ᐃᓄᐃᑦ ᓄᓇᖁᑎᖏᑦᑕ ᐊᑑᑎᖏᑦ
PART 1
DEFINITIONS
19.1.1
In this Article:
"land titles office" means the office of the registrar;
"natural boundary" means a boundary described in relation to the position of a natural feature;
"property description" means
(a)
in the case of those lands that vest pursuant to Section 19.3.1, any of the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 or any plan replacing any of those maps pursuant to Section 19.8.4 or 19.8.12, and
(b)
in the case of those lands that vest pursuant to another section of the Agreement, the map or plan or other description of those lands;
"significant deposit" means a deposit of carving stone determined by the DIO to be suitable for the exercise of Inuit rights under Sections 19.9.2 and 19.9.7;
"Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized by the federal Minister of Energy, Mines and Resources to carry out any or all of the duties of the Surveyor General.
PART 2
FORM OF TITLE
19.2.1
Inuit Owned Lands shall be held in either of the following forms:
(a)
fee simple including the mines and minerals that may be found to exist within, upon or under such lands; or
(b)
fee simple saving and excepting the mines and minerals that may be found to exist within, upon or under such lands, together with the right to work the same, but including the right to all specified substances.
19.2.2
The right to work minerals referred to in Sub-section 19.2.1(b) does not entail the right to empower a person to explore, develop, produce or transport minerals in, on or under Inuit Owned Lands except in accordance with Article 21.
19.2.3
Where a third party holds a mineral interest from the Crown in relation to lands, title to which is held by Inuit in the form referred to in Sub-section 19.2.1(a) or (b), the third party shall have the right to remove, work and use all or any specified substances in the lands subject to that mineral interest in the course of exercising the rights accorded by the interest, provided that such removal, working or use is strictly incidental to the working of the interest. No compensation shall be payable by the third party to the DIO for such specified substances except:
(a)
(b)
where the specified substances are used for a purpose not directly related to the exercise of that mineral interest.
19.2.4
Any dispute as to the amount of any compensation payable or the circumstances in which it becomes payable under Section 19.2.3 may be referred by either the DIO or the third party to the Tribunal for resolution.
19.2.5
Unless otherwise provided in a property description, title to Inuit Owned Lands shall include title to those lands covered by water except where:
(a)
a bank of a river, stream, lake or other water body forms the boundary of a parcel of Inuit Owned Lands; or,
(b)
in the case of a lake or other water body, Inuit Owned Lands do not enclose the lake or water body.
19.2.5
Amended P.C. 2009-132 January 29, 2009
Unless otherwise provided in a property description,
(a)
where a river, stream, lake or other water body is wholly contained within the boundaries of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall include the bed of that water body;
(b)
where a boundary of a parcel of Inuit Owned Lands crosses a river, stream, lake or other water body, title to that parcel of Inuit Owned Lands shall include the bed of the part of that water body within the boundaries of that parcel; and
(c)
where a bank of a river, stream, lake or other water body forms a boundary of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall not include the bed of that water body.
19.2.6
Inuit Owned Lands shall not include areas described in Schedule 19-1 and shown on the map appended thereto for information purposes only, or marine areas.
19.2.7
Notwithstanding anything in Section 19.2.5, Government has the right, subject to the Agreement, to protect and manage water and land covered by water, and to use water in connection with such right, throughout the Nunavut Settlement Area for public purposes, including:
(a)
management and research in respect of wildlife, and aquatic habitat;
(b)
protection and management of navigation and transportation, establishment of navigation aid devices, and dredging of navigable water bodies;
(c)
protection of water resources from contamination and degradation; and
(d)
flood control and fire fighting.
PART 3
VESTING OF INUIT OWNED LANDS UPON RATIFICATION
19.3.1
Upon ratification of the Agreement, the Inuit Owned Lands totalling an area at least equal to the amounts specified in Schedules 19-2 to 19-7 and shown on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 shall vest in the DIO in the form indicated on those maps and in accordance with the descriptions on those maps.
19.3.2
The maps referred to in Section 19.3.1 are those maps that were jointly delivered by the Parties to the registrar on the 15th day of April 1993.
19.3.3
A copy of the maps referred to in Section 19.3.1, certified by both Parties as true and accurate, shall be provided to each of the Parties prior to the delivery of the maps pursuant to Section 19.3.2.
19.3.4
The registrar shall record the fact of the vesting of title in the DIO of the Inuit Owned Lands referred to in Section 19.3.1 as soon as possible after the date of ratification of the Agreement.
PART 4
FUTURE INUIT OWNED LANDS
19.4.1
Government shall grant to the DIO, as Inuit Owned Lands in the form referred to in Sub-section 19.2.1(b), the lands described in an item of Part I or II of Schedule19-8:
(a)
in the case of Part I of the Schedule, six months after
(i)
the DIO provides Government with a letter obtained from the lessee referred to in that item stating that the lessee consents to its lease being located on Inuit Owned Lands, or
(ii)
the lease referred to in that item terminates,
whichever event first occurs, on the condition the consent is given or the lease terminates within two years of the date of ratification of the Agreement; and
(b)
in the case of Part II of the Schedule, when Government declares the lands to be surplus to its needs and the DIO pays Government their fair market value.
