OTHER ABORIGINAL PEOPLES
PART 1
GENERAL
40.1.1
Nothing in the Agreement shall be construed to affect, recognize or provide any rights under Section 35 of the Constitution Act, 1982, for any aboriginal peoples other than Inuit.
40.1.2
For greater certainty, and without limiting Section 40.1.1, nothing in the Agreement, or in any legislation ratifying or implementing its terms, shall:
(a)
constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights under the Constitution Act, 1982 for any aboriginal peoples other than Inuit; or
(b)
be interpreted as to abrogate or derogate from or otherwise conflict or be inconsistent with, any aboriginal or treaty rights under the Constitution Act, 1982 for any aboriginal peoples other than Inuit.
40.1.3
Nothing in the Agreement shall limit the negotiation of agreements between Inuit and any other aboriginal peoples respecting overlapping interests or claims, except that the provisions of such agreements shall not be binding on Government or any person other than Inuit and those aboriginal peoples without the consent of Government.
PART 2
INUIT OF NORTHERN QUEBEC
40.2.1 - General Provisions
The objects of this Part are as follows:
(a)
to provide for the continuation of harvesting by each Group in areas traditionally used and occupied by it, regardless of land claims agreement boundaries;
(b)
to identify areas of equal use and occupancy between the Two Groups and with respect to such areas, to provide for:
(i)
joint ownership of lands by the Two Groups;
(ii)
sharing of wildlife and certain other benefits by the Two Groups;
(iii)
participation by the Two Groups in regimes for wildlife management, land use planning, impact assessment and water management in such areas; and
(c)
to promote cooperation and good relations between the Two Groups and among the Two Groups and Government.
40.2.2 - Definitions and Interpretations
In this Part:
Areas of Equal Use and Occupancy means those areas described in Schedule 40-
1 and shown for general information purposes only on the map appended thereto;
Group means the Inuit of Nunavut or the Inuit of Northern Quebec and "the Two
Groups" means both;
Inuit of Northern Quebec means Inuit as defined in the James Bay and Northern
Quebec Agreement;
Inuit of Nunavut means Inuit as defined in Section 1.1.1;
Makivik means the Corporation representing the Inuit of Northern Quebec and created by virtue of An Act Respecting the Makivik Corporation, S.Q. 1978, c. 91; R.S.Q. c. S-18.1;
marine areas means Canada's internal waters or territorial sea, whether open or ice-covered, but does not include inland waters in Quebec. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;
Northern Quebec Inuit Offshore Land Claims Agreement means any land claims agreement between the Northern Quebec Inuit and the Crown dealing with islands and marine areas outside Quebec;
resources includes lands, minerals, wildlife, waters and the environment generally;
wildlife has the same meaning as in Section 1.1.1 but does not include reindeer.
40.2.3
The Schedules and maps attached to this Article form an integral part of it.
40.2.4 - Wildlife Harvesting
Subject to Sections 40.2.5 and 40.2.6, the Inuit of Northern Quebec have the same rights respecting the harvesting of wildlife in the marine areas and islands of the Nunavut Settlement Area traditionally used and occupied by them as the Inuit of Nunavut under Article 5 except they do not have the rights under Parts 2, 4 and 5, Sections 5.6.18 and 5.6.39, Part 8 and Sections 5.9.2 and 5.9.3.
40.2.5
The basic needs level for the Inuit of Northern Quebec shall be determined on the basis of available information. Where the basic needs levels of the Two Groups exceeds the total allowable harvest, the total allowable harvest shall be allocated between the Two Groups so as to reflect the ratio of their basic needs levels.
40.2.6
Makivik shall exercise the power of an HTO or RWO on behalf of the Inuit ofNorthern Quebec.
40.2.7
The Inuit of Nunavut may harvest wildlife in marine areas and islands between the Nunavut Settlement Area and Quebec traditionally used and occupied by them on a basis equivalent to the Inuit of Northern Quebec.
40.2.8 - Areas of Equal Use and Occupancy: Land Ownership
Upon ratification of the Agreement, those lands described in Schedule 40-2, shall vest in the form indicated on the Maps referred to in that Schedule, in the DIO on behalf of and for the benefit of the Inuit of Nunavut and in Makivik on behalf of and for the benefit of the Inuit of Northern Quebec, as joint tenants and not as tenants in common.
