its terms;
    • the provisions of this Agreement shall continue to govern the relationship among the Parties with respect to any Unitization Agreement, or any other agreement concluded pursuant to this Agreement, for the duration of those agreements;
    • the provisions of this Agreement shall continue to apply to any licence, right, interest or authorization issued by a Party or a Regulator after the Transfer Date and prior to termination of this Agreement; and
    • the obligations of the Parties set out in section 3.8 concerning confidentiality shall continue to apply.

3.5 Amendment and Review

  • This Agreement, and any agreements among the Parties supplemental or ancillary to this Agreement, may be amended at any time by unanimous written agreement among the Parties, and Canada and the GNWT may by mutual written agreement amend any provision of those agreements to which the IRC is not a party or by which the IRC is not legally bound.
  • Through the Committee, the Parties shall review this Agreement on an ongoing basis but not less than every five years commencing from and after the Transfer Date, with respect to whether:
    • this Agreement is furthering the purposes of this Agreement, including the coordination and cooperation arrangements agreed to pursuant to this Agreement;
    • there are any advisable amendments to this Agreement, including any amendments necessary to reflect any changes to legislation applicable in the Onshore or the Offshore; or
    • there is a continuing need for this Agreement.

3.6 Regulator

  • The Devolution Agreement shall require that, for the initial term of 20 years referred to in subsection 3.4(a), the GNWT shall introduce into the Legislative Assembly and support as a government measure legislation which provides that the National Energy Board continues as the regulator with respect to Petroleum resources in the Onshore in the ISR, including acting as the Regulator as defined in this Agreement.
  • If, following the initial term of 20 years referred to in subsection 3.6(a), the GNWT provides for a regulator to replace the National Energy Board with respect to the Onshore in the ISR, the Parties shall amend the definition of Regulator and any other provision of this Agreement as may be necessary.

3.7 Costs

  • Each Party shall be responsible for its own costs incurred in participating under, and fulfilling the commitments set out in, this Agreement.

3.8 Confidentiality

  • Subject to any applicable provision relating to disclosure of information in any law, any Party or Regulator that receives information designated by a Disclosing Party as being confidential or proprietary must not disclose that information publicly or to any third parties other than a Regulator, and then only where required by or under this Agreement and only for the purposes set out in this Agreement.
  • Each Party shall, either as a requirement pursuant to legislation or as a term of a disposition of an Interest in Petroleum in the Notification Area or in respect of a Straddling Area or Straddling Resource, require the Interest Holder to permit the disclosure by the Party of any confidential, privileged or proprietary information to the other Parties and the Regulator in accordance with the sharing of information as contemplated in this Agreement. The Parties shall maintain the confidentiality of such information in accordance with subsection 3.8(a), and shall request the Regulator to maintain the confidentiality of such information.

3.9 Notices and Communication

  • Any notice to be given or communication made to a Party pursuant to this Agreement shall be in writing and shall be considered to have been effectively given or made if delivered to such Party:
    • by hand delivery, either to the individual designated in Annex I for such Party, or to an individual having apparent authority to accept deliveries on behalf of such Party at its address set out in Annex I;
    • by fax,
    • by electronic mail,

      at or to the applicable addresses or electronic mail addresses, set out opposite the Party's name set out in Annex I or at or to such other address or electronic mail address for a Party as such Party may from time to time designate to the other Parties in the same manner.

  • A notice or communication shall be considered to have been received:
    • if hand delivered: during business hours on a Business Day, delivered to the individual designated in Annex I for that Party, or to an individual having apparent authority to accept deliveries on behalf of that Party at its address set out in Annex I, and if not delivered during business hours, upon the commencement of business on the next Business Day;
    • if sent by facsimile transmission: on the day of transmission if that day is a Business Day and the transmission was made before 5:00 p.m. local time in the place of receipt, and otherwise on the next Business Day;
    • if sent by electronic mail; on the day of delivery, if that day is a Business Day and the electronic mail was delivered to the recipient prior to 5:00 p.m. local time in the place of receipt, and otherwise, on the next Business Day.

3.10 Languages of this Agreement

  • This Agreement has been made in both the English and French languages and each of the English and French language versions of this Agreement are equally authoritative in accordance with the Official Languages Act (Canada).