19.4.2
The lands described in an item of Part III of Schedule 19-8 shall vest in the DIO as Inuit Owned Lands in the form referred to in Sub-section 19.2.1(b) on the date or event specified in that item.
PART 5
FUTURE INUIT OWNED LANDS STATUS
19.5.1
Any portion of the lands in Pangnirtung described in an item of Schedule 19-9 shall become Inuit Owned Lands in the form referred to in Sub-section 19.2.1(b) when the DIO acquires the fee simple interest to that portion at no cost to Government.
PART 6
FUTURE GRANTS TO GOVERNMENT
19.6.1 - North Warning System Microwave Repeater Sites
The DIO shall grant to Government, at no cost to Government, for microwave repeater structures to be established as part of the North Warning System,
(a)
its full interest in the parcels of Inuit Owned Lands specified in Part I ofSchedule 19-10, and
(b)
up to two easements on the parcels of Inuit Owned Lands specified in Part IIof Schedule 19-10,
upon receipt by the DIO from Government of a description of the more precise locations of these parcels and that easement. Government shall survey the parcels granted under Sub-section (a).
19.6.2 - North Warning System Resupply Easement
The Inuit Owned Lands described in an item of Part III of Schedule 19-10 shall become subject to an easement, at no cost to Government, as a route for the winter resupply of the North Warning System between the places referred to in that item upon:
(a)
agreement between Government and the DIO granting to Government that easement; or
(b)
determination by an arbitration panel pursuant to Article 38 of the location of that easement and of the terms and conditions of use for that easement.
19.6.3 - Public Easements
The Inuit Owned Lands described in an item of Schedule 19-11 are subject to the easement described in that item except that the more precise location of the easement and the terms and conditions of its exercise may be determined by:
(a)
agreement between Government and the DIO; or
(b)
an arbitration panel, pursuant to Article 38, at the request of Government or the DIO.
PART 7
ALIENATION OF INUIT TITLE
19.7.1
Subject to Section 19.7.2, title to Inuit Owned Lands shall not be conveyed, transferred or otherwise disposed of by the DIO except to another DIO or the Government of Canada or as otherwise provided in the Agreement.
19.7.2
Within a municipality, title to Inuit Owned Lands may be conveyed, transferred or otherwise disposed of by the DIO to the Government of Canada, Territorial Government or a Municipal Corporation as appropriate.
19.7.3
Sections 19.7.1 and 19.7.2 shall not be construed as preventing the grant of leases, licences or any other interest less than fee simple title in or over Inuit Owned Lands by the DIO.
PART 8
PROPERTY DESCRIPTIONS, SURVEYS AND BOUNDARIES
19.8.1 - Descriptive Map Plans
Government shall prepare, and, within two years of the date of ratification of the Agreement, complete at no cost to the DIO, descriptive map plans for all Inuit Owned Lands vesting pursuant to Section 19.3.1 or Sub-section 19.4.1(a) that have not been surveyed and that are not required to be surveyed pursuant to Sub-section19.8.8(d).
19.8.2
Subject to Section 19.8.3, the descriptive map plans prepared pursuant to Section19.8.1 shall contain text incorporated directly onto plans derived from National Topographic Series maps with the necessary detail appearing at a scale not smaller than 1:250,000, describing in detail the boundaries of Inuit Owned Lands.
19.8.3
For the purpose of the descriptive map plans prepared pursuant to Section 19.8.1, the boundaries of Inuit Owned Lands within municipalities shall be described on1:2,000 scale municipal maps or on plans derived from the National Topographic Series maps with necessary detail appearing at a scale not smaller than 1:50,000.
19.8.4
Upon approval by the DIO and Government, the descriptive map plans prepared pursuant to Section 19.8.1 shall be jointly delivered by the Parties to the registrar at no cost to the DIO and shall, immediately upon delivery, become the property descriptions of Inuit Owned Lands, replacing the initial property descriptions, effective as of the date of ratification of the Agreement.
19.8.5
Upon delivery pursuant to Section 19.8.4 of any descriptive map plan for any parcel of Inuit Owned Lands that vests under Section 19.3.1 or Sub-section19.4.1(a), the Minister shall deposit with the registrar a notification that the parcel of Inuit Owned Lands has been vested in the DIO and this notification shall be accepted by the registrar and dealt with in all respects, including the issuance of a certificate of title, as if it were letters patent in favour of the DIO, even if there is no plan of survey and regardless of the size of the parcel.
19.8.6
A notification referred to in Section 19.8.5 shall specify that the title is subject to any qualifications provided by the Agreement.
19.8.7
After deposit of a notification under Section 19.8.5, a notice to the registrar from a DIO in which title to Inuit Owned Lands is vested that another DIO has full authority in respect of those lands shall be dealt with in all respects as if it were a grant of title from the former DIO to the other DIO.
19.8.8 - Surveys
The majority of Inuit Owned Lands will not require surveys to determine the boundaries, however:
(a)
the boundaries or part of the boundaries of Inuit Owned Lands shall be surveyed by Government when the DIO and Government agree that surveys are required to avoid or resolve conflicts with another title or interest holder;
(b)
the boundaries or part of the boundaries of Inuit Owned Lands may for any purpose be surveyed at Government's discretion;
(c)
the boundaries of the parcels excluded from Inuit Owned Lands described in Schedule 19-12 shall be surveyed by Government within one year of the date of ratification of the Agreement; and
(d)
the boundaries of Inuit Owned Lands within municipal boundaries that are described in Schedule 19-13 shall be surveyed by Government within three years of the date of ratification of the Agreement.
