Nunavut Land Claims Agreement

ARTICLE 2

GENERAL PROVISIONS

PART 1
PRINCIPLES AND OBJECTIVES

2.1.1
The Agreement is based on and reflects the principles and objectives set out in the Preamble.

PART 2
STATUS AS A LAND CLAIMS AGREEMENT

2.2.1
The Agreement shall be a land claims agreement within the meaning of Section 35 of the Constitution Act, 1982.

PART 3
MERGER

2.3.1
It is the intention of the parties that the rights of the Inuit in the Agreement shall not merge in any legislation enacted to ratify or implement the Agreement.

PART 4
RATIFICATION

2.4.1
Ratification of the Agreement by Canada and Inuit in accordance with Article 36 is a condition precedent to the validity of the Agreement and, in the absence of such ratification, the Agreement shall be null and void and of no effect.

PART 5
COMING INTO FORCE

2.5.1
The Agreement shall come into force upon its ratification by both parties.

PART 6
UNDERTAKINGS AS TO FURTHER LEGISLATIVE ACTION

2.6.1
Government shall consult closely with a DIO in the preparation of any legislation proposed to implement the Agreement, including any amendments to implementing legislation.

PART 7
CERTAINTY

2.7.1
In consideration of the rights and benefits provided to Inuit by the Agreement, Inuit hereby:

(a)
cede, release and surrender to Her Majesty The Queen in Right of Canada, all their aboriginal claims, rights, title and interests, if any, in and to lands and waters anywhere within Canada and adjacent offshore areas within the sovereignty or jurisdiction of Canada; and

(b)
agree, on their behalf, and on behalf of their heirs, descendants and successors not to assert any cause of action, action for a declaration, claim or demand of whatever kind or nature which they ever had, now have or may hereafter have

against Her Majesty The Queen in Right of Canada or any province, the government of any territory or any person based on any aboriginal claims, rights, title or interests in and to lands and waters described in Sub-section (a).

2.7.2
Nothing in the Agreement constitutes an admission or denial by Canada that Inuit have any aboriginal claims, rights, title or interests in and to lands and waters as described in Sub-section 2.7.1(a) outside the Nunavut Settlement Area.

2.7.3
Nothing in the Agreement shall:

(a)
be construed so as to deny that Inuit are an aboriginal people of Canada, or, subject to Section 2.7.1, affect their ability to participate in or benefit from any existing or future constitutional rights for aboriginal people which may be applicable to them;

(b)
affect the ability of Inuit to participate in and benefit from government programs for Inuit or aboriginal people generally as the case may be; benefits received under such programs shall be determined by general criteria for such programs established from time to time; or

(c)
affect the rights of Inuit as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other citizens applicable to them from time to time.

PART 8
LANGUAGES OF THE AGREEMENT

2.8.1
There shall be Inuktitut, English and French versions of the Agreement. The English and French versions shall be the authoritative versions.

PART 9
INTERPRETATION

2.9.1
The several Articles of the Agreement shall be read together and interpreted as one agreement.

2.9.2
The Agreement shall be the entire agreement and there is no representation, warranty, collateral agreement or condition affecting the Agreement except as expressed in it.

2.9.3
There shall not be any presumption that doubtful expressions in the Agreement be resolved in favour of Government or Inuit.

2.9.4
The several Articles in the Agreement shall be construed, with such modifications as the circumstances require, according to the Interpretation Act R.S.C. 1985, c.I-21

PART 10
GOVERNMENTAL POWERS

2.10.1 - Transfers of Powers Within Same Government
Any power vested in a Minister of the Government of Canada or in a Minister of the Executive Council of the Territorial Government, pursuant to the provisions of the Agreement, may be transferred to another Minister of the Government of Canada, or to another Minister of the Executive Council of the Territorial Government, respectively. A DIO shall be given notice of such transfer.

2.10.2 - Transfer of Powers Between Governments
Nothing in the Agreement shall restrict the authority of the Government of Canada to devolve or transfer powers or jurisdiction to the Territorial Government, provided that the devolution or transfer shall not abrogate or derogate from any rights of Inuit in the Agreement.

2.10.3 - Creation of a Province Not to Abrogate or Derogate from Rights
The Government of Canada undertakes that the creation or extension of a province that encompasses all or part of the Nunavut Settlement Area shall not abrogate or derogate from any rights of Inuit in the Agreement.

2.10.4 - Identification of Government Official
Without diminishing or otherwise altering the responsibilities of Her Majesty The Queen in Right of Canada under the Agreement, where the Agreement does not identify a particular person or body responsible for exercising a function of Government, the Governor in Council, in the case of the Government of Canada, and the Commissioner in Executive Council, in the case of the Territorial Government, may designate a person or body to exercise that function on its behalf or authorize a Minister to make such a designation. A DIO shall be given notice of such designation.

PART 11
INVALIDITY

2.11.1
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, Government and Inuit shall make best efforts to amend the Agreement to remedy the invalidity or replace the invalid provision.

