Nunavut Land Claims Agreement

ARTICLE 9

CONSERVATION AREAS

PART 1
DEFINITION

9.1.1
In this Article:

"Conservation Area" means any Conservation Area in existence at the date of ratification of the Agreement listed in Schedule 9-1, and any of the following areas when established under legislation;

(a)
National Wildlife Areas;

(b)
Migratory Bird Sanctuaries;

(c)
International Biological Program Ecological Sites/Ecological Areas;

(d)
Man and the Biosphere Reserves;

(e)
World Heritage Convention/Natural and Cultural Sites;

(f)
Wildlife Sanctuaries;

(g)
Critical Wildlife Areas;

(h)
National Historic Sites;

(i)
National Historic Parks;

(j)
Wetlands of International Importance for Waterfowl (Ramsar);

(k)
Canadian Landmarks;

(l)
Canadian Heritage Rivers;

(m)
Historic Places; and

(n)
other areas of particular significance for ecological, cultural, archaeological, research and similar reasons.

PART 2
GENERAL

9.2.1
In addition to Parks, other areas that are of particular significance for ecological, cultural, archaeological, research and similar reasons, require special protection. Inuit shall enjoy special rights and benefits with respect to these areas.

PART 3
CONSERVATION AND MANAGEMENT

9.3.1
Government, in consultation with Inuit, shall conduct a study to determine the need for new legislation or amendments to existing legislation to designate and manage Conservation Areas in terrestrial and marine environment in the Nunavut Settlement Area. This study shall be completed and published by Government within two years of the date of ratification of the Agreement.

9.3.2
The establishment, disestablishment or changing of the boundaries of Conservation Areas related to management and protection of wildlife and wildlife habitat shall be subject to the approval of the NWMB pursuant to Sub-section 5.2.34(a). Conservation Areas shall be co-managed by Government and the DIO as provided in Section 9.3.7.

9.3.3
Without limiting the application of Section 2.12.1, each parcel of Inuit Owned Lands identified in Schedule 9-2 which lies within the boundaries of a Conservation Area in existence at the date of ratification of the Agreement shall, unless removed through a boundary change to the Conservation Area, remain as part of such area and subject to the Migratory Birds Convention Act or the territorial Wildlife Act applicable to such areas.

9.3.4
Without limiting the application of Section 2.12.1 and recognizing that Government may establish Conservation Areas in the general area identified in an item of Schedule 9-3, which include parcels of Inuit Owned Lands identified in that item of Schedule 9-3, Inuit and Government agree that if such Conservation Areas are established, those parcels of Inuit Owned Lands identified in Schedule 9-3 shall be subject to the Migratory Birds Convention Act or the Canada Wildlife Act applicable to such areas.

9.3.5
Articles 11 and 12 shall apply to Conservation Areas. Article 11, however, shall not apply to or within the boundaries of National Historic Parks, once established, or National Historic Sites when administered by the Canadian Parks Service.

9.3.6
Articles 13 and 20 shall apply to Conservation Areas.

9.3.7
Sections 8.4.11 and 8.4.12 shall apply in like manner to Conservation Areas except that where an IIBA is not concluded in the process of establishing a Conservation Area, the Committee referred to in those sections shall be established when requested by Government or a DIO.

9.3.8
Subject to Section 9.5.2, Sections 8.4.13 and 8.4.14 shall apply in like manner toConservation Areas.

PART 4
INUIT IMPACT AND BENEFIT AGREEMENTS AND OTHER MATTERS

9.4.1
Sections 8.4.2 to 8.4.10 shall apply in like manner to Conservation Areas and to government agencies having responsibilities with respect to Conservation Areas.

Notwithstanding Sections 8.4.2 to 8.4.4, in cases of emergency, such as the establishment of a critical wildlife area, the IIBA may be concluded forthwith upon, rather than prior to, the establishment of the protected area.

9.4.2
Notwithstanding Sections 8.4.2 to 8.4.4, the obligation to conclude an IIBA with respect to Conservation Areas shall:

(a)
not apply to a Conservation Area so long as the Conservation Area does not raise any matter that would have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit;

(b)
with respect to Conservation Areas that have been established prior to and continue to exist at the date of ratification of the Agreement, be an obligation to conclude an IIBA prior to the fifth anniversary of the date of ratification of the Agreement; and

(c)
apply in any situation where it is intended that a Conservation Area established for one purpose be re-established for a different purpose where such re-establishment would have a detrimental impact on Inuit or could reasonably confer a benefit on Inuit.

9.4.3
Sections 8.4.16 and 8.4.18 shall apply in the like manner to Conservation Areas and to government agencies having responsibilities with respect to Conservation Areas.

PART 5
THELON GAME SANCTUARY

9.5.1
On the second anniversary of the date of ratification of the Agreement, Inuit Owned Lands Parcel BL-44/66C shall cease to constitute a part of the Thelon Game Sanctuary, unless, prior to that anniversary date, the NWMB determines that the continued sanctuary status of that portion is integral to the conservation purpose served by the Sanctuary as a whole.