19.8.9
The Government of Canada shall be responsible for the cost of each legal survey which is conducted pursuant to Section 19.8.8 provided that this provision shall not prevent that Government from levying charges in respect of such surveys on any person whose lands abut Inuit Owned Lands.
19.8.10
Government shall not be responsible for the costs of surveys associated with the leasing or subdivision of Inuit Owned Lands.
19.8.11
Each boundary survey conducted pursuant to Section 19.8.8 shall be conducted and monuments shall be placed in accordance with the instructions of the Surveyor General and the Canada Lands Survey Act, as if the lands were still Crown lands.
19.8.12
Where a legal survey is completed for any boundary or any part of a boundary of Inuit Owned Lands, the plan of survey, when signed by the DIO and Government and delivered to the registrar, shall become the property description for that boundary or that part, replacing any previous property description of that boundary or that part, effective as of the date of ratification of the Agreement.
19.8.13 - Natural Boundaries
Natural boundaries of Inuit Owned Lands along waters shall be located at the ordinary high water mark, unless otherwise indicated in property descriptions.
19.8.14
Notwithstanding Sections 19.3.1, 19.8.4 and 19.8.12 and for greater certainty, natural boundaries, including offset natural boundaries, of Inuit Owned Lands shall move with the various natural processes of erosion and accretion, including isostatic rebound of coastal areas, and any other natural movement of the natural feature in relation to which the boundary is described that is gradual and imperceptible from moment to moment.
19.8.15
Subject to Section 19.8.12, where a survey of Inuit Owned Lands is being conducted and where any natural boundary of Inuit Owned Lands is found to be unclear, the Surveyor General shall have the authority to place a series of monuments approximating the mean position of the intended boundary.
19.8.16
Lands within 100 feet of the boundary of the Nunavut Settlement Area shall not be Inuit Owned Lands, except where the bank of a river or lake forms part of the boundary of the Nunavut Settlement Area and can be used to clearly locate the Inuit Owned Lands parcel as being within the Nunavut Settlement Area.
19.8.17 - Subsurface Boundary Disputes
Any dispute as to boundaries between the holders of recorded mineral claims, one or more of which is,
(a)
in existence at the date of ratification of the Agreement, or
(b)
recorded after the date of ratification of the Agreement but under the terms of a prospecting permit in effect on the date of ratification of the Agreement,
and which is located in whole or in part on Inuit Owned Lands held in the form referred to in Sub-section 19.2.1(a) shall be resolved in accordance with the provisions of the Canada Mining Regulations in existence at the date of ratification of the Agreement.
19.8.18
Any disputes as to boundaries between a holder of a recorded mineral claim described in Sub-section 19.8.17(a) or (b) and the holder of an interest created by the DIO in Inuit Owned Lands held in the form referred to in Sub-section 19.2.1(a) shall be resolved in accordance with the provisions of the Canada Mining Regulations in existence at the date of ratification of the Agreement.
19.8.19
The registrar shall, upon deposit of a decision pursuant to Section 19.8.17 or19.8.18 in the land titles office, reflect that decision in any documents registered in the office.
PART 9
RIGHTS TO CARVING STONE
19.9.1
Following the date of the ratification of the Agreement, Government shall notify the DIO of the discovery of any deposits of carving stone on Crown lands.
19.9.2
Following the date of the ratification of the Agreement, the DIO shall, subject toGovernment obligations respecting third party rights, have the right:
(a)
to obtain an exclusive quarry lease to significant deposits of carving stone; or
(b)
to acquire title to the land containing significant deposits of carving stone in exchange for other Inuit Owned Lands.
Lands acquired under Sub-section (b) shall be Inuit Owned Lands.
19.9.3
If Government and the DIO cannot agree on the lands to be exchanged pursuant toSub-section 19.9.2(b), the matter shall be referred to arbitration pursuant to Article 38
19.9.4
An Inuk shall have the right to remove up to 50 cubic yards per year of carving stone from Crown lands without a permit and the right may be exercised on Crown lands that are subject to other interests on condition that:
(a)
there be no significant damage; and
(b)
there be no significant interference with use and quiet enjoyment of the land by the interest holder.
19.9.5
In the event of any conflict between a DIO holding a permit or a lease to quarry carving stone and a person who has rights to explore for, develop or produce minerals other than specified substances, the conflict in respect of those rights shall be resolved by the Tribunal.
19.9.6
No person other than a DIO may be granted a permit or a lease to quarry carving stone on Crown lands for carving purposes, or to dispose of carving stone for carving purposes.
19.9.7
Prior to the establishment of a National Park in the Nunavut Settlement Area, the agency responsible for establishing the Park shall undertake at the request of Inuit in affected communities, when there is potential for carving stone, a detailed study to determine the location, the extent and quality of any deposit of carving stone within the proposed boundaries of the Park. At the request of Inuit, significant deposits of carving stone and routes of access shall be excluded from the boundaries of the Park, insofar as such exclusions would not appreciably detract from the park purpose or objectives.
