Nunavut Land Claims Agreement

ARTICLE 18

PRINCIPLES TO GUIDE THE IDENTIFICATION OF INUIT OWNED LANDS

PART 1
GENERAL

18.1.1
The primary principle to guide the identification process of Inuit Owned Lands shall be to provide Inuit with maximum opportunity to identify such areas in pursuit of the purposes of Inuit Owned Lands. Subject to this primary principle, the identification process for Inuit Owned Lands shall reflect the following:

(a)
identification may take place in areas subject to third party interests; any rights or interests of third parties shall be dealt with equitably; the identification may be made on a case-by-case basis;

(b)
in general, identification shall not include areas subject to third party interests in the form of fee simple estates in private hands;

(c)
consistent with provisions dealing with community ownership of land, areas may be identified in or near communities, provided that identification of such areas shall not prevent a community from carrying out its regular community functions or prevent its growth;

(d)
areas may be identified in all lands currently required, or foreseeably required, for wildlife sanctuaries, Conservation Areas, Parks, archaeological sites or similar categories of lands dedicated for the protection of wildlife or wildlife habitat or for recreational or cultural purposes, provided that

(i)
such areas shall be subject to provisions dealing with wildlife, land management, and laws of general application, and

(ii)
certain areas within potential parks, and within areas of particular archaeological, historical or cultural significance, may not be identified; it is expected that the boundaries of Parks will emerge through the identification process;

(e)
identification in areas of overlapping use and occupation with other aboriginal peoples may not be finalized until issues relating to such overlap are resolved;

(f)
on a case-by-case basis, identification may not extend to certain areas required at present, or in the reasonably foreseeable future, for federal or territorial government facilities or operations;

(g)
on a case-by-case basis, identification may not extend to lands needed for public purposes or utilities, the need for which becomes apparent during the identification process;

(h)
on a case-by-case basis, identification may not extend to within a 100 feet of certain shorelines; and

(i)
in general, areas shall be identified so as to avoid undue fragmentation.

18.1.2
During the land identification process, Inuit shall have the right to identify lands containing known deposits of carving stone as Inuit Owned Lands.

18.1.3
The Parties agree that the provisions of this Article have been complied with in respect of Inuit Owned Lands vested on the date of ratification of the Agreement.

18.1.4
Neither Government nor Inuit shall have a claim or a cause of action based on non- compliance with this Article in respect of Inuit Owned Lands vested on the date of ratification of the Agreement.