40.2.9
All provisions of the Agreement applying to Inuit Owned Lands except Part 3 of Article 19 but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands referred to in Section 40.2.8. Any power of a DIO under the Agreement in respect of Inuit Owned Lands in the Area of Equal Use and Occupancy shall be exercised and enjoyed jointly by the DIO and Makivik in respect of those jointly owned lands.
40.2.10
With respect to the lands described in Schedule 40-2 and notwithstanding any other rule or process provided by statute, at law or in equity, neither Group shall:
(a)
create or dispose of a legal or equitable interest to or in the lands;
(b)
seek or submit to sever or partition the lands
(c)
establish or operate facilities associated with the sports or commercial use of wildlife or facilities associated with the observation, study or enjoyment of natural or cultural features of the lands; or
(d)
make use of the lands so as to cause physical alteration or in any way diminish their value;
without the prior written agreement of the other Group and any act or instrument purporting to do shall be null, void and of no effect.
40.2.11
No act or inaction by either of the Two Groups in relation to Section 40.2.10 shall impose any liability on Government.
40.2.12 - Areas of Equal Use and Occupancy: Other Benefits
Notwithstanding Section 40.2.4 and subject to Section 40.2.13, in the Areas of Equal Use and Occupancy, the rights of the Inuit of Nunavut pursuant to Section 5.6.39 and Part 8 of Article 5 and to Articles 8, 9, 26, 33, 34 shall apply equally to the Inuit of Northern Quebec and the functions of a DIO pursuant to those Articles shall be exercised by an organization jointly designated by the Tungavik and Makivik to exercise those functions or, in the absence of such designation, by the DIO.
40.2.13
Section 40.2.12 does not apply to the rights of the Inuit of Nunavut under Section 5.8.9 in relation to the eiderdown venture conducted by Sanniit Co-operative Limited.
40.2.14 - Areas of Equal Use and Occupancy: Management
Notwithstanding Section 40.2.4, in the period after the Agreement is ratified and before a Northern Quebec Inuit Offshore Land Claims Agreement is ratified, Makivik, on behalf of the Inuit of Northern Quebec, shall appoint to the NWMB and shall nominate to each of the NPC, NIRB and the NWB, members equal to one half of those appointed or nominated by the DIO, which members shall be appointed in the same manner as members nominated by the DIO. Any member so appointed shall replace an equal number of members appointed or nominated by the DIO for decisions of the NWMB, NPC, NIRB and NWB that apply to activities that take place in the Areas of Equal Use and Occupancy, but shall not otherwise be considered to be or act as a member of those institutions.
40.2.15
In association with the conclusion of a Northern Quebec Inuit Offshore Land Claim Agreement, Government, the Inuit of Nunavut and the Inuit of Northern Quebec shall decide on appropriate permanent wildlife and land and water management regimes for the Areas of Equal Use and Occupancy.
40.2.16
The NWMB, NPC, NIRB and NWB, in performing their functions in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by the Inuit of Northern Quebec shall allow full standing to Makivik to make representations respecting the interests of the Inuit of Northern Quebec and shall take those representations into account.
40.2.17 - Mutual Protection of Rights and Interests, between the Two Groups
Each Group shall exercise its rights with respect to harvesting and resource management, including rights derived from this Agreement, the Northern Quebec Inuit Offshore Land Claims Agreement and the James Bay and Northern Quebec Agreement, in a manner consistent with the rights and interests of the other Group.
40.2.18
In exercising rights with respect to harvesting and resource management which may affect the other Group, each Group shall be guided by the principles of conservation and the importance of effective environmental protection and, accordingly, shall pursue the application of appropriate management techniques aimed at the rational and sustainable use of resources.
40.2.19
Each Group shall consult with the other with respect to all issues concerning all aspects of harvesting or resource management over which the Group has control or influence and which may affect the other Group. The obligation to consult shall include the obligation to give timely written notice and to facilitate in the making of adequate written representations.