19.9.8
Sections 19.9.1 to 19.9.6 do not apply within National Parks. Within National Parks, Inuit have the right to remove carving stone subject to the terms and conditions of an IIBA pursuant to Article 8 regarding technology, amount, physical access, the protection of the environment and integrity of the Park, and any other terms and conditions as may be appropriate. Except as permitted by the agency responsible, Inuit shall not extract carving stone in National Parks with powered tools or explosives.
19.9.9
Within Territorial Parks and Conservation Areas, Inuit rights under Sections 19.9.2 and 19.9.4 shall be exercised only as provided for in an IIBA pursuant to Article8 or 9.
PART 10
MUNICIPAL LAND DEVELOPMENT COSTS
19.10.1
The DIO shall reimburse the Territorial Government for the costs listed in Schedule 19-14, being costs incurred before the date of ratification of the Agreement in the development of each of the parcels of Inuit Owned Lands that are specified in the Schedule, payment to be made at the time that a development permit is issued in respect of that parcel.
PART 11
CONDITION OF VESTING
19.11.1
The vesting of title under Section 19.3.1 in respect of
(a)
parcel RE-28/46O,P on the Melville Peninsula is subject to any surface disturbances or improvements created, before the date of ratification of the Agreement, by Borealis Exploration Limited, and
(b)
Lot 52, Plan 737 (former RCMP post), Lake Harbour is subject to any improvements created, before the date of ratification of the Agreement, by the Royal Canadian Mounted Police, and Government is not liable to Inuit or the DIO for any loss or damage relating to or costs incurred in respect of those disturbances or improvements.
SCHEDULE 19-1
HIGH ARCTIC AREAS EXEMPTED FROM AREAS AVAILABLE FOR INUIT OWNED LANDS
(Section 19.2.6)
Melville Island
Commencing at the intersection of 75E00'N latitude and 110E00'W longitude, on the eastern land boundary of the Inuvialuit Settlement Region;
thence northeasterly in a straight line to the intersection of 75 E10'N latitude and 109E00'W longitude;
thence northeasterly in a straight line to the intersection of 75 E18'N latitude and 107E00'W longitude;
thence northeasterly in a straight line to the intersection of 76 E00'N latitude and 106E00'W longitude;
Byam Martin Channel
thence easterly in a straight line to the intersection of 76 E00'N latitude and 105E00'W longitude, in Byam Martin Channel;
thence southeasterly in a straight line to the intersection of 75 E51'N latitude and the western shore of Ile Marc at approximately 103 E49'W longitude;
thence southeasterly in a straight line to the intersection of 75 E45'N latitude and the western shore of Alexander Island at approximately 103 E21'W longitude;
thence easterly along the southern shore of Alexander Island to the intersection of 75E47'N latitude and 102E32'W longitude;
Bathurst Island West
thence due east along said parallel of latitude to its intersection with 101E00'W longitude, on Bathurst Island;
thence northeasterly in a straight line to the intersection of the north shore of Dundee Bight and 76E00'N latitude at approximately 99E57'W longitude;
thence northeasterly in a straight line to mouth of the Stuart River on the east shore of Stuart Bay at approximately 76E10'N latitude and 99E24'W longitude;
thence northwesterly in a straight line to Cape Mary at the intersection of 76E38'N latitude and 99E40'W longitude;
Allard and Richards Islands
thence due east along said parallel of latitude to the west coast of Allard Island at approximately 99E23'W longitude, and then easterly in a straight line along the north coast to the northernmost point of said island;
thence northeasterly in a straight line to the west coast of Richards Island at approximately 76E40'N latitude and 99E09'W longitude and then easterly along the north coast to the northeasternmost point of said island;
Bathurst Island North
thence easterly in a straight line to the coast of Bathurst Island at approximately 76E41'N latitude and 98E46'W longitude, north of Cracroft Sound;
thence easterly along the northern coast of Bathurst Island to Cape Lady Franklin at 76E40'N latitude and approximately 98E27'W longitude;
Pioneer Island
thence northeasterly in a straight line to and along the north coast of Pioneer
Island to the point of intersection with 96E55'W longitude and approximately 76E59'N latitude;
Devon Island
thence in a straight line to and then along the north coast of the Grinnell Peninsula of Devon Island to Cape Briggs at 77E12'N latitude and approximately 95E43'W longitude;
thence northeasterly in a straight line to the intersection of 77 E26'N latitude and 93E30'W longitude in Norwegian Bay, southwest of Cornwall Island;
Axel Heiberg Island
thence northeasterly in a straight line to Cape Southwest on Axel Heiberg Island at 78E12'N latitude and approximately 92E02'W longitude;
thence easterly along the coast of Axel Heiberg Island to Hyperite Point at 78E09'N latitude and approximately 88E51'W longitude;
thence northerly following the west shore of Wolf Fiord to the intersection of approximately 78E38'N latitude and 88E45'W longitude;
thence northerly in a straight line to a point west of Skaare Fiord at 79 E00'N latitude and 88E20'W longitude;