Article 4
General Provisions Related to Coordination and Cooperation

4.1 ISR Oil and Gas Coordination Committee

  • The Parties shall establish pursuant to this Agreement the ISR Oil and Gas Coordination Committee, which Committee shall carry out the roles and responsibilities assigned to it under this Agreement.
  • The Committee is comprised of three members. Each Party shall appoint one senior official responsible for and experienced in the management and administration of Petroleum resources as the Party's representative on the Committee. Each Party may also designate an alternate representative who may act in the place of that Party's representative.
  • The chair of the Committee, for meeting purposes, shall rotate alternatively among the representatives of the Parties on an annual basis, commencing with Canada, followed by the IRC and then the GNWT. The Chair shall be responsible for chairing meetings of the Committee and shall prepare and distribute minutes of such meetings and records of decision of the Committee.
  • The Committee shall meet at locations to be agreed by the Committee or, alternatively, through electronic forms of meeting, including conference calls and video-conferences.
  • Unless the Parties agree otherwise, a quorum of the Committee shall be comprised of a representative of each Party in attendance in person or by a means contemplated in subsection 4.1(d) 0 .
  • An ad hoc meeting may be called by a Party to address urgent, unexpected, emergency or other pressing issues. The ad hoc meeting shall occur as soon as practicable after the Party requests the meeting.
  • Each Party shall be responsible for maintaining its own files and records.
  • The Party whose representative is chair of a meeting shall be responsible for the costs of holding that meeting and each Party shall be responsible for its own costs of participating in the meetings.
  • The Committee shall meet as often as required, but no less than once annually, in order to review, respond to or otherwise provide advice to the Parties on matters arising under this Agreement. Any recommendations made or agreements or decisions reached by the Committee are subject to ratification and implementation by each Party.
  • The representatives of the Parties on the Committee may provide direction or delegate operational activities or policy initiatives, including planning in respect of matters described in this Agreement, to their respective officials where prior referral to the Parties is not required or where there is a need to understand these activities or initiatives more clearly prior to referral to the Parties.
  • The Parties may by mutual agreement establish additional administrative practices which are consistent with the purposes of this Agreement.
  • The Parties may invite the Regulator to participate in meetings of the Committee where appropriate.
  • Subject to the confidentiality requirements of section 3.8, the Committee may consult with or seek the participation of other parties or Experts on matters related to this Agreement.

4.2 Key Elements of Information Sharing

  • Through meetings of the Committee, the Parties shall share information for the purpose of cooperating in respect of and coordinating the management and administration of Petroleum resources in the ISRwith regard to :
    • rights issuances including, but not limited to, timing and areas to be considered for calls for nominations and bids for licences or other corresponding processes;
    • consultation on rights issuances;
    • information and public announcements with regard to rights issuances;
    • processes and protocols preceding the issuance of exploration licences, declarations of significant or commercial discovery, significant discovery licences and production licences or their territorial equivalents, and such other corresponding rights as are issued by the IRC in respect of Inuvialuit Lands;
    • terms and conditions of licences, including, but not limited to: duration, work requirements, allowable expenditures for exploration activities, rentals, and any changes or amendments to licences such as consolidations, and other practices related to rights issuance, management or administration;
    • environmental assessment;
    • filing requirements for exploration, drilling and production activities within their respective jurisdictions;
    • Benefits Plans and Participation Agreements;
    • information sharing protocols for exploration and production among the Parties and the Regulator;
    • exploration and production activities within their respective jurisdictions;
    • considerations relating to the IFA, including, in particular, understanding the key elements and provisions of the IFA that affect, and are affected by, Petroleum activity in the ISR and protocols for;
    • Petroleum royalty regimes, including the treatments of costs, and processes for royalty calculation;
    • consultation on amendments to federal and territorial legislation or regulations related to Petroleum management and administration in the ISR;
    • identifying priority research areas, data, and engagement with stakeholders to support sustainable Petroleum development and decision-making; and
    • any other Petroleum resource management matter in respect of which the Parties consider it appropriate to share information, consult, cooperate and/or coordinate.

4.3 Cooperation with the Regulator

  • It is the intention of the Parties that nothing in this Agreement shall interfere with or fetter the independence or jurisdiction of the Regulator as provided by legislation. The Parties shall approach and work co-operatively with the Regulator for the purpose of developing appropriate procedures relating to the application of this Agreement to or by the Regulator.

