Nunavut Land Claims Agreement

ARTICLE 42

MANITOBA AND MARINE AREA EAST OF MANITOBA

PART 1
INUIT HARVESTING RIGHTS: MANITOBA

42.1.1
Notwithstanding anything in the Agreement, Section 2.7.1 shall not apply in and to lands and waters in Manitoba.

42.1.2
Inuit shall not be entitled to seek or secure from the Government of Canada any consideration other than a definition of Inuit wildlife harvesting rights in Manitoba in exchange for any Inuit aboriginal claims, rights, titles and interests in and to the lands and waters in Manitoba.

42.1.3
Section 42.1.2 shall not limit any remedy Inuit may have in respect of any infringement of any aboriginal claims, rights, titles and interests in and to the lands and waters in Manitoba.

PART 2
INUIT HARVESTING RIGHTS: MARINE AREA EAST OF MANITOBA

42.2.1
In this Part, "marine area east of Manitoba" means the area of Hudson Bay bounded by the coast of Manitoba, the 60th parallel of latitude and a straight line running southerly, from the point at the 60th parallel of latitude 15 miles distant from the coast of Manitoba, to the east bank of the mouth of the Churchill River.

42.2.2
In the marine area east of Manitoba, Inuit designated by the Keewatin RWO shall have the right to harvest wildlife up to the level, taking into account Inuit harvesting of that species outside the marine area east of Manitoba, required to satisfy their personal, family or community consumption needs, subject only to restrictions or limitations imposed by management agencies necessary to:

(a)
effect a valid conservation purpose;

(b)
provide for public health or safety, or humane methods of harvesting;

(c)
implement those terms of an international agreement, as qualified by Section 5.9.1, that were in existence at the date of ratification of the Agreement;

(d)
provide for harvesting by other aboriginal peoples pursuant to an aboriginal or treaty right and the reasonable harvesting activities of other harvesters, provided that the Inuit right to harvest a species:

(i)
shall not be more severely limited or adversely regulated than is the 277 case with any other aboriginal peoples harvesting the same species; and

(ii)
shall take priority over harvesting of that species by non aboriginal users;

(e)
provide reasonable limits on disturbance or depletion of any species important for tourism; or

(f)
in relation to a Park or Conservation Area, implement the terms of an agreement between the Keewatin RWO and the management agency responsible for that Park or Conservation Area.

42.2.3
For greater certainty, any restriction or limitation referred to in Section 42.2.2 may be imposed as a result of a domestic interjurisdictional agreement.

42.2.4
Before imposing a restriction or limitation under Section 42.2.2, the management agency shall consult with the NWMB and the Keewatin RWO.

42.2.5
The Keewatin RWO shall cooperate with management agencies in monitoring harvesting pursuant to Section 42.2.2.

42.2.6
The Keewatin RWO, in making its designations pursuant to Section 42.2.2, shall take into account which Inuit have traditionally and currently harvested in the marine area east of Manitoba.

42.2.7
In making decisions for the purpose of Section 42.2.2 in Parks and Conservation areas, the management agency shall take into account the special purposes and policies relating to those areas.

42.2.8
The right to harvest referred to in Section 42.2.2 shall not be exercised so as to:

(a)
impede the exercise of the rights of navigation; or

(b)
interfere with any activity authorized by government to the extent the harvesting is incompatible with that activity, but this restriction on the right to harvest shall apply only as long as is necessary to permit that activity to be conducted.

42.2.9
The Keewatin RWO shall provide the Inuit designated by it with proof of such designation. Inuit may exercise the right to harvest under Section 42.2.2 with such proof without any form of licence or permit and without the imposition of any form of tax or fee.

42.2.10
Notwithstanding Section 42.2.9, Inuit designated under Section 42.2.2 may be required to have and use tags when harvesting certain species.

42.2.11
Inuit may employ any type, method or technology to harvest in the marine area east of Manitoba pursuant to Section 42.2.2 that does not conflict with any laws of general application established:

(a)
for a valid conservation purpose;

(b)
to provide for humane killing of wildlife, public safety or firearms control; or

(c)
to avoid harmful alteration to the environment.

42.2.12
Notwithstanding anything else in the Agreement, an Inuk may be obliged by the appropriate agency of Government to supply any information regarding harvesting activities or harvesting-related activities in the marine area east of Manitoba that laws of general application would require harvesters other than Inuit to supply in comparable circumstances.

42.2.13
Any penalties imposed on Inuit with respect to harvesting in the marine area east of Manitoba in a manner contrary to the Agreement shall, as a general principle, be just and equitable, and shall not be more severe than those applicable to harvesters other than Inuit in comparable situations.

42.2.14
Nothing in this Part shall derogate from rights provided by Section 15.3.7.