thence northerly in a straight line to the intersection of 79 E43'N latitude and 88E00'W longitude;
Eureka Sound
thence easterly in a straight line to the intersection of 80 E00'N latitude and 87E00'W longitude in Eureka Sound;
Ellesmere Island
thence easterly in a straight line to the shore of Slidre Fiord at 79 E58'N latitude and approximately 86E25'W longitude, near Cape Hare;
Fosheim Peninsula
thence east along the south shore of Slidre Fiord to the intersection of 79E55'N latitude and approximately 85E00'W longitude;
thence southeasterly in a straight line to the intersection of 79 E38'N latitude and 83E45'W longitude in the Sawtooth Mountains;
thence northerly in a straight line to the intersection of 79 E41'N latitude and 83E40'W longitude;
thence southerly in a straight line to the intersection of 79 E37'N latitude and 83E35'W longitude;
Canon Fiord
thence northeasterly in a straight line to the intersection of 79 E43'N latitude and the west shore of Canon Fiord at approximately 81E58'W longitude;
thence easterly following the south shore of Canon Fiord to the intersection of 79E39'N latitude and 79E50'W longitude;
thence easterly in a straight line to the intersection of 79 E42'N latitude and 79E05'W longitude, near the southern edge of the Agassiz Ice Cap;
thence southwesterly in a straight line to the intersection of 79 E38'N latitude and 79E43'W longitude;
thence southerly in a straight line to the intersection of 79 E12'N latitude and 80E00'W longitude;
Sawyer Bay
thence northeasterly in a straight line to the west shore of Sawyer Bay at 79E21'N latitude and approximately 78E05'W longitude;
Copes Bay
thence northeasterly in a straight line to the west shore of Copes Bay at approximately 79E30'N latitude and 77E10'W longitude;
Dobbin Bay
thence northeasterly in a straight line to the southwest shore of Dobbin Bay at approximately 79E47'N latitude and 74E45'W longitude;
thence east and south along the south shore of Dobbin Bay to 79E32'N latitude and approximately 73E06'W longitude, near Cape Hawks;
thence due east to the seaward extent of the Territorial Sea Boundary;
Territorial Sea Boundary
thence north and west along the Territorial Sea Boundary off the eastern and northern coasts of Ellesmere Island to its intersection with the eastern boundary of the Inuvialuit Settlement Region at 110E00'W longitude; and finally
Inuvialuit Settlement Region
thence due south along said meridian of longitude to its intersection with 75E00'N latitude at the point of commencement.
SCHEDULE 19-1
APPENDIX:
Map of Exempted High Arctic Areas
(for general information purposes only)
SCHEDULE 19-2
LAND QUANTUM: NORTH BAFFIN LAND USE REGION
(Section 19.3.1)
1
The North Baffin Land Use Region includes the communities of Arctic Bay, Clyde River, Grise Fiord, Hall Beach, Igloolik, Pond Inlet and Resolute Bay and every Inuit Owned Lands Parcel bearing one of the following codes: AB, CR, GF, HB, IG, PI or RB.
2
Upon the date of ratification of the Agreement, title shall vest in the DIO to at least 86,060 square kilometres (approximately 33,230 square miles) of Inuit Owned Lands in the North Baffin Land Use Region, consisting of at least 6,0l0 square kilometres (approximately 2,320 square miles) in the form referred to in Sub-section 19.2.1(a), and approximately 80,050 square kilometres (30,910 square miles) in the form referred to in
Sub-section 19.2.1(b).
SCHEDULE 19-3
LAND QUANTUM: SOUTH BAFFIN LAND USE REGION
(Section 19.3.1)
1
The South Baffin Land Use Region includes the communities of Broughton Island, Cape Dorset, Iqaluit, Lake Harbour and Pangnirtung and every Inuit Owned Lands Parcel bearing one of the following codes: BI, CD, IQ, LH or PA.
2
Upon the date of ratification of the Agreement, title shall vest in the DIO to at least 64,745 square kilometres (approximately 25,000 square miles) of Inuit Owned Lands in the South Baffin Land Use Region consisting of at least 4,480 square kilometres (approximately 1,730 square miles) in the form referred to in Sub-section 19.2.1(a), and approximately 60,265 square kilometres (23,270 square miles) in the form referred to in These quantums do not include the lands described in Schedule 40-2.
Sub-section 19.2.1(b).
SCHEDULE 19-4
LAND QUANTUM: KEEWATIN LAND USE REGION
(Section 19.3.1)
1
The Keewatin Land Use Region includes the communities of Arviat, Baker Lake, Chesterfield Inlet, Coral Harbour, Rankin Inlet, Repulse Bay and Whale Cove and every Inuit Owned Lands Parcel bearing one of the following codes: AR, CH, CI, RI, RE or WC.
2
Upon the date of ratification of the Agreement, title shall vest in the DIO to at least 95,540 square kilometres (approximately 36,890 square miles) of Inuit Owned Lands in the Keewatin Land Use region, consisting of at least 12,845 square kilometres (approximately 4,960 square miles) in the form referred to in Sub-section 19.2.1(a), and approximately 82,695 square kilometres (31,931 square miles) in the form referred to in
Sub-section 19.2.1(b).
SCHEDULE 19-5
LAND QUANTUM: KITIKMEOT EAST LAND USE REGION
(Section 19.3.1)
1
The Kitikmeot East Land Use Region includes the communities of Gjoa Haven, Pelly Bay and Spence Bay and every Inuit Owned Lands Parcel bearing one of the following codes: GH, PB or SB.
