Nunavut Land Claims Agreement

ARTICLE 1

DEFINITIONS

PART 1
GENERAL

1.1.1
In the Agreement, except where otherwise expressly provided in the Agreement or indicated by the context:

"Agreement" means this entire Agreement, including its preamble and schedules;

"Arbitration Board" (Board) means the body established under Part 1 of Article 38;

"arbitration" panel means a panel established under Article 38;

"bed" of a body of water means the land covered so long by water as to wrest it from vegetation or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself;

"Board" means the Arbitration Board;

"carving stone" means utkuhighak and hananguagahaq, which means serpentinite, argillite, and soapstone in the Nunavut Settlement Area where those substances are suitable for use for carving purposes;

"Commissioner" means the Commissioner of the Northwest Territories or any successor;

"Commissioner-in-Executive Council" means the Commissioner acting by and with the advice and consent of the Executive Council;

"Conservation Area" has the meaning set out in Section 9.1.1;

"Council" means the Nunavut Social Development Council;

"Crown" means the Crown in Right of Canada;

"Crown lands" means lands belonging to Her Majesty or in respect of which Government has the power of disposition;

"date of ratification of the Agreement" means the date on which the ratification legislation comes into force;

"Designated Inuit Organization" (DIO) means

(a)
the Tungavik, or

(b)
in respect of a function under the Agreement, any of the Organizations that has been designated under Section 39.1.3 as responsible for that function;

"domestic interjurisdictional agreement" means a wildlife agreement between two or more of the Government of Canada, provincial governments in Canada and territorial governments in Canada;

"Executive Council" means the Executive Council of the Northwest Territories or any successor body;

"flora" does not include trees suitable for commercial production of lumber or other building materials, but includes materials required by Inuit for local use, land-based activities and handicraft production;

"gas" means natural gas and includes all substances, other than oil, that are produced in association with natural gas;

"Government" means the Government of Canada or the Territorial Government or both, as the context requires, depending on their jurisdiction and the subject matter referred to, or as determined pursuant to Section 1.1.6;

"harvest" means the reduction of wildlife into possession, and includes hunting, trapping, fishing, as defined in the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means;

"HTO" means a Hunters and Trappers Organization;

"Hunters and Trappers Organization" (HTO) means an organization referred to in Sections 5.7.1 to 5.7.15;

"IIBA" means an Inuit Impact and Benefit Agreement referred to in Article 8, 9 or 26;

Implementation Panel means the Panel established under Part 3 of Article 37; "Inuit" means

(a)
for the purpose of Sections 2.7.1 and 2.7.2 and Part 1 of Article 40, and of references of a general historical nature, all those members of the aboriginal people, sometimes known as Eskimos, that has traditionally used and occupied, and currently uses and occupies, the lands and waters of the Nunavut Settlement Area, but does not include persons enroled in any other Canadian aboriginal land claim agreement,

(b)
for the purpose of all provisions of the Agreement other than Sections 2.7.1 and 2.7.2, Part 1 of Article 40, and Sections 5.7.36, 35.3.1 and 35.3.2 and those containing references of a general historical nature,

(i)
until such time as the Inuit Enrolment List has been developed in accordance with Article 35, all those persons entitled to be enrolled under that Article,

(ii)
upon development of the Inuit Enrolment List, those persons enroled from time to time under the terms of Article 35;

"Inuit Heritage Trust" (Trust) means the trust established under Section 33.4.1;

"Inuit Owned Lands" means

(a)
those lands that vest in the DIO as Inuit Owned Lands pursuant to Section 19.3.1, and

(b)
any lands that are vested in, acquired by or re-acquired by the DIO as Inuit Owned Lands from time to time pursuant to the Agreement, so long as they maintain such status pursuant to the Agreement;

"Inuit Owned Lands Parcel" means an area of Inuit Owned Lands given a distinct code on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237;

"Inuk" means a single member of the group of persons defined as Inuit;

"lands" does not include water but includes lands covered by water, whether in the onshore or offshore;

"laws of general application" means all federal, territorial and local government laws of general application according to common law definition;

"legislation" means a statute or regulation;

"Legislative Assembly" means the Council of the Territories as established pursuant to the Northwest Territories Act, or any successor council or councils having jurisdiction over all or part of the Nunavut Settlement Area;

