Nunavut Land Claims Agreement

ARTICLE 36

RATIFICATION

PART 1
GENERAL

36.1.1
Once the Agreement has been initialled by the Tungavik Federation of Nunavut and Government negotiators, they shall submit it for ratification by the Parties as set out in this Article.

36.1.2
Inuit shall be considered to have ratified the Agreement when:

(a)
a majority of the eligible Inuit voters in each of the Kitikmeot, Keewatin and Baffin Regions of the Nunavut Settlement Area by way of the Inuit ratification vote approve the Agreement and authorize the duly appointed officers of the Tungavik Federation of Nunavut to sign the Agreement; and

(b)
the duly appointed officers of the Tungavik Federation of Nunavut sign theAgreement.

36.1.3
Her Majesty The Queen in Right of Canada shall be considered to have ratified theAgreement when:

(a)
the Agreement is signed by the Minister of the Crown authorized by Cabinet;and

(b)
a statute ratifying the Agreement is enacted by Parliament and comes into force.

PART 2
INUIT RATIFICATION VOTE

36.2.1 - Ratification Committee
Upon initialling of the Agreement, a Ratification Committee shall be established with responsibility to conduct the Inuit ratification vote.

36.2.2
The Ratification Committee shall consist of three individuals named by the Tungavik Federation of Nunavut, one individual named by the Minister of Indian Affairs and Northern Development and one individual named by the Territorial Associate Minister of Aboriginal Rights and Constitutional Development.

36.2.3
The Ratification Committee shall prepare a budget for its operations and the Inuit ratification vote, subject to review and approval by the Minister of Indian Affairs and Northern Development.The approved budget shall be a charge on the Government of Canada.

36.2.4 - Official Voters List
The Official Voters List shall include the names of all eligible Inuit voters. Eligible voters shall be all individuals defined as "Inuit" under Part (a) of the definition of Inuit in Article 1 and who are:

(a)
16 years of age or older on the last day of the Inuit ratification vote;

(b)
alive;

(c)
Canadian citizens; and

(d)
not enroled in any other Canadian aboriginal land claims agreement.

36.2.5
The Official Voters List shall be comprised of Regional Voters Lists for the Kitikmeot, Keewatin and Baffin Regions.The Regional Voters Lists shall comprise a Community Voters List for each community in that Region.

36.2.6
Not less than 60 days after the establishment of the Ratification Committee, a preliminary voters list shall be made available for public review by posting a Community Voters List in each community in the Nunavut Settlement Area and by such other means as the Ratification Committee deems appropriate. The preliminary voters list shall be based on the preliminary enrolment list provided by the Tungavik Federation of Nunavut, less those individuals under 16 years of age on the last day of the Inuit ratification vote.

36.2.7
Applications from those individuals who have applied for enrolment pursuant to Article 35 and have not been accepted but whose application has not been rejected by the Appeals Committee under Part 5 of Article 35 shall be reviewed by the Voters List Committee referred to in Section 36.2.9 to determine whether their names should be placed on the voters list.

36.2.8
On or before September 21, 1992:

(a)
an individual not covered by the provisions of Section 36.2.7 who is not on the preliminary voters list, or not on the appropriate voters list, may apply to be placed on the appropriate list; and

(b)
an individual eligible to be on the voters list may make an application to have an individual's name added to or removed from the voters list.

36.2.9
Applications referred to in Section 36.2.7 and 36.2.8 shall be reviewed by the Voters List Committee consisting of three members appointed by Tungavik Federation of Nunavut who have not heard appeals in respect of the preliminary enrolment list and one non-voting member appointed by the Minister of Indian Affairs and Northern Development.

36.2.10
The decision of the Voters List Committee in respect of an application shall be final and the Voters List Committee shall notify the applicant, any person whose eligibility has been challenged and the Ratification Committee, of its decision.

36.2.11
Within seven days after the Voters List Committee has rendered a decision on all applications, the Ratification Committee shall forward to the Government and Tungavik Federation of Nunavut a voters list which shall be the preliminary voters list as amended by such decisions. Upon receipt of approval of the list from the Minister of Indian Affairs and Northern Development and Tungavik Federation of Nunavut, the Ratification Committee shall publish the list as the Official Voters List.

36.2.12 - Information
The Ratification Committee shall take all reasonable steps necessary to ensure that eligible Inuit voters have a reasonable opportunity to review the substance and details of the Agreement. Particular attention shall be given to the need for community meetings and to the production and distribution of materials in Inuktitut.

36.2.13 - Voting Process
The Inuit ratification vote will be held no earlier than 7 days after the publication of the Official Voters List on such day or days as may be agreed to by the Ratification Committee.

36.2.14
The Inuit ratification vote shall occur on the same day or days for all eligible voters except for advance polls or where circumstances require an alternate day.

36.2.15
The vote shall be by secret ballot.

36.2.16
Voting ballots shall be in Inuktitut, and Canada's official languages.

36.2.17
The Ratification Committee shall be responsible for the conduct of the vote and tabulation of all ballots and publication of the results of the vote. The Committee shall retain all ballots and document all events and decisions related to the ratification vote, and shall make such documentation available to Government and the Tungavik upon request and within six months shall transfer all such documentation to the National Archives of Canada. The documentation shall not be disposed of, in whole or in part, without prior written notification to the Tungavik and Government. The Tungavik and Government shall be entitled to have access to and make copies of any and all documents.

PART 3
GOVERNMENT RATIFICATION PROCESS

36.3.1
Following signing of the Agreement by the parties, and upon consultation with the Tungavik Federation of Nunavut pursuant to Section 2.6.1, the Government of Canada shall present the Agreement to Parliament, and propose the enactment of the ratification statute. The proposed statute shall:

(a)
contain a clear statement that the Agreement is ratified;

(b)
stipulate that the Agreement is given effect and made binding on third parties;

(c)
stipulate that the rights and benefits of Inuit under the Agreement shall not merge in the ratification statute or any other law;

(d)
state that where there is an inconsistency or conflict between the ratification statute and the Agreement, the Agreement prevails;

(e)
authorize the payment out of the Consolidated Revenue Fund of such sums as may be required to meet the monetary obligations of Her Majesty under Articles 25 and 29;

(f)
comply with Sections 53 and 54 of the Constitution Act, 1867;

(g)
include two recitals in the preamble stating that

(i)
Her Majesty The Queen in Right of Canada and the Inuit of the Nunavut Settlement Area, through their duly mandated representatives have entered into an Agreement, and

(ii)
Article 36 of the Agreement contemplates ratification by Her Majesty by an Act of Parliament;

(h)
make the statute binding on the Crown; and

(i)
stipulate that the statute shall come into force on December 31, 1993 or such earlier date as may be set under legislation.

PART 4
TIMETABLE

36.4.1
The Inuit ratification vote shall be completed not later than December 31, 1992.

36.4.2
Ratification by Her Majesty The Queen in Right of Canada shall be completed no later than December 31, 1993.

36.4.3
The time limits established in this Article may be varied by agreement of the Tungavik Federation of Nunavut and the Minister of Indian Affairs and Northern Development.