2
Upon date of ratification of the Agreement, title shall vest in the DIO to at least 36,970 square kilometres (approximately 14,275 square miles) of Inuit Owned Lands in the Kitikmeot East Land Use Region, consisting of at least 1,500 square kilometres (approximately 580 square miles) in the form referred to in Sub-section 19.2.1(a), and approximately 35,470 square kilometres (13,696 square miles) in the form referred to in
Sub-section 19.2.1(b).
SCHEDULE 19-6
LAND QUANTUM: KITIKMEOT WEST LAND USE REGION
(Section 19.3.1)
1
The Kitikmeot West Land Use Region includes the communities of Bathurst Inlet, Bay Chimo, Cambridge Bay and Coppermine and every Inuit Owned Lands Parcel bearing one of the following codes: BB, CB or CO.
2
Upon the date of ratification of the Agreement, title shall vest in the DIO to at least 66,390 square kilometres (approximately 25,635 square miles) of Inuit Owned Lands in the Kitikmeot West Land Use Region, consisting of at least 9,645 square kilometres (approximately 3,724 square miles) in the form referred to in Sub-section 19.2.1(a), and approximately 56,745 square kilometres (21,911 square miles) in the form referred to in
Sub-section 19.2.1(b).
SCHEDULE 19-7
LAND QUANTUM: SANIKILUAQ LAND USE REGION
(Section 19.3.1)
1
The Sanikiluaq Land Use Region is the area defined in Section 3.3.1.
2
The community of Sanikiluaq is the only community within the Sanikiluaq Land Use Region.
3
Upon the date of ratification of the Agreement, title shall vest in the DIO to at least 2,486 square kilometres (approximately 960 square miles) of Inuit Owned Lands in the Sanikiluaq Land Use Region, in the form referred to in Sub-section 19.2.1(a).
These quantums do not include the lands described in Schedule 40-2.
SCHEDULE 19-8
FUTURE INUIT OWNED LANDS
PART I
(Sub-section 19.4.1(a))
Parcel Description
Lessee
1. The whole Crown lands parcel at Chantry Inlet, including the area subject to Lease No. 3371 (Tourism) (Lands File No. 56L/13-1), abutting Inuit Owned Lands Parcels GH-07/56L,M, 66I,P.
Chantry Inlet Lodge Ltd.
2. The whole Crown lands parcel at Char Lake, Victoria Island, including the area subject to Lease No. 67C/12- 3-2 (Tourism) (Lands File No. 67C/12-3), abutting Inuit Owned Lands Parcels CB-21/67C,77D.
Northern Emak Outfitting Ltd. (Adventures Northwest Ltd.)
3. The whole Crown lands parcel at Merkely Lake, Victoria Island, including the area subject to Lease No. 3773 (Tourism) (Lands File No. 77D/13-1), abutting Inuit Owned Lands Parcels CB-41/77C,D,E,F.
High Arctic Sportsfishing Camps Ltd.
4. The whole Crown lands parcel at Read Island, Victoria Island, including the area subject to Lease No. 87D/2-1-5 (Institutional) (Lands File No. 87D/2-1), abutting Inuit Owned Lands Parcel CO-79/87D.
A. and E. Joss
PART II
(Sub-section 19.4.1(b))
NAVIGATION AIDS SITES - CHESTERFIELD INLET
General Location
Parcel Description
1 Monark Reef
federal government reserve No. 55N/15-1-2 as shown on the map in Lands File No. 55N/15-1
2 Big Bay
federal government reserve No. 55N/15-2-2 as shown on the map in Lands File No. 55N/15-2
3 Skwa Reef
federal government reserve No. 55N/15-3-2 as shown on the map in Lands File No. 55N/15-3
4 Deer Island
federal government reserve No. 55O/11-1-2 as shown on the map in Lands File No. 55O/11-1
5 Ranger Seal Island
federal government reserve No. 55O/12-1-2 as shown on the map in Lands File No. 55O/12-1
6 Fox Point
federal government reserve No. 55O/12-2-2 as shown on the map in Lands File No. 55O/12-2
7 Big Island
federal government reserve No. 55O/12-4-4 as shown on the map in Lands File No. 55O/12-4
8 Bittern Point
federal government reserve No. 55O/12-5-2 as shown on the map in Lands File No. 55O/12-5
WATER SURVEY SITES - BAKER LAKE
Location
Parcel Description
1 Kunwak River
federal government reserve No. 65P/14-1-2 as shown on the map in Lands File No. 65P/14-1
2 Schultz Lake
federal government reserve No. 66A/14-1-2 as shown on the map in Lands File No. 66A/14-1
3 Dubawnt River
federal government reserve No. 66B/3-1-2 as shown on the map in Lands File No. 66B/3-1
4 Dubawnt River
federal government reserve No. 66B/5-2-2 as shown on the map in Lands File No. 66B/5-2
PART III
(Section 19.4.2)
Parcel Description Interest Holder Date of Vesting
1
The Whole Crown lands parcel at Hiukitak Lake, Bathurst Bay, including the area subject to Lease No. 76J/16-1-7 (Lands File No. 76J/16-1), abutting Inuit Owned Lands Parcel BB-32/76I,J,O,P. Bathurst Inlet Developments (1984) Ltd. 36981
2
The whole Crown lands parcel at Wilberforce Falls, Hood River, including the area subject to Lease No. 76N/2-3-2 (Lands File No. 76N/2-3), abutting Inuit Owned Lands Parcel BB-39/76K,N. Bathurst Inlet Developments (1984) Ltd. 35461
3
The whole Crown lands parcel at Tree River, Coronation Gulf, including the area subject to Lease No. 76M/12-2-6 (Lodge) (Lands File No. 76M/12-2) and Lease No. 76M/12-3-5 (Airstrip) (Land File No. 76M/12-3), abutting Inuit Owned Lands Parcel CO-33/76M. Great Bear Lake Lodge Ltd. 39813
4
The whole Crown lands parcel at Char Lake, Victoria Island, including area subject to former Lease No. 2149 (Lands File No. 67C/12-2), abutting Inuit Owned Lands Parcel CB-21/67C,77D. Arctic Outpost Camps Ltd. 36160
5
The whole Crown lands parcel at Coppermine River at Melville Creek, including the area subject to Lease No. 86O/4-1-2 (Lands File No. 86O/4-1), abutting Inuit Owned Lands Parcel CO-60/86O 352732 Alberta Ltd. 31/08/2005 Parcel Description Interest Holder Date of Vesting
6
Pipeline right of way at Iqaluit between Lot 536, Plan 911 and Lot 56, Plan 674. Date when Municipality of Iqaluit gives written confirmation the right of way is no longer needed by it.