9.5.2
The Territorial Government shall, within five years of the date of ratification of the Agreement, coordinate the preparation of a management plan to jointly conserve and manage the Thelon Game Sanctuary. This shall entail applying the process set out in Sections 8.4.11 and 8.4.12 for that part of the Sanctuary in the Nunavut Settlement Area, and coordinating that process with a process applicable in that part of the Sanctuary which is outside the Nunavut Settlement Area. The Thelon Game Sanctuary Management Plan shall be based on recommendations of the DIO and affected communities. This plan shall be subject to the approval of the federal and territorial governments. No changes will be made to the status of the Thelon Game Sanctuary or its boundary, until the Sanctuary management plan is approved by the federal and territorial governments. Following approval of the Sanctuary management plan, proposals to change the boundary of the Thelon Game Sanctuary, to disestablish the Sanctuary, or to alter its status shall be subject to joint public review by the NWMB and the agency having jurisdiction over management and protection of wildlife and wildlife habitat in that part of the Sanctuary which is outside the Nunavut Settlement Area. Section 9.3.2 applies to any decision of the NWMB respecting that part of the Sanctuary that is within the Nunavut Settlement Area.

PART 6
APPLICATION

9.6.1
In the event of any conflict between this Article and Article 5, Article 5 shall prevail.

9.6.2
This Article shall apply to marine areas within Conservation Areas.

9.6.3
Inuit participation in the planning and management of Conservation Areas may be negotiated on a regional and site category basis where so agreed by the DIO and the Government responsible for the establishment of those Conservation Areas.

SCHEDULE 9-1
EXISTING CONSERVATION AREAS

(Section 9.1.1)

PART I

Migratory Bird Sanctuaries established pursuant to the Migratory Birds Convention Act, migratory bird sanctuary regulations:

1
Bylot Island Bird Sanctuary

2
Dewey Soper Bird Sanctuary

3
East Bay Bird Sanctuary

4
Harry Gibbons Bird Sanctuary

5
McConnell River Bird Sanctuary

6
Queen Maud Gulf Bird Sanctuary

7
Cape Dorset Bird Sanctuary

8
Seymour Island Bird Sanctuary

PART II

National Wildlife Areas established pursuant to the Canada Wildlife Act, wildlife area regulations:

1
Polar Bear Pass National Wildlife Area

PART III

Territorial Game Sanctuary established pursuant to the territorial Wildlife Act:

1
Bowman Bay Game Sanctuary

PART IV

Canadian Heritage Rivers, designated by the Minister of Environment - Canada, the Minister of Indian Affairs and Northern Development - Canada and the Minister of Economic Development and Tourism, Government of the Northwest Territories:

1
Kazan River (Lower Reaches only)

2
Thelon River (Lower Reaches only)

SCHEDULE 9-2
PARCELS OF INUIT OWNED LANDS WITHIN EXISTING CONSERVATION AREAS

(Section 9.3.3)

Location
Parcel
 

1 Bylot Island Bird Sanctuary
PI-29/38B
 

2 Bylot Island Bird Sanctuary
PI-28/38B
 

3 Dewey Soper Bird Sanctuary and Bowman Bay Game Sanctuary
CD-01/36H
 

4 East Bay Bird Sanctuary
CH-13/45O,P,46A,B
 

5 Harry Gibbins Bird Sanctuary
CH-06/45N
 

6 McConnell River Bird Sanctuary
AR-04/55D
 

AR-05/55D
 

AR-06/55D
 

7 Queen Maud Gulf Bird Sanctuary
GH-20/66O
 

GH-21/66O,P,67A
 

CB-01/66M
 

CB-02/66M
 

CB-03/66M
 

CB-04/66M,67B,76P
 

CB-05/66M,67B,76P,77A
 

CB-06/77A
 

CB-07/77A
 

CB-08/77A
 

CB-10/77A
 

CB-11/77A
 

CB-17/77A
 

BB-19/76I,P
 

SCHEDULE 9-3
PARCELS OF INUIT OWNED LANDS THAT MAY BE WITHIN CONSERVATION AREAS IN THE FUTURE

(Section 9.3.4)

General Area
Parcel
 

1 Baillarge Bay, Baffin Island
AB-16/48C
 

2 Scott Inlet, Baffin Island
CR-18/27F,G
 

3 Buchan Gulf, Baffin Island
PI-07/37H
 

PI-08/37H
 

4 Browne Island
RB-31/68E
 

5 Reid Bay, Baffin Island
BI-01/16L,K BI-02/16K
 

6 Cape Searle, Baffin Island
BI-16/16M
 

7 Coats Island, Hudson Bay
CH-02/45I,J
 

8 Rasmussen Lowlands
SB-04/57B
 

SB-05/57B
 

SB-06/57B
 

9 Hantzsch Island
IQ-10/25H