40.2.20
In the period after the Agreement is ratified and before the Northern Quebec Inuit Offshore Land Claims Agreement is ratified, to the extent they have the authority, the Inuit of Northern Quebec shall permit the Inuit of Nunavut to appoint or nominate an equal number of members to any resource management institution or panel, to which the Inuit of Northern Quebec may appoint or nominate members, when that institution or panel is making a decision that may affect the rights or interests of the Inuit of Nunavut in the Areas of Equal Use or Occupancy.
40.2.21
Notwithstanding Section 31.1.1, the Two Groups shall share equally any revenues obtained by either Group resulting from any right to a share of resource royalties in the Areas of Equal Use and Occupancy pursuant to a land claim agreement.
40.2.22
If any lands, additional to those described in Schedule 40-2, are acquired by the Inuit of Northern Quebec in the Areas of Equal Use and Occupancy under the Northern Quebec Inuit Offshore Land Claims Agreement, the Inuit of Northern Quebec will acquire title thereto as joint tenants and not as tenants in common with the Inuit of Nunavut.
40.2.23
Nothing in Section 40.2.22 constitutes an admission or commitment by Government to negotiate additional Inuit ownership of lands in the Areas of Equal Use and Occupancy.
40.2.24
Sections 40.2.17 to 40.2.21 express arrangements between the Two Groups and neither these Sections nor any act or inaction by either of those groups or of their members in relation to these Sections shall impose any liability or obligation on Government or any other person or affect any power or right of Government or any other person.
40.2.25 - Status and Security of Rights
In addition to any person or body that is recognized by laws of general application as having standing, a DIO on behalf of the Inuit of the Nunavut Settlement Area and Makivik on behalf of the Inuit of Northern Quebec shall have standing before an appropriate court or other body to enforce this Part against the Crown or any person.
40.2.26
Notwithstanding Section 2.13.1, this Part shall not be amended without the prior written consent of Makivik.
40.2.27
In the event of conflict or inconsistency between the Sections of this Part other thanSections 40.2.17 to 40.2.20, and any other provisions of the Agreement, the Sections of this Part other than Sections 40.2.17 to 40.2.20 shall prevail.
40.2.28
The Government of Canada will not include any provisions in the Northern QuebecOffshore Land Claims Agreement contrary to this Part.
PART 3
OTHER ABORIGINAL PEOPLES - NORTHWEST TERRITORIES
40.3.1
In this Part:
"Northwest Territories" means the Northwest Territories as defined in the Northwest Territories Act R.S.C. 1985 c. N-27;
""wildlife"" has the same meaning as in Section 1.1.1 but does not include bowhead whales.
40.3.2
Subject to the provisions of any agreement between Inuit and another aboriginal people of the Northwest Territories, Inuit may harvest wildlife in any area of the Northwest Territories west of the Nunavut Settlement Area which Inuit have traditionally used and continue to use for that purpose:
(a)
in an area where there is a treaty or land claim agreement, on a basis equivalent to the other aboriginal people of the Northwest Territories which is party to that treaty or land claim agreement, or
(b)
in an area where there is no treaty or land claim agreement, on a basis equivalent to any other aboriginal people of the Northwest Territories using that area.
40.3.3
Notwithstanding any provision of Article 5, members of an aboriginal people of the Northwest Territories other than Inuit may harvest wildlife within areas of the Nunavut Settlement Area which that aboriginal people has traditionally used and continue to use for that purpose, on a basis equivalent to Inuit under Article 5, subject to the provisions of any agreement between Inuit and that aboriginal people.Where a total allowable harvest is established for a species that is harvested by Inuit and another aboriginal people of the Northwest Territories, the NWMB shall allocate a basic needs level for that other aboriginal people, separate from any basic needs level for Inuit, based on available evidence of that other aboriginal people's harvesting of that species inside the Nunavut Settlement Area. Where the basic needs levels for Inuit and another aboriginal people of the Northwest Territories exceed the total allowable harvest, the total allowable harvest shall be allocated between Inuit and that other aboriginal people so as to reflect the ratio of their basic needs levels.
PART 4
DENESULINE INDIAN BANDS: NORTHERN MANITOBA
40.4.1
In this Part, "Bands" means the Fort Churchill Indian Band and the NorthlandsIndian Band.
