Nunavut Land Claims Agreement

ARTICLE 35

ENROLMENT

PART 1
PRINCIPLES AND OBJECTIVES

35.1.1
This Article:

(a)
recognizes that Inuit are best able to define who is an Inuk for the purposes of this Agreement;

(b)
guarantees that the Inuit of the Nunavut Settlement Area will be recognized according to their own understanding of themselves, and that Inuit shall determine who is an Inuk for the purposes of this Agreement, and entitled to be enroled under the Agreement;

(c)
establishes a process that is just and equitable for determining who is an Inuk for the purposes of this Agreement, and entitled to be enroled under the Agreement.

PART 2
INUIT ENROLMENT LIST

35.2.1
A DIO shall establish and maintain a list of Inuit (Inuit Enrolment List), and enrol thereon the names of all persons who are entitled to be enroled in accordance with this Article.

35.2.2
A person who is enroled on the Inuit Enrolment List shall be entitled to benefit from the Agreement so long as he or she is alive and his or her name is enroled thereon.

PART 3
ENROLMENT REQUIREMENTS

35.3.1
Subject to Sections 35.3.3 to 35.3.5, a person who

(a)
is alive,

(b)
is a Canadian citizen,

(c)
is an Inuk as determined in accordance with Inuit customs and usages,

(d)
identifies himself or herself as an Inuk, and

(e)
is associated with

(i)
a community in the Nunavut Settlement Area, or

(ii)
the Nunavut Settlement Area, is entitled to have his or her name enroled on the Inuit Enrolment List.

35.3.2
For the purpose of Sub-section 35.3.1(d), the guardian of a person who in consequence of legal disability is unable to identify himself or herself as an Inuk may identify that person as an Inuk.

35.3.3
No persons shall be enroled under the Agreement and any other Canadian aboriginal land claims agreement at the same time.

35.3.4
A person who is entitled may transfer into the Agreement so long as that person gives up, for the duration of such transfer, the ability to benefit from or participate in a Canadian aboriginal land claims agreement out of which that person is transferring. The DIO shall determine the date upon which this provision comes into force with respect to beneficiaries or participants of any other Canadian aboriginal land claims agreements.

35.3.5
No person shall be under a legal obligation to apply for enrolment under theAgreement.

35.3.6
Any person enroled under the Agreement, may from time to time, decide to discontinue enrolment and, upon that person's written directions to that effect, that person's name shall be removed from the Inuit Enrolment List.

PART 4
COMMUNITY ENROLMENT COMMITTEES

35.4.1
A Community Enrolment Committee (Enrolment Committee) shall be established in each community in the Nunavut Settlement Area.

35.4.2
The functions of an Enrolment Committee are to decide:

(a)
whether a person applying to be enroled under the Agreement (applicant)meets the enrolment requirements of Part 3 (enrolment requirements);

(b)
upon its own motion, or the request of another enroled person, whether the name of a person listed on the Inuit Enrolment List should be removed from the list as a consequence of that person no longer meeting the enrolment requirements.

35.4.3
An interim Enrolment Committee shall be established for each community composed of not less than three and not more than six persons chosen by the Inuit elders of that community.

35.4.4
On or before the first anniversary of the date of ratification of the Agreement, the interim Enrolment Committees shall complete their determination as to which applicants are entitled to be enroled on the Inuit Enrolment List, and those applicants shall be enroled by the DIO on the Inuit Enrolment List.

35.4.5
Upon completion of the work of an interim Enrolment Committee under Section 35.4.4, the persons from that community enroled on the Inuit Enrolment List shall structure, in a manner they deem fit, an Enrolment Committee for that community to operate thereafter.

PART 5
APPEALS

35.5.1
A Nunavut Enrolment Appeals Committee (Appeals Committee) shall be established to hear and decide:

(a)
appeals, commenced by an applicant for enrolment or another enroled person, from a decision of an Enrolment Committee as to whether the applicant is entitled to be enroled on the Inuit Enrolment List;

(b)
appeals, commenced by a person whose name would be removed or another enroled person, from a decision of an Enrolment Committee as to whether a name should be removed from the Inuit Enrolment List; and

(c)
applications for enrolment by persons who believe that they meet the enrolment requirements of Paragraph 35.3.1(e)(ii) but not Paragraph 35.3.1(e)(i).