"marine areas" means that part of Canada's internal waters or territorial sea, whether open or ice-covered, lying within the Nunavut Settlement Area , but does not include inland waters. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;

"marine species" means fish and includes parts of fish, shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"minerals" means precious and base metals and other non-living, naturally occurring substances whether solid, liquid or gaseous, excluding water but including coal and petroleum;

"Minister" means a Minister of the Government of Canada or a member of the Executive Council appointed as Minister, as the context requires, responsible for

the subject matter referred to;

"National Park" means

(a)
an area that has been formally and fully dedicated as a National Park orNational Marine Park under the National Parks Act, or

(b)
a National Park Reserve, with respect to the provision of Part 4 of Article 8 and other provisions providing Inuit with the opportunity to secure benefits from the establishment, planning and management of a National Park in the Nunavut Settlement Area;

"National Park Reserve" means an area that has been set aside as a reserve for a National Park under the National Parks Act;

NIRB means the Nunavut Impact Review Board;

"NITC" means the Nunavut Implementation Training Committee;

NPC means the Nunavut Planning Commission;

Nunavut Impact Review Board (NIRB) is the institution referred to in Section 12.2.1;

"Nunavut Implementation Training Committee" (NITC) means the Committee established under Part 5 of Article 37;

"Nunavut Planning Commission" (NPC) is the institution referred to in Section 11.4.1;

"Nunavut Settlement Area" means the area described in Section 3.1.1;

"Nunavut Social Development Council" (Council) means the Council established under Section 32.3.1;

"Nunavut Trust" means the Trust referred to in Section 31.1.1;

"Nunavut Water Board" (NWB) is the institution referred to in Section 13.2.1;

"Nunavut Wildlife Management Board" (NWMB) is the institution referred to in Section 5.2.1;

"NWB" means the Nunavut Water Board;

"NWMB" means the Nunavut Wildlife Management Board;

"oil" means crude oil regardless of gravity, produced at a well head in liquid form and any other hydrocarbons except coal and gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits or oil sand, bitumen, bituminous sand, oil shale, or from any other types of deposits on the surface or subsurface, or the seabed or its subsoil;

"operator" means a person or the authorized representative of such a person who has rights to explore, develop, produce or transport minerals, other than specified substances, in or on or under Inuit Owned Lands;

"ordinary high water mark" or "bank" of a body of water means the limit or edge of its bed;

"Organization" means any of the following

(a)
the Nunavut Trust,

(b)
a Regional Inuit Organization,

(c)
a Hunters and Trappers Organization,

(d)
a Regional Wildlife Organization,

(e)
the Nunavut Social Development Council,

(f)
the Inuit Heritage Trust, or

(g)
any organization designated under Section 39.1.3;

"Outer Land Fast Ice Zone" means the area bounded by

(a)
in the north by Latitude 73E 40' off Cape Liverpool on Bylot Island,

(b)
in the south, by Latitude 66E 37' N, off Cape Dyer on Baffin Island,

(c)
in the west, by the seaward edge of the Territorial Sea boundary off the east coast of Baffin Island, and

(d)
in the east, by the maximum limit of land fast ice (1963-1989) as shown on the map titled Limit of Land Fast Ice - East Baffin Coast, jointly delivered by the Parties to the registrar, a copy of which is set out in Schedule 16-1 for general information purposes only;

outpost camps has the meaning set out in Section 7.1.1;

"Parliament" means the Parliament of Canada;

"Park" means a National Park or a Territorial Park;

"Parties" mean the Inuit of the Nunavut Settlement Area and Her Majesty The Queen in Right of Canada;

"petroleum" means oil or gas;

"principles of conservation" means those principles set out in Section 5.1.5;

"project proposal" means a physical work that a proponent proposes to construct, operate, modify, decommission, abandon or otherwise carry out, or a physical activity that a proponent proposes to undertake or otherwise carry out, such work or activity being within the Nunavut Settlement Area, except as provided in Section 12.11.1;

"ratification legislation" means the statute referred to in Sub-section 36.1.3(b); Inuit Association, the Keewatin

