IMPLEMENTATION
PART 1
GUIDING PRINCIPLES
37.1.1
The following principles shall guide the implementation of the Agreement and shall be reflected in the Implementation Plan:
(a)
there shall be an ongoing process for Inuit and Government to plan for and monitor the implementation of the Agreement which shall mirror the spirit and intent of the Agreement and its various terms and conditions;
(b)
implementation shall reflect the objective of the Agreement of encouraging self-reliance and the cultural and social well-being of Inuit;
(c)
timely and effective implementation of the Agreement with active Inuit participation, including those provisions for training, is essential for Inuit to benefit from the Agreement;
(d)
to promote timely and effective implementation of the Agreement, Inuit andGovernment shall
(i)
identify, for multi-year planning periods, the implementation activities and the level of government implementation funding which will be provided during any planning period, and
(ii)
allow flexibility through an implementation panel to reschedule activities, and consistent with government budgetary processes, to re-allocate funds within the planning period; and
(e)
reflecting the level of independence and the authorities of the NWMB and the other institutions of public government identified in Article 10, the funding arrangements for implementation of the Agreement shall
(i)
provide those institutions with a degree of flexibility to allocate, re- allocate and manage funds within their budgets, no less than that generally accorded to comparable agencies of Government,
(ii)
provide those institutions with sufficient financial and human resources to plan for and carry out the duties and responsibilities assigned to them in the Agreement in a professional manner with appropriate public involvement,
(iii)
require those institutions to follow normally accepted management and accounting practices, and
(iv)
ensure the accountability of those institutions for expenditure of their resources in fulfilling their obligations under the Agreement.
PART 2
IMPLEMENTATION PLAN
37.2.1
There shall be an Implementation Plan developed and approved by the Tungavik Federation of Nunavut, the Government of Canada and the Territorial Government prior to the date of ratification of the Agreement.
37.2.2
The Implementation Plan shall identify:
(a)
the ongoing and time limited obligations, specific activities, and projects required to implement the Agreement;
(b)
which obligations, specific activities, and projects the DIOs, the Government of Canada and the Territorial Government are, respectively or jointly, responsible for carrying out;
(c)
where appropriate, timeframes for the completion of the obligations, specific activities, and projects;
(d)
the funding levels for implementing the Agreement for the ten-year period following the ratification of the Agreement;
(e)
as agreed to from time to time by the parties to the Plan, the obligations and funding levels for implementing the Agreement for successive multi-year periods;
(f)
the authority of the Implementation Panel to revise the schedule of implementation activities and the allocation of resources in the Plan without requiring amendment to the Plan; and
(g)
a communication and education strategy to inform Inuit and interested third parties of the content and implementation of the Agreement.
37.2.3
All provisions of the Implementation Plan shall be consolidated into a contract except as otherwise agreed by the parties to the Plan.
37.2.4
Amendments to the Implementation Plan shall require written consent of the parties to the Plan.
37.2.5
The Implementation Plan shall be appended to but not form part of the Agreement, and the Plan is not intended to be a land claims agreement within the meaning of Section 35 of the Constitution Act, 1982.
37.2.6
The provisions of this Article or of the Implementation Plan identifying the obligations and responsibilities of any Minister, official or agent of the Crown acting on behalf of the Government of Canada or the Territorial Government shall not be interpreted so as to derogate from the obligations of Her Majesty under the Agreement or so as to alter, directly or indirectly, the respective jurisdictions of the Government of Canada and the Territorial Government.
PART 3
IMPLEMENTATION PANEL
37.3.1
Within sixty days of the date of ratification of the Agreement, an ImplementationPanel shall be established.
37.3.2
The Implementation Panel shall be composed of four members: one senior official representing the Government of Canada, one senior official representing the Territorial Government and two individuals representing the DIO.
37.3.3
The Implementation Panel shall:
(a)
oversee and provide direction on the implementation of the Agreement;.
(b)
monitor the implementation of the Implementation Plan, determining whether the ongoing and time-limited obligations, specific activities, and projects have been and are being carried out in accordance with the Plan and in the context of the Agreement and shall for that purpose, without duplicating other independent reviews, arrange for an independent review at five-year intervals unless otherwise agreed by the Panel;
(c)
monitor the development of the Implementation Training Plan;
(d)
accept or reject, with direction as appropriate, the Implementation TrainingPlan and monitor its operation when accepted;
(e)
attempt to resolve any dispute that arises between the DIO and Government regarding the implementation of the Agreement, without in any way limiting the opportunities for arbitration under Article 38 or legal remedies otherwise available;
(f)
when it deems it necessary, revise the schedule of implementation activities and the allocation of resources in the Implementation Plan, obtaining consent of the parties to the Plan where such revision requires an amendment to the Plan;
(g)
make recommendations to the parties to the Implementation Plan respecting the identification of funding levels for implementing the Agreement for multi- year periods beyond the initial ten-year period; and
(h)
prepare and submit an annual public report on the implementation of theAgreement including any concerns of any of the Panel members,
(i)
to the Leader of the Territorial Government for tabling in the Legislative Assembly,
(ii)
to the Minister of Indian Affairs and Northern Development for tabling in the House of Commons, and
(iii)
to the DIO.
37.3.4
The costs of the Implementation Panel shall be funded by the Government of Canada except that each of the governments and the DIO shall be responsible for the costs and expenses of its members.
37.3.5
All decisions of the Implementation Panel shall be by unanimous agreement of all members.
