Nunavut Land Claims Agreement

ARTICLE 10

LAND AND RESOURCE MANAGEMENT INSTITUTIONS

PART 1
TIMETABLE

10.1.1
The Government of Canada undertakes that the following institutions will be established as institutions of public government in accordance with the Agreement, according to the following timetable:

(a)
the Surface Rights Tribunal (Tribunal), six months after the date of ratification of the Agreement, unless established at an earlier date; and

(b)
the following institutions, namely

(i)
the Nunavut Impact Review Board (NIRB),

(ii)
the Nunavut Planning Commission (NPC), and

(iii)
the Nunavut Water Board (NWB),

on the second anniversary of the date of ratification of the Agreement, unless established at an earlier date.

10.1.2
Without in any way limiting the obligation of the Government of Canada, the institutions referred to in Section 10.1.1 shall be established by legislation of the Legislative Assembly to the extent that it has jurisdiction.

PART 2
MANNER OF IMPLEMENTATION

10.2.1
All substantive powers, functions, objectives and duties of the institutions referred to in Section 10.1.1 shall be set out in statute. Matters that do not touch upon the substantive powers, functions, objectives, duties, membership ratios and manner of appointment of members of the institutions, may be implemented through regulation, but the discretion to implement through regulation shall in no way be construed so as to broaden the powers set out in Section 10.6.1 and Section 10.7.1.

PART 3
ADDITIONAL DUTIES

10.3.1
Legislation relating to the institutions referred to in Section 10.1.1 may provide for other matters not dealt with in Articles 11, 12, 13 and 21, and may assign additional powers, functions, objectives or duties to the said institutions.

PART 4
CO-ORDINATION WITH ADJACENT INSTITUTIONS

10.4.1
Legislation may, subject to any matter contained in the Agreement, enable the institutions referred to in Section 10.1.1 to coordinate the discharge of their powers, functions or duties with other similar institutions having jurisdiction over areas adjacent to the Nunavut Settlement Area.

PART 5
DISCLOSURE OF INFORMATION

10.5.1
The institutions referred to in Section 10.1.1 shall in obtaining and disclosing information be subject to laws of general application relating to confidentiality of and access to information as if they were government departments.Where Government has a discretion to disclose any information to the institution, or an institution has a discretion to disclose information to a member of the public, it shall take into account the objects of the Agreement in exercising that discretion.

PART 6
CONSOLIDATION AND REALLOCATION

10.6.1
Notwithstanding any other provision of the Agreement, the Parliament of Canada or the Legislative Assembly, insofar as each has authority to do so, may by statute consolidate or reallocate the functions of the institutions referred to in Section 10.1.1, or enable the consolidation of hearings conducted by the institutions, but any such statute shall not diminish or impair the combined powers, functions, objectives or duties of the said institutions, or increase the powers of Government in relation thereto, and, without limiting the generality of the limitation, such statute shall,

(a)
preserve the following as discrete functions

(i)
planning policy functions,

(ii)
land use planning functions

(iii)
screening functions,

(iv)
development impact review functions, and

(v)
water use approval functions, except that these functions need not be discrete from development impact review functions;

(b)
not alter any requirement that a project proposal conform to or with a Land Use Plan or is exempt from such requirement before any decision to screen a project proposal is made;

(c)
except where the Agreement otherwise permits, not alter any requirement that a project proposal be screened, or screened and reviewed, as the case may be, before any approval, licence or project certificate is granted;

(d)
not reduce the level of monitoring provided for in the Agreement;

(e)
not adversely affect the ability of the said institutions to obtain relevant information or exercise subpoena powers where provided for in the Agreement;

(f)
not reduce the level of public participation or adversely affect the ability of members of the public to participate in the proceedings of the said institutions;

(g)
not alter the right of a member of the public to be heard by the said institutions in Inuktitut, or alter the obligation of the said institutions to conduct their business in Inuktitut; and

(h)
preserve the membership ratios of the institutions.

10.6.2
The consolidation and reallocation powers outlined in Section 10.6.1 shall come into effect three years after the establishment of the relevant institutions referred to in Section 10.1.1. In the period prior to these powers coming into effect, such consolidation or reallocation shall require the prior written approval of the DIO.

PART 7
VARYING CERTAIN ADMINISTRATIVE MATTERS

10.7.1
Notwithstanding any other provision of the Agreement, the Parliament of Canada or the Legislative Assembly, insofar as each has authority to do so, may by statute vary from the provisions of the Agreement relating to the institutions referred to in section 10.1.1, with respect to the following administrative matters:

(a)
the total number of members, provided that the number to be appointed upon nomination by a Designated Inuit Organization (DIO) respects the membership ratio and the opportunity for regional representation;

(b)
the terms of office of members or the reappointment of members, provided there is reasonable continuity in membership;

(c)
information to be provided to an institution, subject to the limitation set out in Sub-section 10.6.1(e);

(d)
the authority of an institution in respect of officers and experts; and

(e)
with respect to the provisions of Article 12

(i)
the extension or, with the approval of NIRB, shortening of deadlines for actions,

(ii)
the number of members required for a quorum for NIRB,

(iii)
matters governed by Section 12.5.3 and by by-laws made by NIRBreferred to in Section 12.2.23, subject to the limitations set out in Subsections 10.6.1(e), (f) and (g), and

(iv)
the list of matters NIRB is required to take into account when reviewing a project proposal provided the ability of NIRB to take into account matters relevant to its mandate is not impaired.

10.7.2
Notwithstanding any other provision of the Agreement, where the Parliament of Canada or Legislative Assembly has allowed for the administrative matters referred to in Section 10.7.1 to be regulated by the Governor-in-Council or Commissioner- in-Executive Council, their regulations may vary from provisions of the Agreement with respect to administrative matters referred to in Section 10.7.1 subject to the limitations specified therein.

10.7.3
The powers to vary referred to in Sections 10.7.1 and 10.7.2 shall come into effect one year after the establishment of the relevant institutions referred to in Section 10.1.1. In the period prior to these powers coming into effect, such variance shall require the prior written approval of the DIO.

PART 8
CONSULTATION

10.8.1
Government shall consult closely with the DIO and the relevant institution referred to in Section 10.1.1 prior to taking any initiative under Sections 10.6.1, 10.7.1 or 10.7.2. The appropriate DIO or institution shall, upon request, be given an audience with the appropriate Minister as part of such consultation.

PART 9
INTERVENOR FUNDING

10.9.1
The Agreement shall in no way prejudice the ability of Inuit to benefit from any programs of intervenor funding that may be in place from time to time.

PART 10
DELAY IN LEGISLATION

10.10.1
Where the legislation to establish any of the institutions referred to in Section 10.1.1 is not in effect by the first anniversary of the date specified for their establishment,

(a)
in respect of the Tribunal, the Minister shall appoint persons as members of the Tribunal; and

(b)
in respect of NIRB, the NPC or the NWB, the provisions of the Agreement respecting the appointment of the members of that institution shall be considered to be in effect on that anniversary date, and upon their appointment, those members shall be considered to have, for all purposes of law, all the powers and duties described in the Agreement.

10.10.2
Without in any way limiting Section 10.2.1, or any other relevant provisions of the Agreement, where an institution is established under Section 10.10.1, Government may provide, by regulation or order, for any matter in relation to that institution, not inconsistent with those powers and duties, to facilitate the operation of that institution.

10.10.3
Government may, at any time, re-establish in the manner provided for in, and consistent with, the other Parts of this Article, any institution established under Section 10.10.1.