Article 5
Coordinated Management, Administration and Development of Straddling Areas and Straddling Resources

5.1 Interpretation

  • In this Article 5:
    • If the IRChas not given notice under subsection 3.3(b) that it wishes to be bound by this Article 5 (or any specific provision hereof):
      • "Party" means Canada or the GNWT individually and "Parties" means Canada and the GNWT; and
      • "Affected Party" means a Party, as defined in paragraph 0 , which has administration and control of a Petroleum resource which forms part of a Straddling Resource; and
    • if the IRChas given notice under subsection 3.3(b) that it wishes to be bound by this Article 5 (or any specific provision hereof):
      • "Party" means Canada, the GNWT or the IRC individually and "Parties" means all or any two of Canada, the GNWT or the IRC; and
      • "Affected Party" means a Party as defined in paragraph 5.1(b)(i) which owns or has administration and control of a Petroleum resource which forms part of a Straddling Resource.

5.2 Area of Application

  • This Article 5 applies to the Notification Area, Straddling Areas and Straddling Resources in the ISR.

5.3 Notification of a Potential Straddling Resource

  • Where the data obtained from surveys or drilling results in the Notification Area provides sufficient information for the Regulator to consider whether a Pool or Field exists or does not exist, the legislation referred to in subsection 7.1(a) shall provide that the Regulator shall determine whether a Pool or a Field is a Straddling Resource and shall forthwith notify the Parties of its findings and upon request, provide all related information, results and data to the Parties as may be required or requested.

5.4 Proof of a Straddling Resource

  • A determination by the Regulator that a Pool or Field is a Straddling Resource is sufficient proof that such Pool or Field is a Straddling Resource for the purposes of and as defined in this Agreement.
  • Following the determination by the Regulator that a Pool or Field is a Straddling Resource, the Affected Parties shall, upon request, share with the other Affected Parties, information, results and data as may be relevant to the proper and efficient management, administration and development of the Pool or Field.

5.5 Unitization of a Straddling Resource

  • Where the Regulator has determined that a Pool or Field is a Straddling Resource, an Affected Party, upon being informed by an Interest Holder or the Regulator that the Interest Holder intends to develop the Pool or Field to produce Petroleum, shall forthwith notify the other Affected Parties of the Interest Holder's intentions.
  • Any Affected Party may, by notice to the other Affected Parties, require of the other Affected Parties in accordance with the unitization processes set out in this Article 5, or as may otherwise be agreed by the Parties, that any Pool or Field that is a Straddling Resource be exploited as a single unit.
  • An exploration or drilling program related to the exploration of a Straddling Resource shall, to the extent practicable, be considered and managed as a single exploration or drilling program, and shall be considered as such for the purpose of discharging exploration and drilling obligations under any Interest where applicable.
  • Where unitization is required by an Affected Party pursuant to subsection 5.5(b), the Affected Parties shall require the Interest Holder(s) to enter into a Unitization Agreement with the Affected Parties. No development plan shall be approved or consented to prior to a Unitization Agreement being concluded.
  • If it becomes apparent after production commences that a Pool or Field is a Straddling Resource, the Affected Party in whose jurisdiction the Pool or Field is being produced shall forthwith notify the other Affected Parties whose jurisdictions the Pool or Field straddles and either of the other Affected Parties may request that the Straddling Resource be exploited as a single unit in accordance with section 5.5 and, if they have not already done so, to enter into a Unitization Agreement as provided in this Agreement with the Affected Parties and all other Interest Holder(s), if any, in the Straddling Resource.
  • A Unitization Agreement shall be concluded pursuant to subsection 5.5(d) or subsection 5.5(e) with all Affected Parties and Interest Holders in the Straddling Resource and shall provide, inter alia for:
    • the conjoining of their respective rights and interests in the Straddling Resource as provided in the legislation;
    • sharing the costs and benefits among the Interest Holder(s) relating thereto;
    • operating the Straddling Resource as a single unit;
    • determination of the unit operator from among the Interest Holders;
    • the distribution, extent and estimated total Petroleum reserves of the Straddling Resource;
    • the apportionment between or among the affected jurisdictions of the Petroleum resources comprising the Straddling Resource to provide for the apportionment of production for royalty calculation purposes, which apportionment of production shall reflect the apportionment of Petroleum resources between or among the jurisdictions unless the Parties otherwise agree in writing; and
    • the apportionment of costs for royalties calculation purposes shall reflect the apportionment of Petroleum resources as determined or agreed upon under paragraph 5.5(f)(vi).
  • Where there is common ownership holding exclusive Interests in more than one jurisdiction for the entire Straddling Resource, the Affected Parties shall require the holder of those Interests to conclude a Unitization Agreement with the Affected Parties.
  • If there is no Interest Holder in a jurisdiction in which a Straddling Resource straddles, the Affected Party for that jurisdiction shall represent that area in the processes contemplated by this Agreement until such time as an Interest is awarded for that area. The Affected Party for that jurisdiction shall make all reasonable efforts to award an Interest in the area as soon as is practicable.
  • If the Affected Parties and any Interest Holders are unable to reach agreement on a Unitization Agreement within 90 days of the date of delivery of a notice pursuant to subsection 5.5(b) or subsection 5.5(e), an Affected Party may request that the matter be resolved by an Independent Expert in accordance with the procedure set out in Article 6, mutatis mutandis.
  • An Affected Party or an Interest Holder shall have the right to request a redetermination of the apportionment of production of the Straddling Resource between or among the Offshore, Inuvialuit Lands, and the Onshore outside of Inuvialuit Lands, as applicable, or one or more of the elements set out in this section 0 according to conditions specified in the Unitization Agreement. Any redetermination shall have effect only on a prospective basis with respect to future production.
  • Unless terminated earlier by agreement of the Parties that are party to such an agreement, a Unitization Agreement or any other agreement concluded pursuant to this Agreement shall remain in force until the later of the date on which:
    • commercial production ends from all Straddling Resources to which any Unitization Agreement applies; and
    • there are no longer any outstanding obligations with respect to decommissioning or abandonment of any part of the production system in a Straddling Resource to which any Unitization Agreement applies.

