ᑕᓇᓱᓕᓐ ᐊᓪᓚᐃᑦ ᑎᒥᖏᑦ: ᐅᐊᓐᓇᖓᓂ ᓴᔅᑳᑦᓱᐊᓐ
40.5.1
In this Part, "Bands" means the Black Lake Indian Band, The Hatchet Lake IndianBand and the Fond du Lac Indian Band.
40.5.2
Notwithstanding any provision of Article 5, the members of the Bands may harvest wildlife for personal, family or community consumption and may trap wildlife within areas of the Nunavut Settlement Area which they have traditionally used and continue to use for those purposes, on a basis equivalent to Inuit under Article5. Where a total allowable harvest is established for a species that is harvested by members of the Bands and Inuit, the NWMB shall allocate a basic needs level for the Bands, separate from any basic needs level for Inuit, based on available evidence of the Bands' harvesting of that species inside the Nunavut Settlement Area, taking into account the Bands' harvesting of that species outside the Nunavut Settlement Area. Where the basic needs levels for Inuit and the Bands exceed the total allowable harvest, the total allowable harvest shall be allocated between Inuit and the Bands so as to reflect the ratio of their basic needs levels.
40.5.3
For the purpose of exercising the rights under Section 40.5.2 within areas of the Nunavut Settlement Area which they have traditionally used and continued to use, members of the Bands shall have the same access to lands, including Inuit Owned Lands, as do Inuit.
40.5.4
The NWMB shall consult with the Councils of the Bands on decisions of the NWMB of direct concern to those Bands and to determine how fairly to give effect to Section 40.5.2.
40.5.5
The NWMB shall work cooperatively with any interjurisdictional management institutions for protecting and conserving caribou herds or other species which are harvested by members of a Band and Inuit.
40.5.6
Notwithstanding Part 8 of Article 5, an application from a member of a Band to establish or carry out any facility or venture described in Part 8 of Article 5 in an area that has been traditionally used and continues to be used by members of that Band shall not be subject to a right of first refusal by Inuit. Any such application shall be subject to laws of general application.
40.5.7
The NPC, NIRB and the NWB, in performing their review functions, shall allow full standing to the Councils of the Bands to make representations respecting their interests in areas they have traditionally used and continue to use, and shall take those representations into account.
40.5.8
40.5.9
In the event that there is any cabin of a member of a Band on Inuit Owned Land and that cabin existed on January 1, 1992, members of the Band may continue to use and occupy that cabin and the DIO shall, upon request of the Band Council accompanied by adequate evidence, relinquish to the Crown title to the site of the cabin. The obligation to relinquish title to the Crown shall not apply to any request made more than 2 years after the date of ratification. In the event of disagreement between the DIO and a Band Council regarding any matter concerning this section, either party may require the disagreement to be resolved pursuant to the territorial Arbitration Act. For greater certainty, the relinquishment to the Crown shall not have the effect of making the lands reserves within the meaning of the Indian Act.
