NAPPAKNINGA NUNAVUTMI NIGYUTINUN KATIMAYIHAT
5.2.1 - Membership
There is hereby established on the date of ratification of the Agreement an institution of public government to be known as the Nunavut Wildlife Management Board (NWMB) consisting of nine members to be appointed as follows:
(a)
each of four DIOs shall appoint one member;
(b)
the Governor in Council
(i)
on the advice of the Minister responsible for fish and marine mammals shall appoint one member to represent the public interest,
(ii)
on the advice of the Minister responsible for the Canadian WildlifeService shall appoint one member,
(iii)
on the advice of the Minister of Indian Affairs and Northern Development in consultation with the Commissioner-in-Executive Council shall appoint a third member ordinarily resident in the Nunavut Settlement Area;
(c)
the Commissioner-in-Executive Council shall appoint one member; and
(d)
from nominations provided by the NWMB, the Governor in Council shall appoint a chairperson.
5.2.2
Where a Minister nominates a member to the NWMB who is not a public servant, that Minister shall have the right to have an officer of the Minister's department attend all meetings of the NWMB as a non-voting observer.
5.2.3
Where a DIO appoints a member to the NWMB, that DIO shall have the right to have a technical advisor attend all meetings as a non-voting observer.
5.2.4
Each member shall be appointed to hold office during good behaviour for a term of four years. A member may be reappointed to office.
5.2.5
A member may be removed from office at any time for cause by the person appointing him or her.
5.2.6
Each member shall, before entering upon his or her duties as such, take and subscribe before an officer authorized by law to administer oaths an oath in the form set out in Schedule 5-4.
5.2.7
Rules relating to conflict of interest set out in specified federal and territorial laws shall apply to members, but no member who is an Inuk shall be considered biased solely because the member is an Inuk.
5.2.8
Where a vacancy occurs a replacement member may be appointed by the body that made the original appointment under Section 5.2.1.
5.2.9
All members of the NWMB except the chairperson shall have one vote, and the chairperson shall vote only in order to break a tie.
5.2.10
All decisions of the NWMB shall be decided by a majority of votes cast.
5.2.11
Each member may execute either a general or special proxy in favour of another member.
5.2.12 - Meetings
A vacancy in the membership of the NWMB does not impair the right of the remainder to act.
5.2.13
The head office of the NWMB shall be in the Nunavut Settlement Area.
5.2.14
The NWMB shall meet at least twice a year, and may meet as often as it deems fit.
5.2.15
The chairperson shall convoke a meeting of the NWMB within 21 days of receipt from any four members of the NWMB of a written request indicating the purpose of such meeting.
5.2.16
The NWMB shall, whenever practicable, meet in the Nunavut Settlement Area.
5.2.17
The NWMB shall conduct its business in Inuktitut and, as required by legislation or policy, in Canada's official languages.
5.2.18
Five members physically present constitute a quorum, except that the NWMB may modify the requirement for being physically present through a by-law permitting use of teleconference or like facilities in circumstances of emergency.
5.2.19 - Costs
The cost of the NWMB shall be the responsibility of Government. The NWMBshall prepare an annual budget subject to review and approval by Government.
5.2.20
Each member shall be paid fair and reasonable remuneration for work on theNWMB.
5.2.21
Each member shall be entitled to be paid such travelling and living expenses incurred by him or her in the performance of his or her duties as are consistent with Treasury Board guidelines for travelling and living expenses of public servants.
5.2.22
The costs of each non-voting observer shall be borne by the person or organization sending that observer.
5.2.23 - By-laws
The NWMB may make by-laws and rules respecting:
(a)
the calling of meetings and sitting of the NWMB;
(b)
the conduct of business at meetings of the NWMB and the establishment of special and standing committees of the NWMB and the fixing of quorums for meetings;
(c)
the carrying on of the work of the NWMB, the management of its internal affairs, and the duties of its officers and employees;
(d)
the procedure for making applications, representations and complaints to theNWMB;
(e)
the procedure for collecting information and opinion, including the procedure and conduct of public hearings; and
(f)
generally, the manner of conducting any business before the NWMB.
5.2.24 - Officers and Employees
The officers and employees necessary for the proper conduct of business of theNWMB may be appointed and shall be remunerated by the NWMB.
5.2.25
Such officers and employees shall be responsible to and under the direction and control of the NWMB.
5.2.26 - Hearings
The NWMB may hold public hearings into any issue requiring a decision on its part.
5.2.27
The NWMB may make rules distinguishing the roles reserved for full parties and roles reserved for other classes of persons at public hearings.
5.2.28
Any representative or agent of the Government of Canada or Territorial Government, any Inuk or any HTO or RWO shall be accorded the status of full party at a public hearing and the NWMB may, at its discretion and in conformity with its rules, determine whether any other person is accorded the status of full party for the purpose of any particular public hearing.
5.2.29
The NWMB may, in any application proceeding or matter of special importance pending before it, if in the opinion of the NWMB the public interest so requires, hire counsel to conduct or argue the case or any particular question arising in the application, proceeding or matter.