5.6 Royalty Charges

  • The Parties agree not to charge a royalty, tax or similar levy on any share of Petroleum produced from the jurisdiction of another Party as apportioned under a Unitization Agreement, without prior written agreement of that other Party, notwithstanding the location of the installations from which the Petroleum is produced.

Article 6
Issues and Dispute Resolution

6.1 Identification of Issues

  • If a Party believes that an issue has arisen related to the implementation of this Agreement or any other agreement supplemental or ancillary to this Agreement, the Party may refer the matter to the Committee with the objective of early identification and resolution of the issue.
  • In this Article 6, "Dispute" means a dispute among the Parties, or between any two of the Parties, in respect of the interpretation, application or implementation of this Agreement or any agreement entered into pursuant to or in furtherance of this Agreement, but excludes any dispute arising under this Agreement that is within the jurisdiction of the Arbitration Board under section 18 of the IFA.
  • Unless the Parties to a dispute otherwise agree, disputes under this Agreement involving matters within the jurisdiction of the Arbitration Board under Section 18 of the IFA shall be determined under the dispute resolution procedures set out in Section 18 of the IFA.

6.2 Dispute Resolution

  • If a Dispute arises, the Parties to the Dispute shall first attempt to resolve the Dispute through negotiation.
  • If a Dispute is not resolved through negotiation within 90 days, and the Dispute is not required to be referred to an Independent Expert pursuant to section 6.3, the Dispute shall be referred for resolution by arbitration in accordance with this subsection 6.2(b):
    • on written demand of any Party to the Dispute, the Parties to the Dispute shall attempt to appoint a single arbitrator. If the Parties are unable to agree on a single arbitrator within 60 days, then each Party shall name an arbitrator;
    • where there are only two Parties to the arbitration so that only two arbitrators are named pursuant to paragraph 6.2(b)(i), those two arbitrators shall promptly choose a third arbitrator.
    • if any Party shall fail to name an arbitrator within 10 days following the initial 60 day period provided in paragraph 6.2(b)(i) then the requisite second or third arbitrator, as the case may be, shall be appointed by a Justice of the Supreme Court of the Northwest Territories;
    • the single arbitrator or arbitrators selected to act under this Agreement shall be qualified by education and training to determine the particular issue in dispute;
    • the single arbitrator or arbitrators shall proceed immediately to hear and determine the issue or issues in dispute and shall render a decision to each of the Parties to the arbitration within 120 days after the appointment of the last arbitrator, subject to any reasonable delay due to unforeseen circumstances;
    • notwithstanding the foregoing, in the event the single arbitrator, the arbitrators, or a majority of them, fails to render a decision within 120 days after the appointment of the last arbitrator, then any Party to the arbitration may elect upon written notice to the other Parties to the arbitration to have a new single arbitrator or arbitrators chosen in like manner as if none had previously been selected;
    • the decision of the single arbitrator, or the decision of the arbitrators, or a majority of them, shall be in writing setting out fully detailed reasons therefor and signed by the single arbitrator, or by the arbitrators, or a majority of them and it shall be binding on the Parties as to the issue or issues submitted to arbitration;
    • the compensation and expenses of a single arbitrator or arbitrators shall be paid in equal portions by the Parties to the arbitration; and
    • save as otherwise expressly provided in this Agreement, the provisions of the Arbitration Act (Northwest Territories) shall apply to arbitrations under this Article 6 and if there is conflict between a provision of this Article 6 and a provision of the Arbitration Act (Northwest Territories), the provision of this Article 6 shall prevail.

