NIGYUTIT
PART 1
GENERAL
5.1.1 - Definitions
In this Article:
"adjusted basic needs level" means the level of harvesting by Inuit identified in Sections 5.6.26 to 5.6.30;
"big game" means those species listed in Schedule 5-1;
"furbearers" means those species listed in Schedule 5-2;
"international agreement" means a wildlife agreement between the Government of Canada and one or more foreign states or associations of foreign states;
"marketing" means sale and other types of commercial disposition, in raw or processed form, but does not include retail disposition at a restaurant;
"migratory birds" means birds referred to in Schedule 5-3;
"naturalist lodge" means a facility catering primarily to the observation or study of natural or cultural features;
"non-quota limitation" means a limitation of any kind, except a total allowable harvest, and may include a limitation on season of harvest, sex of wildlife, size of wildlife, age of wildlife or method of harvest;
"Nunavut Wildlife Harvest Study" (Study) means the harvesting study identified in Part 4;
"other residents" means residents of the Nunavut Settlement Area other than Inuit;
"Region" means the Baffin Region, Keewatin Region or Kitikmeot Region;
"species" means any particular species or any distinct sub-group within a species such as a stock or population;
""sports lodge"" means a facility catering primarily to the sport harvesting of wildlife; ""Study"" means the Nunavut Wildlife Harvest Study;
"surplus" means the difference between the adjusted basic needs level and the total allowable harvest and, where there is no adjusted basic needs level, the difference between the basic needs level and total allowable harvest;
"total allowable harvest" for a stock or population means an amount of wildlife able to be lawfully harvested as established by the NWMB pursuant to Sections 5.6.16 to 5.6.18.
5.1.2 - Principles
This Article recognizes and reflects the following principles:
(a)
Inuit are traditional and current users of wildlife;
(b)
the legal rights of Inuit to harvest wildlife flow from their traditional and current use;
(c)
the Inuit population is steadily increasing;
(d)
a long-term, healthy, renewable resource economy is both viable and desirable;
(e)
there is a need for an effective system of wildlife management that complements Inuit harvesting rights and priorities, and recognizes Inuit systems of wildlife management that contribute to the conservation of wildlife and protection of wildlife habitat;
(f)
there is a need for systems of wildlife management and land management that provide optimum protection to the renewable resource economy;
(g)
the wildlife management system and the exercise of Inuit harvesting rights are governed by and subject to the principles of conservation;
(h)
there is a need for an effective role for Inuit in all aspects of wildlife management, including research; and
(i)
Government retains the ultimate responsibility for wildlife management.
5.1.3 - Objectives
This Article seeks to achieve the following objectives:
(a)
the creation of a system of harvesting rights, priorities and privileges that
(i)
reflects the traditional and current levels, patterns and character of Inuit harvesting,
(ii)
subject to availability, as determined by the application of the principles of conservation, and taking into account the likely and actual increase in the population of Inuit, confers on Inuit rights to harvest wildlife sufficient to meet their basic needs, as adjusted as circumstances warrant,
(iii)
gives DIOs priority in establishing and operating economic ventures with respect to harvesting, including sports and other commercial ventures,
(iv)
provides for harvesting privileges and allows for continued access by persons other than Inuit, particularly long-term residents, and
(v)
avoids unnecessary interference in the exercise of the rights, priorities and privileges to harvest;
(b)
the creation of a wildlife management system that
(i)
is governed by, and implements, principles of conservation,
(ii)
fully acknowledges and reflects the primary role of Inuit in wildlife harvesting,
(iii)
serves and promotes the long-term economic, social and cultural interests of Inuit harvesters,
(iv)
as far as practical, integrates the management of all species of wildlife,
(v)
invites public participation and promotes public confidence, particularly amongst Inuit, and
(vi)
enables and empowers the NWMB to make wildlife management decisions pertaining thereto.
5.1.4 - Conservation
The principles of conservation will be interpreted and applied giving full regard to the principles and objectives outlined in Sections 5.1.2 and 5.1.3 and the rights and obligations set out in this Article.
5.1.5
The principles of conservation are:
(a)
the maintenance of the natural balance of ecological systems within theNunavut Settlement Area;
(b)
the protection of wildlife habitat;
(c)
the maintenance of vital, healthy, wildlife populations capable of sustaining harvesting needs as defined in this Article; and
(d)
the restoration and revitalization of depleted populations of wildlife and wildlife habitat.
5.1.6 - General
The Government of Canada and Inuit recognize that there is a need for an effective role for Inuit in all aspects of wildlife management.
5.1.7 - Application
For greater certainty, none of the rights in this Article apply in respect of wildlife harvested outside the Nunavut Settlement Area.
PART 2
ESTABLISHMENT OF NUNAVUT WILDLIFE MANAGEMENT BOARD
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.
PART 3
DECISIONS
5.3.1 - Judicial Review
Judicial review of a decision of the NWMB shall be available on the grounds set out in Paragraphs 28(1)(a) or (b) of the Federal Court Act, RSC 1985, c.F-7, at the motion of a person personally aggrieved or materially affected by the decision.
5.3.2
Except as provided for in Section 5.3.1, no decision, order or direction of the NWMB shall be questioned or reviewed in any court and no order shall be made or proceeding taken in any court whether by way of injunction, declaratory judgement, certiorari, mandamus, or prohibition or otherwise to question, review, prohibit or restrain the NWMB or any of its proceedings.
5.3.3 - Criteria for Decisions by NWMB and Minister
Decisions of the NWMB or a Minister made in relation to Part 6 shall restrict or limit Inuit harvesting only to the extent necessary:
(a)
to effect a valid conservation purpose;
(b)
to give effect to the allocation system outlined in this Article, to other provisions of this Article and to Article 40; or
(c)
to provide for public health or public safety.
5.3.4
Certain populations of wildlife found in the Nunavut Settlement Area cross jurisdictional boundaries and are harvested outside the Nunavut Settlement Area by persons resident elsewhere.Accordingly, the NWMB and Minister in exercising their responsibilities in relation to Part 6 shall take account of harvesting activities outside the Nunavut Settlement Area and the terms of domestic interjurisdictional agreements or international agreements pertaining to such wildlife.