5.2.30
The NWMB shall have the same powers as commissioners appointed pursuant to Part I of the Inquiries Act, R.S.C. 1970, c.I-13, however, the NWMB may not subpoena Ministers of the Crown.
5.2.31 - Confidential Information
The NWMB shall in obtaining and disclosing information be subject to laws of general application relating to confidentiality of and access to information as if it were a government department.
5.2.32
Where Government has a discretion to disclose any information to the NWMB, or the NWMB has a discretion to disclose information to a member of the public, it shall take into account the objects of the Agreement in exercising that discretion.
5.2.33 - Powers, Duties and Functions
Recognizing that Government retains ultimate responsibility for wildlife management, the NWMB shall be the main instrument of wildlife management in the Nunavut Settlement Area and the main regulator of access to wildlife and have the primary responsibility in relation thereto in the manner described in the Agreement. Accordingly, the NWMB shall perform the following functions:
(a)
(b)
conducting the Nunavut Wildlife Harvest Study (Part 4);
(c)
(d)
(e)
ascertaining the basic needs level (Sections 5.6.19 to 5.6.25); (f)adjusting the basic needs level (Sections 5.6.26 to 5.6.30);
(g)
(h)
allocating resources to existing operations (Section 5.6.38);
(i)
dealing with priority applications (Section 5.6.39);
(j)
making recommendations as to allocation of the remaining surplus (Section5.6.40);
(k)
(l)
setting trophy fees (Section 5.7.41); and
(m)
any other function the NWMB is required to perform by the Agreement and not specifically referred to in this Section.
5.2.34
In addition to its primary functions outlined in Section 5.2.33, the NWMB shall in its discretion perform the following functions related to management and protection of wildlife and wildlife habitat:
(a)
approve the establishment, disestablishment, and changes to boundaries of Conservation Areas, related to management and protection of wildlife and wildlife habitat;
(b)
identify wildlife management zones and areas of high biological productivity and provide recommendations to the NPC with respect to planning in those areas;
(c)
approve plans for management and protection of particular wildlife habitats including areas within Conservation Areas, Territorial Parks and National Parks;
(d)
approve plans for
(i)
management, classification, protection, restocking or propagation, cultivation or husbandry of particular wildlife, including endangered species,
(ii)
the regulation of imported non-indigenous species and the management of transplanted wildlife populations;
(e)
provide advice to departments, NIRB and other concerned agencies and appropriate persons regarding mitigation measures and compensation to be required from commercial and industrial developers who cause damage to wildlife habitat;
(f)
approve designation of rare, threatened and endangered species;
(g)
provide advice as to requirements for the promotion of wildlife education, information and training of Inuit for wildlife management;
(h)
establish qualifications respecting guides (Section 5.6.41); and
(i)
any other functions assigned to it by the Agreement not referred to in Section 5.2.33.
5.2.35
The NWMB may perform other activities relating to the management of wildlife in the Nunavut Settlement Area and to the regulation of access to wildlife in the Nunavut Settlement Area as agreed by the NWMB and Government.
5.2.36
While habitat management and protection is an integral function of wildlife management, and as such is commensurate with the NWMB's responsibilities for wildlife matters, primary responsibility for the management of lands, including flora, shall be exercised by the appropriate government agencies and such other related bodies as may be established in the Agreement.
5.2.37 - Research
There is a need for an effective system of wildlife management, and to be effective, the system of management requires an efficient, co-ordinated research effort. The NWMB in fulfilling its management functions requires an informed and effective role in wildlife research and its direction. The ability and right of the Government of Canada and Territorial Government to continue their own research functions shall not be prejudiced by this Section. Accordingly the NWMB shall:
(a)
identify research requirements and deficiencies pertinent to wildlife management and the rational utilization of wildlife resources, and promote and encourage on an ongoing basis, research aimed at meeting requirements and overcoming deficiencies;
(b)
identify relevant persons and agencies to undertake wildlife research;
(c)
review research proposals and applications, and where appropriate recommend on the acceptance or rejection of such proposals to the appropriate government agency;
(d)
collect, classify, and disseminate wildlife statistics and information and maintain a data base adequate for such purposes; and
(e)
carry out all other research functions consistent with its responsibilities.
5.2.38
Further to its responsibilities in Section 5.2.37, the NWMB shall:
(a)
establish and maintain an open file system for all raw and interpreted data and information regardless of its source;
(b)
promote and encourage training for Inuit in the various fields of wildlife research and management;
(c)
promote and encourage the employment of Inuit and Inuit organizations in research and technical positions made available through government and private sector research contracts; and
(d)
prior to the carrying out of research, communicate, consult and cooperate with residents of the Nunavut Settlement Area and DIOs likely to be affected.
5.2.39 - Liability of the NWMB
In discharging any duties or in exercising any powers in good faith, the NWMB shall not be liable to any person, whether natural or artificial, for any loss or damage howsoever occurring.