40.4.2
Notwithstanding any provision of Article 5, the members of the Bands may harvest wildlife for personal, family or community consumption and may trap wildlife within areas of the Nunavut Settlement Area which they have traditionally used and continue to use for those purposes, on a basis equivalent to Inuit under Article 5. Where a total allowable harvest is established for a species that is harvested by members of the Bands and Inuit, the NWMB shall allocate a basic needs level for the Bands, separate from any basic needs level for Inuit, based on available evidence of the Bands' harvesting of that species inside the Nunavut Settlement Area, taking into account the Bands' harvesting of that species outside the Nunavut Settlement Area. Where the basic needs levels for Inuit and the Bands exceed the total allowable harvest, the total allowable harvest shall be allocated between Inuit and the Bands so as to reflect the ratio of their basic needs levels.
40.4.3
For the purpose of exercising the rights under Section 40.4.2 within areas of the Nunavut Settlement Area which they have traditionally used and continued to use, members of the Bands shall have the same access to lands, including Inuit Owned Lands, as do Inuit.
40.4.4
Notwithstanding Sections 40.4.2 and 40.4.3, the NWMB may establish limits and regulations governing wildlife harvesting by members of the Northlands and Fort Churchill Bands within the Nunavut Settlement Area commensurate with any limits and regulations governing wildlife harvesting by Inuit in areas which Inuit have traditionally used and continue to use for wildlife harvesting in northern Manitoba.
40.4.5
The NWMB shall consult with the Councils of the Bands on decisions of the NWMB of direct concern to those Bands and to determine how fairly to give effect to Sections 40.4.2 and 40.4.4.
40.4.6
The NWMB shall work cooperatively with any interjurisdictional management institutions for protecting and conserving caribou herds or other species which are harvested by members of a Band and Inuit.
40.4.7
Notwithstanding Part 8 of Article 5, an application from a member of a Band to establish or carry out any facility or venture described in Part 8 of Article 5 in an area that has been traditionally used and continues to be used by members of that Band shall not be subject to a right of first refusal by Inuit. Any such application shall be subject to laws of general application.
40.4.8
The NPC, NIRB and the NWB, in performing their review functions, shall allow full standing to the Councils of the Bands to make representations respecting their interests in areas they have traditionally used and continue to use, and shall take those representations into account.
40.4.9
40.4.10
In the event that there is any cabin of a member of a Band on Inuit Owned Land and that cabin existed on January 1, 1992, members of the Band may continue to use and occupy that cabin and the DIO shall, upon request of the Band Council accompanied by adequate evidence, relinquish to the Crown title to the site of the cabin. The obligation to relinquish title to the Crown shall not apply to any request made more than 2 years after the date of ratification. In the event of disagreement between the DIO and a Band Council regarding any matter concerning this section, either party may require the disagreement to be resolved pursuant to the territorial Arbitration Act. For greater certainty, the relinquishment to the Crown shall not have the effect of making the lands reserves within the meaning of the Indian Act.
PART 5
DENESULINE INDIAN BANDS: NORTHERN SASKATCHEWAN
40.5.1
In this Part, "Bands" means the Black Lake Indian Band, The Hatchet Lake IndianBand and the Fond du Lac Indian Band.
40.5.2
Notwithstanding any provision of Article 5, the members of the Bands may harvest wildlife for personal, family or community consumption and may trap wildlife within areas of the Nunavut Settlement Area which they have traditionally used and continue to use for those purposes, on a basis equivalent to Inuit under Article5. Where a total allowable harvest is established for a species that is harvested by members of the Bands and Inuit, the NWMB shall allocate a basic needs level for the Bands, separate from any basic needs level for Inuit, based on available evidence of the Bands' harvesting of that species inside the Nunavut Settlement Area, taking into account the Bands' harvesting of that species outside the Nunavut Settlement Area. Where the basic needs levels for Inuit and the Bands exceed the total allowable harvest, the total allowable harvest shall be allocated between Inuit and the Bands so as to reflect the ratio of their basic needs levels.