5.3.5
Where a decision of the NWMB is made in relation to a presumption as to needs, adjusted basic needs level or Section 5.6.39, the Minister may reject or disallow that decision only if the Minister determines that the decision is not supported by or consistent with the evidence that was before the NWMB or available to it.
5.3.6
In making decisions affecting Parks, sanctuaries and Conservation Areas, the NWMB and the Minister shall take into account the special purposes and policies relating to those areas.
5.3.7 - Legal Effect of Decisions (Territorial Government Jurisdiction)
All decisions made by the NWMB in relation to Subsection 5.2.34(a), (c), (d) or (f) or any of Parts 4 to 6 or Article 40 and subject to territorial government jurisdiction shall be made in the manner set out in Sections 5.3.8 to 5.3.15.
5.3.8
When the NWMB makes a decision, it shall forward that decision to the Minister. The NWMB shall not make that decision public.
5.3.9
After receiving a decision of the NWMB pursuant to Section 5.3.8, the Minister may:
(a)
accept the decision; or
(b)
disallow the decision in accordance with Section 5.3.11.
5.3.10
Where the Minister accepts a decision of the NWMB or does not disallow that decision in accordance with Section 5.3.11, the Minister shall proceed forthwith to do all things necessary to implement that decision.
5.3.11
Where the Minister decides to disallow a decision of the NWMB:
(a)
the Minister must do so within 30 days of the date upon which the Minister received the decision or within such further period as may be agreed upon by the Minister and the NWMB; and
(b)
the Minister shall give the NWMB reasons in writing for deciding to disallow the decision.
5.3.12
Where the Minister disallows a decision of the NWMB pursuant to Section 5.3.11, the NWMB shall reconsider the decision in the light of the written reasons provided by the Minister and make a final decision, which it shall forward to the Minister. The NWMB may make that final decision public.
5.3.13
Subject to Section 5.3.14, after receiving a final decision of the Board made pursuant to Section 5.3.12, the Minister may:
(a)
accept the final decision;
(b)
disallow the final decision; or
(c)
vary the final decision.
5.3.14
Where a final decision of the NWMB is made in relation to a presumption as to needs, adjusted basic needs level or Section 5.6.39 and the Minister disallows the finaldecision,theMinistershallreferthefinaldecisiontothe Commissioner-in-Executive Council, who may:
(a)
accept the final decision;
(b)
reject the final decision; or
(c)
vary the final decision.
5.3.15
Where a final decision has been received by the Minister pursuant to Section 5.3.12 and the Minister or, where applicable, the Commissioner-in-Executive Council, decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision or the final decision as varied.
5.3.16 - Legal Effect of Decisions (Government of Canada Jurisdiction)
All decisions made by the NWMB in relation to Subsection 5.2.34(a), (c), (d) or (f) or any of Parts 4 to 6 or Article 40 and subject to government of Canada jurisdiction shall be made in the manner set out in Sections 5.3.17 to 5.3.23.
5.3.17
When the NWMB makes a decision, it shall forward that decision to the Minister. The NWMB shall not make that decision public.
5.3.18
After receiving a decision of the NWMB pursuant to Section 5.3.17 the Minister shall within 60 days or within such further period as may be agreed upon by the Minister and the NWMB:
(a)
accept the decision and notify the NWMB in writing; or
(b)
give the NWMB reasons in writing for rejecting the decision.
5.3.19
The Minister shall be deemed to have accepted the decision of the NWMB when:
(a)
the Minister has so notified the NWMB in writing; or
(b)
the Minister has not rejected the decision within the time period required pursuant to Section 5.3.18.
5.3.20
Where the Minister is deemed to have accepted a decision of the NWMB as provided in Section 5.3.19, the Minister shall proceed forthwith to do all things necessary to implement that decision.
5.3.21
Where the Minister rejects a decision of the NWMB pursuant to Section 5.3.18 the NWMB shall reconsider the decision in light of the written reasons provided by the Minister and make a final decision, which it shall forward to the Minister. The NWMB may make the final decision public.
5.3.22
After receiving a final decision of the NWMB made pursuant to Section 5.3.21, theMinister may:
(a)
accept the final decision;
(b)
reject the final decision; or
(c)
vary the final decision.
5.3.23
Where a final decision has been received by the Minister pursuant to Section 5.3.21 and the Minister decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision or the final decision as varied.
5.3.24 - Interim Decisions
When urgent and unusual circumstances require an immediate modification in harvesting activities, the Minister or the Minister's delegated agent may make and implement any reasonable interim decision. The NWMB shall conduct a full review as soon as practicable thereafter.
5.3.25 - Ministerial Management Initiative
Nothing in this Article will prevent a Minister, on the Minister's own initiative, from referring a management matter to the NWMB. Where a matter is referred, the NWMB shall deal expeditiously with it. The NWMB will respond to Ministerial initiatives with decisions in time to permit Ministers to meet their national and international obligations.
PART 4
NUNAVUT WILDLIFE HARVEST STUDY
5.4.1
A Nunavut Wildlife Harvest Study (Study) shall be undertaken in, and cover, each of the three Regions of the Nunavut Settlement Area. Terms of reference for the Study are set out in Schedule 5-5.
5.4.2
The Study shall begin in each of the three Regions on or before the first anniversary of the date of ratification of the Agreement. The Study shall be carried out under the direction of the NWMB.
5.4.2
Amended P.C. 1995-2/700 April 26, 1995
The Study shall begin in each of the three Regions on or before January 1, 1996. The Study shall be carried out under the direction of the NWMB.
5.4.3
The research, data collection and fieldwork associated with the Study shall be designed to promote maximum harvester participation and shall be contracted to an appropriate DIO, and supervised by the NWMB.
5.4.4
The Study shall be undertaken over a period of five years, and shall be fully funded by Government. The NWMB shall prepare a budget for the Study which will be subject to review by Government.
5.4.5
The purpose of the Study shall be to furnish data, to establish current harvesting levels, to assist the NWMB in establishing levels of total allowable harvest and, in general, to contribute to the sound management and rational utilization of wildlife resources in the Nunavut Settlement Area. To this end, the Study shall:
(a)
document the levels and patterns of Inuit use of wildlife resources for the purpose of determining the basic needs level; and
(b)
gather, review and analyse existing biological, ecological and harvest data pertinent to the management of wildlife in the Nunavut Settlement Area.