35.5.2
The Baffin Region Inuit Association, the Kitikmeot Inuit Association and the Keewatin Inuit Association, or their successors, shall each appoint one person from each community in its Region to a standing list of members for its Region.

35.5.3
The Appeals Committee shall consist of the three standing lists of members created under section 35.5.2.

35.5.4
The members of the standing list from each Region shall elect from among their number a member who shall be a co-chairperson of the Appeals Committee.

35.5.5
The co-chairperson of the Region of an appellant shall select another Appeals Committee member from that Region, and a co-chairperson from one of the other Regions, and the said co-chairpersons and that member shall hear and determine the appeal.

35.5.6
An appeal to the Appeals Committee shall be by way of a re-hearing, and further evidence may be allowed by the Appeals Committee.

35.5.7
Where a person appeals to the Appeals Committee as to a decision of an interim Enrolment Committee, the Appeals Committee shall hear and determine the appeal on or before the second anniversary of the date of ratification of the Agreement.

35.5.7
Amended P.C. 1996-1462 September 17, 1996

Where a person appeals to the Appeals Committee as to a decision of an interim Enrolment Committee, the Appeals Committee shall hear and determine the appeals to July 9, 1996.

35.5.8
Every order, decision or ruling of the Appeals Committee is final and binding and is not subject to appeal, but the order, decision or ruling may be reviewed by the superior court having jurisdiction in the Nunavut Settlement Area for a failure to observe the principles of natural justice or otherwise acting beyond or refusing to exercise its jurisdiction.

35.5.9
In no case may a member of an Enrolment Committee, interim or otherwise, be a member of the Appeals Committee.

35.5.10
The provisions of Section 35.5.2 to 35.5.5 may be modified by a decision of the majority of the Enrolment Committees.

PART 6
PROCEEDINGS OF COMMITTEES

35.6.1
Subject to Section 35.6.2, the Enrolment Committees, interim or otherwise, and the Appeals Committee may establish rules for conducting proceedings, including rules for the use of teleconferencing, written submissions, and time limits.

35.6.2
In making any decisions that would confirm, deny or remove entitlement to enrolment, the Enrolment Committees, interim or otherwise, shall:

(a)
give appropriate notice to applicants, appellants, and other directly interested parties; and

(b)
allow applicants, appellants, and other directly interested parties an opportunity to make representations.

35.6.3
The Enrolment Committees, interim or otherwise, and Appeal Committee shall, upon request, supply to applicants, appellants and other directly interested parties written reasons for their decisions.

35.6.4
All proceedings of the Enrolment Committees, interim or otherwise, and the Appeals Committee shall be in Inuktitut and, at the request of a member of a Committee, the applicant or the appellant, in one or both of Canada's official languages.

PART 7
PUBLICATION OF INUIT ENROLMENT LIST

35.7.1
Each Enrolment Committee, interim or otherwise, shall make available to the public without charge a list containing the names of persons enroled on the Inuit Enrolment List.

35.7.2
The DIO shall annually provide a free copy of the Inuit Enrolment List to the Government of Canada and to the Territorial Government, and shall make the Inuit Enrolment List available to a member of the public on request.

PART 8
IMPLEMENTATION

35.8.1
The Government of Canada shall pay all expenses incurred for the establishment and work of the interim Enrolment Committees, and the work of the Appeals Committee, until the second anniversary of the date of ratification of the Agreement.

35.8.2
The DIO shall be responsible for co-ordinating the enrolment procedures set out in these provisions and permanently maintaining a complete and up-to-date Inuit Enrolment List.

PART 9
AMENDMENTS

35.9.1
Notwithstanding Section 2.13.1, the Tungavik may not consent to an amendment of these provisions without the consent of all the Enrolment Committees.