6.3 Dispute Resolution by Independent Expert

  • In the event of a Dispute regarding a matter which a Party to the Dispute determines in its discretion that recourse to an Expert is more appropriate due to the complexity, technical or scientific nature of the subject matter, the Dispute shall be referred to a single Independent Expert which possesses advanced knowledge or skill and extensive expertise in respect of the subject matter of the Dispute for resolution and decision in accordance with the provisions of Annex II of this Agreement.

Article 7
Legislation and other General Matters

7.1 Legislative Measures

  • In order to give effect to the provisions of this Agreement, Canada shall introduce into Parliament and support as a government measure, legislation necessary to:
    • amend the Canada Oil and Gas Operations Act, and the Canada Petroleum Resources Act and any regulations made under those Acts, as required;
    • implement certain aspects of this Agreement as required; and
    • make consequential amendments to other federal legislation, including the National Energy Board Act, as required.
  • In order to give effect to the provisions of this Agreement, the GNWTshall introduce into the Legislative Assembly and support as a government measure, legislation to:
    • substantially mirror the legislation and regulations amended pursuant to paragraph 7.1(a)(i);
    • establish the National Energy Board as the Regulator for the purposes of this Agreement, particularly as the Regulator in the ISR within the Onshore; and
    • make consequential amendments to other territorial legislation as required.

7.2 Severability

  • Unless otherwise determined by a court of competent jurisdiction, if any provision of this Agreement is rendered invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be considered by any of the Parties to be affected or impaired.
  • If a court of competent jurisdiction finally determines that any provision of this Agreement is invalid, illegal or unenforceable, the Parties shall make their best efforts to amend the Agreement to remedy or replace the provision.

7.3 Governing Law

  • This Agreement shall be governed by and construed in accordance with the laws of the Northwest Territories and the laws of Canada applicable in the Northwest Territories.
  • Nothing in subsection 7.3(a) shall be construed so as to limit the jurisdiction of any other court, including the Federal Court of Canada, as that court's jurisdiction may be set forth from time to time in the legislation establishing the court.

7.4 Further Assurances

  • The Parties shall with reasonable diligence do all things and provide all further documents or instruments as may be reasonably necessary or desirable to give effect to this Agreement and to carry out its provisions.

7.5 Waiver

  • No waiver of satisfaction of a condition or non-performance of an obligation under this Agreement is effective unless it is in writing and signed by the Party granting the waiver. No waiver under this section 7.5 affects the exercise of any other rights under this Agreement.

7.6 Headings

  • The headings in this Agreement have been inserted for convenience only and are not to affect the interpretation of this Agreement.

7.7 Counterparts

  • This Agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Counterparts may be transmitted by facsimile transmission or in electronically scanned form. A Party that has transmitted an executed counterpart by facsimile transmission or electronically shall also deliver an original counterpart to each of the other Parties, but failure to do so shall not invalidate this Agreement.

Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvaluit Settlement Region.

Agreement signed on June 25, 2013
In Inuvik, NWT, by

For the Government of Canada

 

__________________________________________
Hon. Bernard Valcourt PC MP
Minister of Indian Affairs and Northern Development

 

 

__________________________________________
Witness

For the Government of The Northwest Territories

 

__________________________________________
Hon. Robert McLeod
Premier

 

 

__________________________________________
Witness

For the Inuvaluit Corporation

 

__________________________________________
Nellie Cournoyea
Chair and Chief Executive Officer

 

 

__________________________________________
Witness

Annex I

Contacts

If to Canada:
Director General
Northern Petroleum and Mineral Resources Branch
Aboriginal Affairs and Northern Development Canada
25 Eddy Street, 10th Floor
Gatineau QC K1A 0H4
Fax: 819-934-6375
Email: mimi.fortier@aadnc-aandc.gc.ca

If to the GNWT:
Deputy Minister
Department of Aboriginal Affairs and Intergovernmental Relations
Government of the Northwest Territories
PO Box 1320
Yellowknife, NT X1A 2L9
Fax: 867-873-0233
Email: Martin_Goldney@gov.nt.ca

If to the IRC:
Chair & CEO
Inuvialuit Regional Corporation
Bag Service #21
Inuvik NT X0X 0T0
Fax:
Email:

Annex II

Independent Expert Procedure

1. This Annex II applies to:

  • A matter requested by an Affected Party to be resolved by an Independent Expert pursuant to subsection 5.5(i); and
  • Disputes referred to an Independent Expert under section 6.3.