7
Two parcels excluded from Inuit Owned Lands Parcel PI-29/38B at Button Point area, Bylot Island, containing Certificates of Title 91 and 93 as shown on that Parcel's property description. 15519 Canada Inc. (Northwest Company) Date when the interest holder relinquishes its fee simple interest in the two parcels excluded from Inuit Owned Lands Parcel PI-29/38B.
8
The whole Crown lands parcel at South Henik Lake, including the area subject to former Lease No. 3378 (Tourism) (Lands File No. 65H/11-1), abutting Inuit Owned Lands Parcel AR-27/65H. Keewatin Arctic Camps Co. Ltd. 36160
SCHEDULE 19-9
FUTURE INUIT OWNED LANDS STATUS
(Section 19.5.1)
Owner
Description
1. 155191 Canada Inc. (Northwest Company)
Lot 351, LTO 1526
2. Bishop of the Arctic (Anglican)
Lot 445, LTO 2059
SCHEDULE 19-10
NORTH WARNING SYSTEM
PART I
(Sub-section 19.6.1(a))
1
Six parcels of 1.3 square kilometres (approximately one-half square mile) each on Inuit Owned Lands Parcels: BI-01/16L,K BI-10/16L,M,26I BI-19/26P BI-20/26P,27A BI-21/26P,27A BI-31/27A,B
2
Four 61 metre (approximately 200 foot) square parcels on Inuit Owned Lands Parcels: SB-06/57B SB-08/57B CB-37/77D CB-39/77A,C,D
PART II
(Sub-section 19.6.1(b))
1
Inuit Owned Lands parcels: HB-06/47A,D HB-10/47B
PART III
(Section 19.6.2)
Parcels affected
Easement Route
1. HB-06/47A,D HB-07/47A,D HB-10/47B
Between Lailor Lakes and Hall Beach
2. PB-49/57A PB-51/57A SB-05/57B SB-06/57B
Between Pelly Bay and Shepherd Bay
SCHEDULE 19-11
PUBLIC EASEMENTS
(Section 19.6.3)
Parcels Affected
Easement
1. CD-21/36B,C
A 9l.5 metre (approximately 300 foot) wide public travel route between Tasiujaquaq and Ipitaup Qungua, near Cape Dorset.
2. IQ-24/25J
Access by the public to aircraft landing sites north of the York River currently being used by research teams.
3. PA-19/26L,E
Access by the public to aircraft landing sites on Burwash Bay at Nettilling Lake.
4. BL-19/66A BL-21/66A BL-22/66A
A public transportation route, the location to be based on the location of the winter road routes used in the years 1980 to 1990 between Baker Lake and the Kiggavik area.
5. BL-14/56D,E,66A,H
A public transportation route, the location to be based on the location of the winter road routes used in the years 1980 to 1990 between Baker Lake and the Meadowbank River area.
6. AR-09/55E
A public travel route between Arviat and Maguse Lake.
7. RI-24/55L, 65I RI-25/55L,65I,P
A public travel route along the overland portion of the existing winter road between Ferguson Lake and Kaminuriak Lake.
8. RI-07/55J,K
A public travel route across Pangnirqtuuq Peninsula between Rankin Inlet and Whale Cove.
9. PB-01/56P PB-02/56P PB-03/56P PB-04/56P PB-31/57A PB-32/57A RE-21/46L,M,56I
A public transportation route between Pelly Bay and Repulse Bay.
10. HB-05/47A
A public travel route between Hall Beach and Hall Lake.
SCHEDULE 19-12
PARCELS EXCLUDED FROM INUIT OWNED LANDS TO BE SURVEYED WITHIN ONE YEAR
(Sub-section 19.8.8(c))
Location
Parcel Description
1. Koluktoo Bay, Baffin Island
That portion of the Crown lands parcel, including the aircraft landing site and the 30.5 metre (approximately 100 foot) strip lying between the landing site and the ordinary high water mark of the north shore of Koluktoo Bay, that is excluded from Inuit Owned Lands Parcel PI-31/48A.