5.4.6
Raw and interpreted data produced from the Study shall be fully and freely available to the Government of Canada, the Territorial Government and Inuit.
5.4.7
The NWMB shall ensure that the names of individual harvesters are not revealed when making available data pursuant to Section 5.4.6.
5.4.8
Without the prior written permission of the DIO and affected individuals, evidence obtained through the Study relating to an individual shall not be admissible in any proceeding where the individual may be held civilly or criminally liable.
5.4.9
The NWMB shall report annually on the progress of the Study. Upon completion of the Study, the NWMB shall publish a comprehensive summary of the findings of the research.
PART 5
INUIT BOWHEAD KNOWLEDGE STUDY
5.5.1
Commercial harvesting of bowhead whales earlier this century by non-Inuit greatly reduced the stocks of bowhead whales found in the Nunavut Settlement Area. Government acknowledges that Inuit view that, following the cessation of commercial harvesting, stocks of bowhead whales in the Nunavut Settlement Area have increased in recent decades as a result, in part, of Inuit voluntarily curtailing their harvesting practices to allow the recovery of the bowhead whale population.
5.5.2
The NWMB shall conduct an Inuit knowledge study to record sightings, location and concentrations of bowhead whales in the Nunavut Settlement Area. The study shall be completed within five years of the date of ratification of the Agreement. The amount of $500,000 shall be included in the NWMB budget for this study.
PART 6
HARVESTING
5.6.1 - Inuit Rights to Harvest
Where a total allowable harvest for a stock or population of wildlife has not been established by the NWMB pursuant to Sections 5.6.16 and 5.6.17, an Inuk shall have the right to harvest that stock or population in the Nunavut Settlement Area up to the full level of his or her economic, social, and cultural needs, subject to the terms of this Article.
5.6.2
For the purpose of Section 5.6.1, full level of needs means full level of harvest.
5.6.3
Where a total allowable harvest for a stock or population of wildlife has been established by the NWMB pursuant to Sections 5.6.16 to 5.6.18, an Inuk shall have the right to harvest that species in accordance with the terms of this Article.
5.6.4
Any restriction or quota on the amount of wildlife that may be harvested that is in force immediately prior to the date of ratification of the Agreement shall be deemed to have been established by the NWMB, and shall remain in effect until removed or otherwise modified by the Board in accordance with this Article.
5.6.5 - Presumptions as to Needs
Subject to Section 5.6.6, the NWMB shall presume as a matter of fact and without further evidence that Inuit need the total allowable harvest established by the NWMB of:
(a)
all bears;
(b)
musk-ox;
(c)
bowhead whales;
(d)
all migratory birds and their eggs except migratory game birds, as listed inPart I of Schedule 5-3, during the fall season, beginning every September 1;
(e)
all raptors, including owls; and
(f)
eiderdown from eider duck nests.
5.6.6
Except where unpredicted and extensive growth of a wildlife population dictates otherwise, the NWMB shall not examine a presumption set out in Section 5.6.5 for the purpose of rebuttal until 20 years after the date of ratification of the Agreement.
5.6.7
The NWMB may examine a presumption for the purpose of rebuttal after 20 years has expired and at intervals thereafter of not less than five years.
5.6.8
The NWMB shall not be under any obligation to examine a presumption for the purpose of rebuttal unless requested to do so by the appropriate Minister of the Government of Canada or Territorial Government, or by an HTO or RWO.
5.6.9
In assessing the economic, social and cultural needs of Inuit, the NWMB shall consider:
(a)
actual levels of harvest;
(b)
availability of and accessibility to wildlife; and
(c)
the general economic, social and cultural conditions and circumstances ofInuit.
5.6.10
In examining a presumption for the purpose of rebuttal, the NWMB shall treat each discrete population of wildlife on a case-by-case basis.
5.6.11
Presumptions as to need shall not be implemented so as, in themselves, to prevent government wildlife officers and researchers from harvesting wildlife for purposes of research or of predator or disease control, as approved by the NWMB.
5.6.12 - Furbearers
No person other than a person mentioned in Section 5.6.13 may harvest furbearers in the Nunavut Settlement Area.
5.6.13
Subject to the terms of this Article, the following persons, may harvest furbearers in the Nunavut Settlement Area, namely:
(a)
an Inuk;
(b)
a person who on October 27, 1981, held a valid General Hunting Licence, and who actually harvested furbearers in those areas in the Nunavut Settlement Area, where that person desires to continue to harvest furbearers after the date of the ratification of the Agreement, the burden of proving that the person qualifies under this Sub-section being on that person; and
(c)
a person whose application has been approved and recommended by an HTO of the place where the applicant desires to harvest furbearers, and subject to any terms and conditions imposed by the HTO.
5.6.14
Persons mentioned in Sub-sections 5.6.13(b) and (c) shall be subject to laws of general application.
5.6.15
For the purposes of Section 5.6.13, a General Hunting Licence held by a person who is not an Inuk is deemed to be a personal licence only, and is neither transferable nor heritable.
5.6.16 - Total Allowable Harvest
Subject to the terms of this Article, the NWMB shall have sole authority to establish, modify or remove, from time to time and as circumstances require, levels of total allowable harvest or harvesting in the Nunavut Settlement Area.
5.6.17
A total allowable harvest of a stock or population may be expressed in numbers, weight or any other method considered appropriate by the NWMB and shall be expressed:
(a)
in the case of a species ordinarily harvested by members of a single HTO, in terms of a community total allowable harvest, and
(b)
in the case of a species ordinarily harvested by members of more than oneHTO, in terms of a regional total allowable harvest.
5.6.18
By the first anniversary of the commencement of the study pursuant to Part 5, the NWMB shall establish a total allowable harvest for harvesting by Inuit in the Nunavut Settlement Area of at least one bowhead whale, subject to Sections 5.3.3 to 5.3.6 and considering the results of the study to date and other information as may be available to it. For greater certainty, the decision of the NWMB respecting the total allowable harvest is subject to Sections 5.3.16 to 5.3.23. Thereafter, the total allowable harvest shall be dealt with by the NWMB from time to time under Sections 5.6.16 and 5.6.17, considering the results of the study and other information as may become available.