2. No later than 90 days following the request of a Party to submit the Dispute to an Independent Expert, the Parties to the Dispute (hereinafter in this Annex II, the "Parties" and any one of such Parties, a "Party") shall appoint the Independent Expert.

3. The Independent Expert shall be chosen by agreement between or among the Parties from persons who possess advanced knowledge or skill and extensive expertise and experience in the field or in respect of the matter in regard to which the Dispute has arisen and who have no conflict of interest.

4. If, by the end of the 90 day period specified in paragraph 2 of this Annex II, no agreement has been reached over the choice of the Independent Expert, each Party shall submit to the other Party or Parties the names of two Independent Experts, and the Parties shall within 30 days of the exchange of submissions select the Independent Expert from the submissions by drawing lots.

5. If the Independent Expert to be appointed is unable or unwilling to act or fails, in the opinion of the Parties, to act within a reasonable period of time to decide the matter in question, then the Parties shall apply once again the procedure provided for in paragraphs 3 and 4 of this Annex II.

6. If, within the time specified under this Annex II, a Party fails to respond to any request or notice, such Party shall be deemed to have waived its rights to participate in the process for appointing an Independent Expert set out in this Annex II, but nevertheless shall be bound by the actions of the other Party or Parties in selecting an Independent Expert and by the decision of the Independent Expert.

7. The task of the Independent Expert shall be to reach an independent determination of the matters in Dispute submitted to the Independent Expert by the Parties.

8. The Independent Expert may, with the prior written consent of the Parties, engage an independent contractor or contractors to perform work necessary to enable the Independent Expert to reach a decision.

9. The fees and disbursements of the Independent Expert, including the cost of any independent contractor or contractors approved by the Parties under paragraph 8 of this Annex II, shall be borne equally by the Parties involved in the Dispute.

10. All meetings of the Independent Expert with representatives of a Party shall include the chosen representatives of the other Party or Parties. All communications among the Parties and the Independent Expert outside of meetings shall be conducted in writing, and a person communicating with the Independent Expert shall at the same time copy the communication to the other Party or Parties.

11. A Party may be assisted by any Interest Holders holding Interests issued by that Party.

12. The Independent Expert shall render a preliminary decision within 90 days following the date of the appointment of the Independent Expert, or within any other period agreed to by the Parties. The preliminary decision shall be accompanied by supporting reasons and documentation needed to allow the Parties to assess the decision adequately.

13. Each Party (in this paragraph the "Requesting Party") shall have the right, within 60 days following its receipt of the preliminary decision, to request that the Independent Expert clarify or reconsider the decision of the Independent Expert as well as the supporting reasons and documentation, and to make additional submissions to the Independent Expert for the Independent Expert's consideration. In the event of a request and further submissions, the other Party or Parties shall, within 15 days after receipt of a copy of the Requesting Party's submissions, have the right to make further submissions.

14. Each Party shall require Interest Holders holding Interests issued by that Party to cooperate fully in supplying information and otherwise facilitating any determination or redetermination performed by the Independent Expert.

15. The Independent Expert shall issue a final decision in writing on the matter in Dispute no later than 120 days after having rendered the preliminary decision.

16. The Independent Expert shall review all communications and submissions made by the Parties before rendering any interim or final decision in respect of the Dispute.

17. In the final decision, the Independent Expert shall provide fully detailed reasons for the decision. The final decision shall be final and binding on the Parties and may not be challenged by appeal or review in any court except on the ground that the Independent Expert erred in law or exceeded the Independent Expert's jurisdiction. Each Party agrees to implement the final decision in accordance with its terms.

18. The Parties shall require that the Independent Expert and any independent contractor hired by the Independent Expert take all reasonable steps to maintain the confidentiality of all information supplied to them.

19. Where a person has acted as an Independent Expert in a Dispute,

  • the person may not be called to give evidence, and is not compellable as a witness, in legal proceedings related to the Dispute; and
  • the person's notes or records related to the Dispute are not admissible as evidence in any legal proceedings related to the Dispute.