PART 4
INUIT IMPLEMENTATION FUND
37.4.1
The Inuit Implementation Fund shall be established upon ratification of theAgreement, and shall be administered by the Nunavut Trust as a charitable trust.
37.4.2
The Inuit Implementation Fund shall be used to:
(a)
assist the Tungavik to establish the entities required for Inuit to carry out their responsibilities in implementing the Agreement; and
(b)
assist Inuit to take advantage of the opportunities, including economic opportunities, arising from the Agreement.
37.4.3
Upon ratification of the Agreement, the Government of Canada shall provide $4,000,000 of implementation funding to the Nunavut Trust, as capital for the Inuit Implementation Fund. Inuit shall be responsible for any implementation costs incurred by Inuit in excess of amounts available from the Fund. However, nothing in this provision shall prevent the Fund from receiving donations, grants or funds from other sources.
PART 5
NUNAVUT IMPLEMENTATION TRAINING COMMITTEE
37.5.1
The Nunavut Implementation Training Committee (NITC) shall be established within three months of ratification of the Agreement, and will consist of seven members to be appointed as follows:
(a)
the Tungavik and four other DIOs shall each appoint one member; and
(b)
Government shall appoint two members, one of whom is a senior official with authority to represent the Government of Canada in respect of training and education matters and one of whom is a senior official with authority to represent the Territorial Government in respect of training and education matters.
37.5.2
The NITC shall:
(a)
be trustees of the Implementation Training Trust established under Part 8 and administer it as a charitable trust;
(b)
develop guidelines for the expenditure of money from the ImplementationTraining Trust;
(c)
direct the Inuit Implementation Training Study as outlined in Part 6;
(d)
establish principles to guide the development of the Implementation TrainingPlan;
(e)
develop the Implementation Training Plan;
(f)
oversee the fulfillment of the Implementation Training Plan;
(g)
establish consultative arrangements between Government and Inuit that ensure effective integration of training funded from the Implementation Training Trust with existing Government training programs;
(h)
arrange for an independent review of the operations of the NITC and the implementation of the Implementation Training Plan to be undertaken no later than the fifth anniversary of the date of ratification of the Agreement and at least every fifth year thereafter during the life of the Plan; and
(i)
prepare an annual report on its activities, including expenditures from theImplementation Training Trust, for the Implementation Panel.
PART 6
INUIT IMPLEMENTATION TRAINING STUDY
37.6.1
Within three months of the date of ratification of the Agreement, an Inuit Implementation Training Study shall be undertaken in the Nunavut Settlement Area.
37.6.2
The Inuit Implementation Training Study shall be carried out under the direction of the NITC.
37.6.3
The Inuit Implementation Training Study shall be completed within six months of its commencement.
37.6.4
The Inuit Implementation Training Study shall:
(a)
identify the positions likely to be required to implement the Agreement, including,
(i)
positions within the NWMB and the institutions of public government identified in Article 10, and
(ii)
positions within the DIOs required for Inuit to carry our their responsibilities in implementing the Agreement, including those that assist Inuit in taking advantage of the economic opportunities arising from the Agreement;
(b)
identify the necessary skills and qualifications required for positions identified in Sub-section (a); and
(c)
identify implementation training requirements for Inuit respecting the positions identified in Sub-section (a), in the short and long term, utilizing any available labour force data analysis.
37.6.5
The conduct of the Inuit Implementation Training Study may be coordinated with the conduct of the Inuit labour force analysis conducted pursuant to Section 23.3.1 or other studies of Inuit training requirements.
PART 7
IMPLEMENTATION TRAINING PLAN
37.7.1
An Implementation Training Plan shall be developed by the NITC to address the implementation training requirements identified under the Inuit Implementation Training Study.
37.7.2
The Implementation Training Plan shall identify:
(a)
existing Government training programs which, within their existing budgets, meet Inuit implementation training requirements identified under Section 37.7.1; and
(b)
training initiatives to be funded from the Implementation Training Trust where Inuit training requirements identified under Section 37.7.1 cannot be met under Sub-section (a).
37.7.3
The implementation of the Implementation Training Plan may be coordinated with broader Inuit training initiatives.
37.7.4
The NITC shall forward a copy of its Implementation Training Plan to theImplementation Panel for its review and acceptance.
PART 8
IMPLEMENTATION TRAINING TRUST
37.8.1
The DIO shall establish an Implementation Training Trust.
37.8.2
The object of the Implementation Training Trust shall be to fund the functions of the NITC including:
(a)
the Inuit Implementation Training Study;
(b)
the development of the Implementation Training Plan;
(c)
training in accordance with the Implementation Training Plan; and
(d)
the functions of the NITC, including the reasonable costs associated with the administration of the Trust, except that each Government and DIO shall be responsible for the costs and expenses of its own member.
37.8.3
On establishment of the Implementation Training Trust or ratification of theAgreement, whichever occurs later, the Government of Canada shall contribute $13,000,000 of implementation funding to the Implementation Training Trust. Nothing in this provision shall prevent the Trust from receiving donations, grants or funds from other sources.
PART 9
GENERAL
37.9.1
Except as expressly provided in the Agreement, Government shall have no obligation pursuant to the Agreement to fund training for Inuit.
37.9.2
Parts 5 to 8 do not apply in respect of training for the purpose of Article 23, but implementation training may be coordinated with any training under pre- employment training plans developed under Article 23.
37.9.3
Nothing in this Article shall be construed to limit the obligations of Government under Article 23 or affect the ability of Inuit to participate in and benefit from government training programs existing from time to time.