5.6.19 - Basic Needs Level
Where a total allowable harvest has been determined by the NWMB in accordance with Sections 5.6.16 and 5.6.17, the NWMB shall strike a basic needs level in accordance with this Part.
5.6.20
The basic needs level shall constitute the first demand on the total allowable harvest. Where the total allowable harvest is equal to or less than the basic needs level, Inuit shall have the right to the entire total allowable harvest.
5.6.21
For each stock or population subject to a total allowable harvest at the commencement of the Study, the NWMB shall calculate a basic needs level according to either:
(a)
the aggregate of the greatest amount harvested in any one year during the study, and the average annual amount harvested over the five years of the Study, which aggregate is then divided by two; or
(b)
the amount harvested in any year during the Study that is nominated by an HTO at the conclusion of the Study, and the nominated year shall apply to all species subject to a total allowable harvest at the commencement of the Study.
5.6.22
In making a calculation under Section 5.6.21, the method described in Sub-section 5.6.21(a) shall be used unless an HTO elects within six months of the commencement of the Study to use the method described in Sub-section 5.6.21(b).
5.6.23
Where a total allowable harvest is established with respect to a stock or population not previously subject to a total allowable harvest, the NWMB shall calculate the basic needs level as the higher of:
(a)
an amount based on data from the original five year harvest Study, calculated according to the method described in Sub-section 5.6.21(a), or, where an HTO has previously elected the method described in Sub-section 5.6.21(b), the harvest level of the stock or population in the identified year; or
(b)
the aggregate of the greatest amount harvested in any one year during the five years prior to imposition of a total allowable harvest and the average annual amount taken over the five years of the Study, which aggregate is then divided by two.
5.6.24
In making any calculations under Sub-section 5.6.23(b), the NWMB shall rely on the best evidence available as to the levels of harvesting by Inuit in the five years prior to establishment of a total allowable harvest.
5.6.25
The NWMB shall establish the basic needs levels for beluga, narwhal and walrus within 12 months of the NWMB being established taking into account the fact that they are in short supply in some areas and therefore that the harvest by Inuit has been and is artificially low in relation to their needs and does not necessarily reflect their full level of needs.
5.6.25
Amended P.C. 1996-1462 September 17, 1996
The NWMB shall establish the basic needs levels for beluga, narwhal and walrus by March 31, 1997; taking into account the fact that they are in short supply in some areas and therefore that the harvest by Inuit has been and is artificially low in relation to their needs and does not necessarily reflect their full level of needs.
5.6.26 - Adjusted Basic Needs Level
The NWMB shall periodically review the basic needs level for each stock or population and determine whether an additional allocation is required to meet any or all of:
(a)
increased consumption or use by Inuit;
(b)
intersettlement trade; and
(c)
marketing for consumption or use in the Nunavut Settlement Area.
5.6.27
In reaching its decision, the NWMB shall take into consideration the following factors:
(a)
population growth and demographic change on a community and regional basis, including the establishment of new communities;
(b)
changing patterns of consumption, assignment and other uses including adjustments for intersettlement trade and marketing in the Nunavut Settlement Area;
(c)
the nutritional and cultural importance of wildlife to Inuit;
(d)
variations in availability of and accessibility to species other than the species under consideration; and
(e)
current use of wildlife for personal consumption by other residents in light of their length of residency.
5.6.28
Where review by the NWMB indicates that an adjustment is required, the NWMBshall set an adjusted basic needs level.
5.6.29
The adjusted basic needs level may expand up to the entire total allowable harvest. In any year the adjusted basic needs level may float upward or downward, but shall never fall below the basic needs level.
5.6.30
The NWMB shall conduct its review for various stocks or populations from time to time as requested by the appropriate Minister, by an HTO or RWO, or by a member of the NWMB.
5.6.31 - Surplus
The NWMB shall determine the allocation of the surplus in the following order and priority:
(a)
(b)
to provide for the continuation of existing sports and other commercial operations as described in Section 5.6.38;
(c)
to provide for economic ventures sponsored by HTOs and RWOs as described in Section 5.6.39; and
(d)
to provide for other uses as described in Section 5.6.40.
5.6.32 - Other Residents
From the surplus the NWMB shall first allocate a portion for personal consumption by other residents.
5.6.33
Personal consumption by other residents means consumption in the NunavutSettlement Area by other residents or by their dependents.
5.6.34
The allocation for other residents shall be up to 14% of the amount remaining after the allocation of the basic needs level.
5.6.35
In any year the NWMB may supplement the allocation to other residents for their personal consumption after the NWMB has satisfied the requirements of economic ventures sponsored by HTOs and RWOs as described in Section 5.6.39.
5.6.36
When the allocation for other residents is calculated, the terms of access to such allocation shall be determined and administered by the appropriate government agency.
5.6.37
Harvesting by a person other than an Inuk shall be subject to this Article and all laws of general application.
5.6.38 - Existing Sports and Other Commercial Operations
From the portion, if any, of the surplus remaining after the allocation to other residents, the NWMB shall allocate a portion adequate to sustain the continuation of sports and other commercial operations for which lawful authorization is still in existence at the time the surplus is being allocated.
5.6.39 - Priority Harvesting By Inuit Organizations
From the portion of the surplus after the allocation for existing sports and other commercial operations, the NWMB shall allocate resources to support the establishment and continued operation of viable economic ventures, including sports and all other forms of commercial ventures, designed to benefit Inuit. These ventures must be sponsored by HTOs and RWOs.
5.6.40 - Allocation of the Remainder
If any portion of the surplus remains, the NWMB shall allocate the remainder among commercial, commercial sports, recreational, or other uses, considering the various demands on the resource and the benefits that may accrue to the local economy.Any portion of the surplus allocated for commercial use will be governed by a limited entry system for commercial harvesting as described in Sections 5.6.45 to 5.6.47.
5.6.41 - Inuit Guides
A person other than an Inuk who harvests big game must:
(a)
hold a valid licence issued by the appropriate government agency; and
(b)
for at least two years following the acquisition of the licence, be accompanied by an Inuk approved as a guide by an HTO in accordance with any qualifications established by the NWMB.
5.6.42
The requirement for a guide referred to in Subsection 5.6.41(b) shall not apply where the HTO waives such requirement or where no guides are approved by an HTO.