"Regional Inuit Organization" means the Kitikmeot Inuit Association, the Baffin Region Inuit Association, or its successor;

"Regional Wildlife Organization" (RWO) means an organization referred to in Sections 5.7.1 and 5.7.5 to 5.7.14;

"registrar" means the registrar of land titles responsible for the Nunavut Settlement Area;

"regulation" includes an order, regulation, order in council, order prescribing regulations, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established

(a)
in the execution of a power conferred by or under the authority of a statute, or

(b)
by or under the authority of the Governor in Council or Commissioner-in- Executive Council;

"resources" means, for the purpose of Articles 25 to 27, coal, petroleum, precious and base metals and other naturally occurring substances that can be mined, but does not include specified substances;

"royalty" means any share of production whether in money or kind paid or payable to Government as owner in respect of a resource produced by a person from Crown lands in or under the Nunavut Settlement Area, but does not include

(a)
any payment for a service, the creation of special purpose funds, the issuance of the right or interest or the granting of an approval or authorization,

(b)
any payment required regardless of ownership of the resource, or

(c)
any payment for incentives;

"RWO" means a Regional Wildlife Organization;

"specified substances" means construction stone, sand and gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone;

"statute" means an Act of Parliament or the Legislative Assembly, but does not include regulations;

"Surface Rights Tribunal" (Tribunal) is the institution referred to in Section 21.8.1;

"Territorial Government" means the Government of the Northwest Territories, or any successor government or governments, having jurisdiction over all or part of the Nunavut Settlement Area;

"Territorial Park" means an area that has been formally and fully dedicated as a Territorial Park under the Territorial Parks Act;

"third party" means any person, natural or artificial, but does not include Government, Inuit, or a DIO;

"Tribunal" means the Surface Rights Tribunal;

Trust means the Inuit Heritage Trust;

"Tungavik" means the corporation without share capital incorporated under the Canada Corporations Act by letters patent dated April 3, 1990 and supplementary letters patent dated December 16, 1992 and named the Tungavik Incorporated, or any successor;

"water" means waters in any river, stream, lake or other body of inland waters on the surface or under ground in the Nunavut Settlement Area, and includes ice and all inland ground waters, but does not include water or ice in marine areas;

"wildlife" means all terrestrial, aquatic, avian and amphibian flora and fauna ferae naturae, and all parts and products thereof;

"Zone I" means those waters north of 61E latitude subject to Canada's jurisdiction seaward of the Territorial Sea boundary as measured from lines drawn pursuant to the Territorial Sea Geographical Co-ordinates (Area 7) Order SOR/85-872 that are not part of the Nunavut Settlement Area or another land claim settlement area;

"Zone II" means those waters of James Bay, Hudson Bay and Hudson Strait that are not part of the Nunavut Settlement Area or another land claim settlement area.

1.1.2 - Citation of Legislation
Citation of legislation refers to legislation as amended from time to time:

(a)
except where a specific date is indicated; and

(b)
for greater certainty, reference to the Constitution Act, 1982 includes the 1983 amendments and any later amendments.

1.1.3 - Saving
The references in the Agreement to the Territorial Sea Boundary or to the Territorial Sea Geographic Coordinates (area 7) Order, SOR/85-872 are without prejudice to any negotiations or any positions that have been made or may be adopted by Canada respecting the limits of maritime jurisdiction.

1.1.4 - Land Descriptions
The coded references in the Agreement to specific parcels of Inuit Owned Lands are to the codes for those parcels on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 referred to in Section 19.3.1.

1.1.5
The Lands Files referred to in the Agreement in relation to parcels of land are the files held by the Land Resources Division, Department of Indian Affairs and Northern Development, in Yellowknife, N.W.T.

1.1.6 - Designation of Government
Without diminishing or otherwise altering the responsibilities of Her Majesty The Queen in Right of Canada under the Agreement, where, in the Agreement, it is unclear from the context which Government is to perform a function or where the context indicates that both Governments are to perform a function, without abrogating or derogating from their obligations under the Agreement or altering their respective jurisdictions, the two Governments may designate one of them to perform that function on behalf of the other or both. The DIO shall be given notice of such designation.

1.1.7
Section 1.1.6 shall not affect the status or interpretation of the Implementation Plan referred to in Article 37.