2.11.2
Neither party shall have a claim or cause of action based on a finding that any provision of the Agreement is invalid.

2.11.3
Neither Government nor any Inuk entitled to be enroled shall challenge the validity of any provision of the Agreement.

PART 12
APPLICATION OF LAWS

2.12.1 - All Laws to Apply
Subject to Sections 2.12.2 and 2.12.3, all federal, territorial and local government laws shall apply to Inuit and Inuit Owned Lands.

2.12.2 - Agreement to Prevail
Where there is any inconsistency or conflict between any federal, territorial and local government laws, and the Agreement, the Agreement shall prevail to the extent of the inconsistency or conflict.

2.12.3 - Ratification and Implementing Legislation to Prevail
Where there is any inconsistency or conflict between the ratification and implementing legislation and any other legislation, the ratification and implementing legislation shall prevail to the extent of the inconsistency or conflict.

2.12.4 - Interpretation with Regard to Conflict and Inconsistency
For greater certainty, the terms "inconsistency" and "conflict" as used in Sections 2.12.2 and 2.12.3 shall be interpreted by having regard to the common law rules governing the interpretation of laws and documents and to the Interpretation Act.

PART 13
AMENDING THE AGREEMENT

2.13.1
An amendment to the Agreement shall require the consent of the Parties as evidenced by,

(a)
in respect of Her Majesty, an order of the Governor in Council, and

(b)
in respect of Inuit, a resolution of the Tungavik, except as provided otherwise by its bylaws or Section 35.9.1,

but the jurisdiction of the Legislative Assembly shall not be altered, and the Territorial Government shall not incur any financial obligations, through any amendment without its written consent.

PART 14
SUITS ON BEHALF OF INUIT

2.14.1
Where an Inuk has a right of action in relation to the Agreement, the DIO may bring such action on behalf of him or her. This Section shall not preclude an Inuk from commencing an action on his or her own behalf.

PART 15
INDEMNITY

2.15.1
In consideration of the rights and benefits provided by the Agreement, the Nunavut Trust and its beneficiaries shall indemnify and forever save harmless Her Majesty The Queen in Right of Canada from all manner of suits and actions, causes of actions, claims, demands, damages, costs or expenses, liability and entitlement, initiated, made or incurred after the date of ratification of the Agreement, whether known or unknown, against Her Majesty The Queen in Right of Canada which any person who is entitled to be enroled in the Agreement, including any heir, successor or permitted assign of such a person ever had, now has, or may hereafter have, against Her Majesty The Queen in Right of Canada, relating to or in any way arising from the aboriginal claims, rights, titles and interests in and to lands and waters described in Sub-section 2.7.1(a).

2.15.2
Her Majesty The Queen in Right of Canada shall vigorously defend any suit or action, cause of action, claim or demand referred to in Section 2.15.1 and shall not compromise or settle any such suit or action, cause of action, claim or demand without the consent of the DIO.

2.15.3
The Nunavut Trust and its beneficiaries shall not be required to pay the costs ofHer Majesty The Queen in Right of Canada under Sections 2.15.1 or 2.15.2.

2.15.4
For greater certainty, the right to be indemnified set out in Section 2.15.1 shall not extend to any manner of suit or action, cause of action, claim, demand, damage, cost or expense, liability or entitlement relating to or any way arising from the failure of Her Majesty The Queen in Right of Canada to carry out Her obligations under the Agreement.

2.15.5
Her Majesty The Queen in Right of Canada shall indemnify and save harmless the Inuit from all manner of suits, actions, causes of action, claims, demands, damages, costs or expense, liability and entitlement, initiated, made or incurred against Inuit by any person other than an Inuk or a DIO that arises from:

(a)
the creation of Inuit harvesting rights under Article 5 where that suit, action, cause of action, claim, demand, damage, cost or expense relates to the effect of the creation of those rights on any harvesting rights of the person initiating, making or incurring it; or

(b)
the vesting of title in Inuit Owned Lands under Article 19 where that suit, action, cause of action, claim, demand, damage, cost or expense relates to the effect of that vesting on the right of the person initiating, making or incurring it in respect of those lands.

2.15.6
Inuit and the DIO shall vigorously defend any suit or action, cause of action, claim or demand referred to in Section 2.15.5 and shall not compromise or settle any such suit or action, cause of action, claim or demand without the consent of Government.

PART 16
DISCLOSURE OF INFORMATION

2.16.1
Notwithstanding any other provision of the Agreement, except Section 21.7.6, Government is not required to disclose any information that it is required or entitled to withhold under any statute relating to access to and privacy of information. Where Government has a discretion to disclose any information, it shall take into account the objects of the Agreement in exercising that discretion.

PART 17
INUIT LANDS

2.17.1
Inuit Owned Lands shall be deemed not to be Lands Reserved for Indians within the meaning of the Constitution Act, 1867.