5.6.43 - Moving into the Nunavut Settlement Area
Every Canadian citizen and permanent resident within the meaning of theImmigration Act who:
(a)
has been resident in the Nunavut Settlement Area for 18 months before the date of ratification of the Agreement, or
(b)
has been resident in other parts of the Northwest Territories for 18 months preceding the date of ratification of the Agreement and who becomes ordinarily resident in the Nunavut Settlement Area within five years of the date of ratification of the Agreement, shall be eligible for hunting and fishing privileges in the Nunavut Settlement Area without further residency requirement unless otherwise disqualified under laws of general application.
5.6.44 - General Hunting Licence Holders
Provision may have to be made for the persons mentioned in Sub-section 5.6.13(b) who may need to live off the land while harvesting furbearers. Accordingly, the NWMB shall make best efforts to accommodate this potential demand.
5.6.45 - Limited Entry System
In the allocation of commercial licences, preference will be given to:
(a)
an applicant who has made his principal residence in the Nunavut Settlement Area for at least 18 continuous months prior to the submission of his or her application and such residence must be real and not notional; and
(b)
applications which will likely provide direct benefits to the Nunavut Settlement Area economy, in particular through employment of local human and economic resources.
5.6.46
The limited entry system is not intended to exclude Inuit from applying for access to commercial opportunities, but Inuit shall have at least the same right to apply as all other persons who qualify and to have their applications considered on their merits.
5.6.47
A commercial licence issued under the limited entry system shall not exceed three years in length.
5.6.48 - Non-Quota Limitations
Subject to the terms of this Article, the NWMB shall have sole authority to establish, modify or remove, from time to time and as circumstances require, non-quota limitations on harvesting in the Nunavut Settlement Area.
5.6.49
The NWMB may distinguish between Inuit harvesters and other harvesters in establishing or removing non-quota limitations, but non-quota limitations for Inuit harvesters shall not be more severe than limitations for other harvesters.
5.6.50
Non-quota limitations established on Inuit shall not unduly or unreasonably constrain their harvesting activities.
5.6.51
Non-quota limitations on harvesting in force at the date of the ratification of the Agreement shall be deemed to have been established by the NWMB, and shall remain in effect until removed or otherwise modified by the Board in accordance with this Article.
5.6.52 - Emergency Kills
Notwithstanding anything else in this Article, a person may kill wildlife if it is necessary to preserve a human life or to protect that person's property.
5.6.53
Notwithstanding anything else in this Article, a person may kill and consume wildlife where it is necessary to prevent starvation.
5.6.54
Sections 5.6.52 and 5.6.53 shall not be construed as providing lawful excuse under any law of general application to a person who kills wildlife as a result of his or her mismanagement.
5.6.55
Valuable parts of wildlife killed under Sections 5.6.52 and 5.6.53 shall be disposed of by the NWMB to the appropriate RWO.
PART 7
SPECIAL FEATURES OF INUIT HARVESTING
Hunters and Trappers Organizations (HTOs) and Regional Wildlife Organizations (RWOs)
5.7.1
In addition to the functions given to the NWMB, the exercise of harvesting by Inuit shall be overseen by HTOs and RWOs.
5.7.2
Each community, and each outpost camp that prefers a separate organization, shall have an HTO. Membership in each HTO shall be open to all Inuit resident in a community.Each HTO may, by by-law, provide for classes of non-voting membership and privileges that flow therefrom, and may distinguish between persons who are Inuit by descent or custom, but who are not enroled under Article35 and other persons. Existing community Hunters and Trappers Associations may, subject to their adaptation to the provisions of this Article, act as HTOs. Two or more HTOs may join together for the purpose of discharging their functions over any or all species of wildlife on a joint basis.
5.7.3
The powers and functions of HTOs shall include the following:
(a)
the regulation of harvesting practices and techniques among members, including the use of non-quota limitations;
(b)
the allocation and enforcement of community basic needs levels and adjusted basic needs levels among members;
(c)
the assignment to non-members, with or without valuable consideration and conditions, of any portion of community basic needs levels and adjusted basic needs levels; and
(d)
generally, the management of harvesting among members.
5.7.4
Each Region shall have an RWO.The Kitikmeot Wildlife Federation, the Keewatin Wildlife Federation and the Baffin Region Hunters and Trappers Association may, subject to their adaption to the provisions of this Article, act as RWOs.
5.7.5
The board of directors of each RWO shall be made up of representatives from eachHTO in the Region.
5.7.6
The powers and functions of RWOs shall include:
(a)
the regulation of harvesting practices and techniques among the members ofHTOs in the region, including the use of non-quota limitations;
(b)
the allocation and enforcement of regional basic needs levels and adjusted basic needs levels among HTOs in the region;
(c)
the assignment to any person or body other than an HTO, with or without valuable consideration and conditions, of any portion of regional basic needs levels and adjusted basic needs levels; and
(d)
generally, the management of harvesting among the members of HTOs in the region.
5.7.7
Two or more RWOs may join together for the purpose of discharging their functions over any or all species of wildlife on a joint basis.
5.7.8
In conformity with this Article, each HTO and RWO shall develop and adopt by-laws guiding its operations.
5.7.9
Subject to Section 5.7.10, the NWMB, RWOs and HTOs shall develop guidelines indicating the extent to which each HTO shall be obliged to conform to by-laws and decisions of the RWO in its region.
5.7.10
Each HTO shall be obliged to conform to RWO by-laws and decisions in relation to allocation of regional basic needs levels and adjusted basic needs levels.
5.7.11
No by-law or decision of an HTO or RWO shall unreasonably prevent the individual Inuk from harvesting for the purpose of meeting the consumption needs of himself or herself and his or her dependents.
5.7.12
Every member of an HTO or RWO shall be subject to the by-laws of the organization. Each RWO and HTO shall develop its own by-laws, including by-laws to discipline its membership for violation of its by-laws.
5.7.13
Adequate funding for the operation of HTOs and RWOs shall be provided by theNWMB.
5.7.14
HTOs and RWOs shall not exercise their authority pursuant to Sub-section 5.7.3(a) or 5.7.6(a) in such a way as to conflict with any other regulations governing harvesting practices and techniques.