40.5.3
For the purpose of exercising the rights under Section 40.5.2 within areas of the Nunavut Settlement Area which they have traditionally used and continued to use, members of the Bands shall have the same access to lands, including Inuit Owned Lands, as do Inuit.
40.5.4
The NWMB shall consult with the Councils of the Bands on decisions of the NWMB of direct concern to those Bands and to determine how fairly to give effect to Section 40.5.2.
40.5.5
The NWMB shall work cooperatively with any interjurisdictional management institutions for protecting and conserving caribou herds or other species which are harvested by members of a Band and Inuit.
40.5.6
Notwithstanding Part 8 of Article 5, an application from a member of a Band to establish or carry out any facility or venture described in Part 8 of Article 5 in an area that has been traditionally used and continues to be used by members of that Band shall not be subject to a right of first refusal by Inuit. Any such application shall be subject to laws of general application.
40.5.7
The NPC, NIRB and the NWB, in performing their review functions, shall allow full standing to the Councils of the Bands to make representations respecting their interests in areas they have traditionally used and continue to use, and shall take those representations into account.
40.5.8
40.5.9
In the event that there is any cabin of a member of a Band on Inuit Owned Land and that cabin existed on January 1, 1992, members of the Band may continue to use and occupy that cabin and the DIO shall, upon request of the Band Council accompanied by adequate evidence, relinquish to the Crown title to the site of the cabin. The obligation to relinquish title to the Crown shall not apply to any request made more than 2 years after the date of ratification. In the event of disagreement between the DIO and a Band Council regarding any matter concerning this section, either party may require the disagreement to be resolved pursuant to the territorial Arbitration Act. For greater certainty, the relinquishment to the Crown shall not have the effect of making the lands reserves within the meaning of the Indian Act.
SCHEDULE 40-1
COORDINATES OF AREAS OF EQUAL USE AND OCCUPANCY IN HUDSON STRAIT AND HUDSON BAY
(Section 40.2.2)
(a)
Coordinates of Areas of Equal Use and Occupancy in Hudson Strait
- The line shall commence at the intersection of63 E25'N and 76E10'W;
- Then it shall proceed generally south and west - in a straight line to the intersection of63E12'N and 77E00'W;
- then generally west and south in a straight line to the intersection of63E00'N and 77E40'W;
- then generally north and west in a straight line to the intersection of63E03'N and 78E25'W;
- then generally north and west in a straight line to the intersection of63E30'N and 78E47'W;
- then generally north and east in a straight line to the intersection of63E52'N and 77E15'W;
- then generally south and east in a straight line to the intersection of63E25'N and 76E10'W.
(b)
Coordinates of Areas of Equal Use and Occupancy in Hudson Bay
-The line shall commence at the intersection of56 E22'N and 77E25'W;
- then it shall proceed generally west and south in a straight line to the intersection of56E07'N and 78E10'W;
- then shall proceed northerly in a straight line to the intersection of56E45'N and 78E15'W;
- then shall proceed generally west and north in a straight line to the intersection of57E00'N and 78E40'W;
- then shall proceed generally west and north in a straight line to the intersection of57E15'N and 80E00'W;
- then northerly in a straight line to58E00'N and 79E45'W;
- then generally east and south in a straight line to the intersection of57E40'N and 78E00'W;
- then generally east and south in a straight line to the intersection of57E00'N and 77E25'W;
- then southerly in a straight line to the intersection of56E22'N and 77E25'W.
SCHEDULE 40-1
APPENDIX:
MAP OF AREAS OF EQUAL USE AND OCCUPANCY (for general information purposes only)
A AREA OF EQUAL USE AND OCCUPANCY IN HUDSON STRAIT
B AREA OF EQUAL USE AND OCCUPANCY IN HUDSON BAY
SCHEDULE 40-2
DESCRIPTION OF JOINTLY OWNED LANDS
INUIT OF NUNAVUT AND INUIT OF NORTHERN QUEBEC
Parcels shown as jointly owned lands on the maps titled Jointly Owned Lands, Inuit of Nunavut and Inuit of Northern Quebec, Ownership Map in the series Nos. 1 to 4 that were jointly delivered by the Parties to the registrar on the 15th day of April, 1993.
