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.