5.7.15 - Suits to Protect An Inuk's Interest
Where a right of action accrues to an Inuk, the HTO of which that Inuk is a member may, with the consent of that Inuk, sue on that Inuk's behalf.
5.7.16 - Right of Access by Inuit
Subject to Section 5.7.18, all Inuit shall have the free and unrestricted right of access for the purpose of harvesting to all lands, water and marine areas within the Nunavut Settlement Area, except the lands described in Section 5.7.17, and without limiting the generality of the foregoing, the said right of access shall extend to all Crown lands, including, for greater certainty, Parks and Conservation Areas, and, to all lands vested in a municipal corporation.
5.7.17 - Lands Not Subject to Right of Access
The rights of access granted by Section 5.7.16 shall not extend to:
(a)
lands that are
(i)
dedicated to military or national security purposes or being temporarily used for such purposes under the National Defence Act,
(ii)
owned in fee simple, other than by municipal corporations, at the date of ratification of the Agreement,
(iii)
granted in fee simple after the date of ratification of the Agreement, where such parcel of land is less than one square mile,
(iv)
subject to an agreement for sale at the date of ratification of theAgreement, or
(v)
subject to a surface lease current on October 27, 1981, and which lease has not been re-negotiated to provide for the right of access as contemplated and intended by Section 5.7.21; or
(b)
any place within a radius of one mile of any building, structure or other facility on lands under a surface lease, an agreement for sale or owned in fee simple.
5.7.18
The right of access granted by Section 5.7.16 is subject to:
(a)
laws of general application enacted for the purpose of public safety;
(b)
any restrictions established by the NWMB for the purpose of conservation;
(c)
in the case of Parks or Conservation Areas, any bilateral agreement between Inuit affected and the management agency of such Park or Conservation Area; and
(d)
any land use activity which has been authorized in accordance with any applicable requirements, including Articles 11 and 12, to the extent that the right of access is incompatible with that land use activity and for only as long as is necessary to permit that land use to be exercised.
5.7.19
In the event that an Inuk or a DIO disagrees with any interested party as to the incompatibility of harvesting activities with an authorized land use pursuant to Sub-section 5.7.18(d), the matter shall be resolved in accordance with Article 38.
5.7.20
In case of an inconsistency or conflict between measures taken pursuant to Sub- section 5.7.18(b) and (c), those measures taken under Sub-section (c) shall prevail to the extent of such inconsistency or conflict.
5.7.21 - Government Undertakings in Relation to Surface Leases
Where a surface lease of land in the Nunavut Settlement Area in existence on or before the date of ratification of the Agreement is, after the date of ratification of the Agreement,
(a)
to be renewed, or
(b)
to be transferred and Government consent is required,
Government shall insert in the renewed or transferred lease a condition to the following effect:
""This lease is subject to any rights of Inuit under their final land claims agreement to enter on to land in the Northwest Territories to pursue, capture, kill, or remove any wildlife, wildlife parts, or wildlife products therefrom; and the provision of any such agreement relating to the right of access shall form a part of this lease as if contained herein.""
5.7.22
The obligation set out in Section 5.7.21 shall not apply to any lease for an area which is less than one square mile, or where Government would incur legal liability were such condition to be inserted, and a certificate under the hand of the Deputy Minister of Justice shall be sufficient evidence of such fact. Government shall notify the DIO of all applications for and granting of surface leases.
5.7.23 - Restrictions on Right of Access and Harvesting
Any term of contract that attempts to limit rights of access of or harvesting by anInuk during the leisure hours of that employee shall be null and void against Inuit.
5.7.24
Restrictions, which have been enacted for the purpose of conservation, governing access by Inuit to Parks and Conservation Areas which are in effect at the date of ratification of the Agreement will remain in force until such time as they are removed or replaced by the NWMB subject to Part 3, or through a bilateral agreement between management agencies and the affected Inuit.
5.7.25 - Rights of Navigation
The right of access granted by Section 5.7.16 shall not impede the exercise of the rights of navigation.
5.7.26 - Licensing
Subject to the terms of this Article, an Inuk with proper identification may harvest up to his or her adjusted basic needs level without any form of licence or permit and without imposition of any form of tax or fee.
5.7.27
Pursuant to legislation governing commercial fishing, Inuit may be required to obtain a commercial licence from the appropriate management agency for the commercial harvest of those species of marine fish and shellfish not harvested commercially during the 12 months preceding October 27, 1981. Such licences shall not be unreasonably withheld or subject to an unreasonable fee.
5.7.28
Where any economic venture referred to in Section 5.6.39 has been approved in accordance with terms of this Article, a licence shall be issued forthwith by the appropriate Minister at a fair fee in accordance with the laws of general application.
5.7.29
Inuit may be required to obtain a licence from the responsible management agency for the harvest of those species of cetaceans not regularly harvested during the 12 months preceding October 27, 1981. Such licences shall not be unreasonably withheld or subject to an unreasonable fee.
5.7.30 - Disposition of Harvest
Subject to Sections 5.6.26 to 5.6.30 and 5.7.31 to 5.7.33, an Inuk shall have the right to dispose freely to any person any wildlife lawfully harvested. The right to dispose shall include the right to sell, barter, exchange and give, either inside or outside the Nunavut Settlement Area.
5.7.31
An Inuk may be required by the appropriate government agency to obtain a permit to transport wildlife outside the Nunavut Settlement Area. If such a permit is required, the federal or territorial government agency shall issue the permit upon demand, unless it has good cause for refusing, and the permit may contain terms and conditions as established by laws of general application. Unless the wildlife in question has been harvested from the surplus, any fee for such permit shall be waived.
5.7.32
Notwithstanding the right of free disposition in Section 5.7.30, the Freshwater Fish Marketing Corporation may have a role to play in the marketing of freshwater fish outside the Nunavut Settlement Area.Inuit are dissatisfied with the current operations of the Corporation. The NWMB shall be responsible for examining the concerns of Inuit and shall advise the Minister on appropriate remedial action.
5.7.33
Inuit are subject to laws of general application regarding the sale or offer for sale of any migratory bird, migratory bird's egg, or parts thereof.