2. Walrus Island, Southampton Island, Hudson Bay
That portion of the unreserved navigation aid site encompassing the existing beacon and a service area, as staked by Government and the Coral Harbour CLINT, abutting Inuit Owned Lands Parcel CH-12/45O.
3. Sentry Island, Hudson Bay
That portion of the existing navigation aid site, shown as Reserve No. 55F/4-2-2 on Lands File No. 55F/4-2, encompassing the existing navigation aid and helicopter landing site, as staked by Government and the Arviat CLINT, abutting Inuit Owned Lands Parcel AR-18/55F.
4. McConnell River, Right Bank
The Crown lands parcel encompassing the existing wildlife research facility in the McConnell River Bird Sanctuary, shown as Reserve No. 55D/16-1-2 on Lands File No. 55D/16-1, abutting Inuit Owned Lands Parcel AR-04/55D.
5. Walrus Island, Hudson Bay
That portion of the existing navigation aid site, shown as Reserve No. 55F/16-1-2 on Lands File No. 55F/16-1, encompassing the existing navigation aid and helicopter landing site, as staked by Government and the Arviat CLINT, abutting Inuit Owned Lands Parcel AR-22/55F.
6. Long Point, Victoria Island
That portion of the existing navigation aid site, shown as Reserve No. 77D/2-38-4 on Land Files No. 77D/2-38, encompassing the existing navigation aid and a servicing area, as staked by Government and the Cambridge Bay CLINT, abutting Inuit Owned Lands Parcel CB-37/77D.
7. Cape Colborne, Victoria Island
That portion of the existing navigation aid site, shown as Reserve No. 77A/15-1-4 on Lands File No. 77A/15-1 encompassing the existing navigation aid and a servicing area, as staked by Government and the Cambridge Bay CLINT, abutting Inuit Owned Lands Parcel CB-20/67B,C,77A,D.
SCHEDULE 19-13
LANDS WITHIN MUNICIPALITIES TO BE SURVEYED WITHIN 3 YEARS
(Sub-section 19.8.8(d))
Community
Inuit Owned Lands Parcel / General Description
1. Coppermine:
501 - SK - 062 / southwest of land assembly area
501 - SK - 063 / southwest of land assembly area
2. Rankin Inlet:
600 - SK - 150 / portion of commercial Lots 41, 280, 349
600 - SK - 151 / portion of commercial Lots 41, 280, 349
600 - SK - 152 / Nuvuk Subdivision Block 200
600 - SK - 153 / Nuvuk Subdivision Block 206
600 - SK - 154 / Nuvuk Subdivision Lot 196
600 - SK - 155 / Nuvuk Subdivision Lot 217
600 - SK - 156 / Nuvuk Subdivision Lot 218
600 - SK - 157 / parcel between Williamson Lake and Lot 1001 quad 55/K
3. Pangnirtung:
804 - SK - 095 / east side of Duval River
804 - SK - 096 / west side of Duval River
804 - SK - 097 / Duval River (Island)
804 - SK - 098 / adjacent to Lot 351
804 - SK - 099 / portion of Lot 474
4. Iqaluit:
800 - SK - 197 / unsurveyed beach front parcel adjacent to MOT reserve including easement for buried sewage line, excluding that parcel now surveyed and identified as Prov. Lot 2, Block 47
800 - SK - 199 / unsurveyed parcel adj. to Lots 433 and 504
800 - SK - 200 / portion of Provisional Block 200 - near Ukiivik residence
800 - SK - 201 / unsurveyed parcel in North 40 with utilidor and power easements
5. Cape Dorset:
803 - SK - 081 / adjacent to block 16
803 - SK - 082 / parcel adjacent to LTO 87
6. Lake Harbour:
801 - SK - 028 / parcel including POL easement
801 - SK - 027 / parcel at south end of existing airstrip
7. Whale Cove:
608 - SK - 054 / parcel along coast west of built- up area excluding 6.1 metre (approximately 20 foot) setback from existing road
8. Spence Bay:
504 - SK - 089 / parcel adj. to Lot 74 LTO 2042
504 - SK - 090 / parcel west side of land assembly
9. Cambridge Bay:
500 - SK - 103 / Provisional Lot P15
500 - SK - 104 / Provisional Lot P67
500 - SK - 105 / Provisional Lot P68
500 - SK - 106 / Provisional Lot P71
500 - SK - 107 / Provisional Lot P72
500 - SK - 108 / Provisional Lot P75
(Inuinnaqtun)
500 - SK - 109 / unsurveyed industrial parcel, west side of community
SCHEDULE 19-14
MUNICIPAL LAND DEVELOPMENT COSTS
(Inuinnaqtun) (Nalaani 19.10.1)
(Section 19.10.1)
Community
Parcel / Cost
1. Cambridge Bay Parcel
500 - SK - 103/104/105 / $6,400 per lot
2. Cape Dorset
Lot 1, B1.16, Plan 1552 / $3887.46
Lot 2, B1.16, Plan 1552 / $3887.46
3. Rankin Inlet
600 - SK - 150 / $11600
600 - SK - 151 / $11600
600 - SK - 152 / $40000
600 - SK - 153 / $51200
600 - SK - 154/155/156 / $19829
4. Pond Inlet
Lot 277, Plan 1954 / $3769.37
Lot 279, Plan 1954 / $2108.54