5.7.34 - Assignment
Subject to Section 5.7.3 an Inuk, and subject to Section 5.7.6, an RWO or an HTOmay, except as provided for in Section 5.7.35:
(a)
assign the right to harvest to
(i)
an Inuk, or
(ii)
the spouse or person cohabiting as the spouse of an Inuk,
and in all such cases the assignment of the right to harvest shall of itself also carry with it that share of the total allowable harvest as stated in the assignment; and
(b)
assign part or all of his, her or its share of the total allowable harvest to a person qualified to harvest under laws of general application.
5.7.35
Notwithstanding anything in Section 5.7.34,
(a)
any future total allowable harvest for migratory birds and their eggs betweenMarch 10 and September 1 in any given year, and
(b)
the harvest authorized by Article II, Section 3 of the Schedule to theMigratory Birds Convention Act, R.S.C. 1985, c.M-7, shall not be assignable to persons mentioned in Sub-section 5.7.34(b), unless permitted by laws of general application.
5.7.36
Upon proof of a promise to assign under Sub-section 5.7.34(b), a licence shall not be unreasonably withheld from a promised assignee who is an Inuk, by descent or custom. Such licence shall be issued without charge.
5.7.37
An assignee referred to in Sub-section 5.7.34(a) shall be subject to the same restrictions as an assignor.
5.7.38
An assignment of a share of a total allowable harvest acquired under Section 5.6.39 or Sections 5.6.45 to 5.6.47 shall be subject to any terms or conditions under which access to the share was acquired.
5.7.39
No assignment by an Inuk of a right to harvest shall be for a term, including any option for renewal, exceeding one year. Any assignment for a term exceeding one year shall be void.
5.7.40
No assignment by an HTO or RWO of a right to harvest shall be for a term, including any option for renewal, exceeding three years. Any assignment for a term exceeding three years shall be void.
5.7.41
Any trophy fees levied on wildlife harvested in the Nunavut Settlement Area shall be set by the NWMB.
5.7.42 - Methods of Harvesting
An Inuk or assignee pursuant to Sub-section 5.7.34(a) may employ any type, method or technology to harvest pursuant to the terms of this Article that does not:
(a)
conflict with a non-quota limitation on type, method or technology of harvest established by the NWMB for a valid conservation purpose under Sections 5.6.48 to 5.6.51;
(b)
conflict with laws of general application regarding humane killing of wildlife, public safety and firearms control; or
(c)
result in harmful alteration to the environment.
5.7.43 - Provision of Information
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 that laws of general application would require harvesters other than Inuit to supply in comparable circumstances.
5.7.44 - Enforcement
Any penalties imposed on Inuit with respect to harvesting 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.
PART 8
RIGHTS OF FIRST REFUSAL AND TO USE GOVERNMENT LAND
5.8.1 - Sports and Naturalist Lodges
DIOs shall have the right of first refusal to establish new sports lodges and naturalist lodges in the Nunavut Settlement Area subject only to the following conditions:
(a)
Government is under no obligation to disclose any matter in an application which has been submitted on the faith of it being kept confidential;
(b)
all material environmental and economic information available to any government agency independent of the application itself but pertinent thereto shall be made available to a DIO exercising the right of first refusal;
(c)
generally, the procedures and time requirements conforming to current practice and, specifically, the steps set out in Schedule 5-6 shall be followed; and
(d)
if a DIO exercises a right of first refusal, but subsequently fails to establish a new sports lodge or naturalist lodge in accordance with Schedule 5-6 without just cause, the Minister may declare that its right of first refusal has lapsed; in such circumstances, the area may be made available to other applicants and the DIO shall not have a further right of refusal over such applicants, except at the discretion of the Minister.
5.8.2
Upon request, Government shall lease, at usual rent, adequate and suitable lands to DIOs as are reasonably necessary for the purpose of establishing and operating sports lodges and naturalist lodges.
5.8.3
All sports lodges and naturalist lodges referred to in Sections 5.8.1 and 5.8.2 shall be subject to laws of general application.
5.8.4 - Propagation, Cultivation and Husbandry
DIOs shall have the right of first refusal to establish and operate facilities, other than government facilities, for the purpose of indigenous wildlife and reindeer propagation, cultivation or husbandry. The conditions referred to in Sub-sections5.8.1(a), and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule 5-6 shall apply.
5.8.5
Upon request, Government shall make available to DIOs, at nominal cost, such lands as are adequate, suitable and reasonably necessary for the purpose of establishing and operating facilities for propagation, cultivation or husbandry of indigenous wildlife or reindeer. The lands may be granted in fee simple, under lease or by licence of occupation or in such other manner as to implement the intent of Section 5.8.4. and this Section.
5.8.6
All activities for the purpose of propagation, cultivation or husbandry of indigenous wildlife and reindeer referred to in Sections 5.8.4 and 5.8.5 shall be subject to laws of general application.
5.8.7 - Marketing of Wildlife in the Nunavut Settlement Area
DIOs shall have the right of first refusal to market wildlife, wildlife parts and wildlife products in the Nunavut Settlement Area. The conditions referred to in Sub-sections 5.8.1(a) and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule 5-6 shall apply.
5.8.8
All facilities for the marketing of wildlife, wildlife parts and wildlife products referred to in Section 5.8.7 shall be subject to laws of general application.
5.8.9 - Wildlife Parts and Products
DIOs shall have the right of first refusal to carry out any venture aimed at the commercial collection or processing of non-edible wildlife parts and wildlife products. The right of first refusal shall extend to non-edible wildlife parts and wildlife products available as a consequence of a kill or as recoverable in an inanimate form. The conditions referred to in Sub-sections 5.8.1(a) and (b) in relation to sports lodges and naturalist lodges shall apply. Procedures and time periods conforming to current practice and comparable to those set out in Schedule5-6 shall apply.
5.8.10 - Transitional Provisions
The rights of first refusal referred to in Sections 5.8.4, 5.8.7 and 5.8.9 do not apply to ventures that exist at the date of ratification of the Agreement or to renewals thereof.
PART 9
INTERNATIONAL AND DOMESTIC INTERJURISDICTIONAL AGREEMENTS
5.9.1
Any legislation implementing an international or domestic interjurisdictional agreement shall be interpreted and administered to treat Inuit on at least as favourable a basis as any other aboriginal people in Canada.
5.9.2
The Government of Canada shall include Inuit representation in discussions leading to the formulation of government positions in relation to an international agreement relating to Inuit wildlife harvesting rights in the Nunavut Settlement Area, which discussions shall extend beyond those discussions generally available to non- governmental organizations.
5.9.3
Inuit representatives referred to in Section 5.9.2 shall be nominated by a DIO.
5.9.4
Subject to Section 5.9.1 all harvesting in the Nunavut Settlement Area shall be subject to legislation implementing those terms of an international agreement that were in existence at the date of ratification of the Agreement.
5.9.5
Government agrees that NWMB shall have a role in the negotiation or amendment of domestic interjurisdictional agreements commensurate with its status and responsibilities in the management of wildlife in the Nunavut Settlement Area.
SCHEDULE 5-1
BIG GAME
(Section 5.1.1 "big game")
Canis
- coyotes and wolves
Gulo
- wolverine
Ovibos
- muskox
Ursus
- bears
Odobenidae
- walrus
Cervidae
- including caribou, moose, deer and reindeer
SCHEDULE 5-2
FURBEARERS
(Section 5.1.1 "furbearers")
Spermophilus
-Arctic ground squirrel
Tamiascuirus
-red squirrels
Lepus
-hares
Castor
-beaver
Alopex
-white fox and Arctic fox
Vulpes
-red, cross, black and silver fox
Canis
-wolves and coyotes
Mustela
-ermine, weasels, least weasels and mink
Gulo
-wolverine
Lutra
-otter
Martes
-martens and fishers
Lynx
-lynx
Ondatra
-muskrat
Ursus
-bears
Mephitis
-striped skunk
Lemmus
-brown lemming
Dicrostony
-collared lemming
Synaptomys
-northern bog lemming
Penacomys
-heather vole
Microtus
-meadow vole
Clethrionomys
-red-backed vole
Marmota
-marmot, groundhog or woodchuck
SCHEDULE 5-3
MIGRATORY BIRDS
Migratory birds for the purposes of this Schedule include all birds listed within the Migratory
Birds Convention Act, related schedules and regulations as of 1987. However, only those
migratory birds known to frequent or range close to the Nunavut Settlement Area are listed below.
All family names of migratory birds listed below contain species found in Nunavut and are therefore listed recognizing that some families contain some species not found in the Nunavut Settlement Area.
PART I
Migratory Game Birds
Anatidae
-including geese, ducks and swans
Gruidae
-including cranes
Rallidae
-including rails,coots and gallinules
Columbidae
-including pigeons and doves
Charadriidae
-including plovers
Scolopacidae
-including sandpipers,phalaropes,allies
Limnicolae
-shorebirds including godwits,curlews,tattlers,turnstones,woodcocks,snipes,dowitchers and knots
PART II
All Other Migratory Birds of the Nunavut Settlement Area
Gaviidae
-including loons
Podicipedidae
-including grebes
Procellariidae
-including shearwaters,petrels and fulmars
Hydrobatidae
-including leach's storm petrels
Sulidae
-including gannets
Ardeidae
-including the American bittern
Paridae
-including titmice and chickadees
Sittidae
-including nuthatches
Certhiidae
-including creepers
Cinclidae
-including the North American dipper
Laridae
-including gulls,terns,kittiwakes,skuas,jaegers and skimmers
Alcidae
-including auks,murres and puffins,guillemots and auklets
Caprimulgidae
-including the common nighthawk
Picidae
-including woodpeckers and flickers
Tyrannidae
-including tyrant flycatchers and phoebes
Alaudidae
-including larks
Hirundinidae
-including swallows
Troglodytidae
-including the winter and marsh wren
Mimidae
-including mockingbirds and thrashers
Muscicapidae
-including thrushes,the American robin and the northern wheetear
Motacillidae
-including wagtails and pipits
Bombycillidae
-including waxwings
Laniidae
-including the northern shrike
Vireonidae
-including vireos
Fringillidae
-including finches and grosbeaks
Emberizidae
-including wood warblers,tanagers,sparrows,snow buntings,blackbirds and northern orioles
SCHEDULE 5-4
OATH OF OFFICE FOR MEMBERS OF THE NUNAVUT WILDLIFE MANAGEMENT BOARD
(Section 5.2.6)
I, ____________ do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgement, skill and ability, execute and perform the duties required of me as a member of the Nunavut Wildlife Management Board. (So help me God.)
SCHEDULE 5-5
TERMS OF REFERENCE FOR THE NUNAVUT WILDLIFE HARVEST STUDY
(Section 5.4.1)
Research, Methodology, Design and Reporting
The study shall be conducted primarily by means of a diary/calendar record kept by harvesters of all wildlife harvested daily. The records shall be kept in prepared diary/calenders which shall be given to community interviewers. The community interviewers shall interview respondents, and translate and transcribe the harvest records onto tabulation sheets for processing. The results of the study shall be reported and portrayed geographically. In particular, the specific location, where possible, of wildlife harvested shall be recorded. The study shall gather data from specific settlements for defined geographical regions over specified periods of time.
SCHEDULE 5-6
RIGHT OF FIRST REFUSAL REGARDING SPORTS AND NATURALIST LODGES
Steps to be followed when exercising a right of first refusal pursuant to Section 5.8.1.
1
Upon receipt of a letter of interest from an individual other than an Inuk or an organization other than the DIO to establish a sports lodge or naturalist lodge, the Territorial Government shall notify the DIO in writing of such interest.
2
The DIO shall have 120 days after receipt of a notice under Paragraph 1 to inform the Territorial Government of its intent to exercise the right of first refusal.
3
The Territorial Government shall have 21 days from receipt of written notice from the DIO to notify the original applicant of the DIO's intentions.
4
The DIO shall have 120 days within which to complete any required community consultations and to register a site specific proposal with the Territorial Government.
5
The Territorial Government shall have 60 days after the completion of the requirements of Paragraph 4 to approve the proposal, with or without conditions, or to reject the proposal.
6
If the proposal is approved, the DIO shall have 230 days within which to acquire any required building permits and to submit copies of all building plans.
7
After having complied with the requirements of Paragraph 6, the DIO shall have 590 days within which to complete all construction and to secure the approval of the appropriate building inspection agencies.
8
The Minister may extend any time periods listed in this schedule when requested by the DIO.
