Amendments to the Western Arctic Claim - The Inuvialuit Final Agreement
Amended - P.C. 1985-1144 - April 4, 1985
Subsection 7(98)
7(98) Without limiting the application of subsection (97), it may be agreed that laws and regulations or provisions thereof that apply only to Crown lands shall apply to all or any Inuvialuit lands from and including July 25, 1984, if the Inuvialuit or the appropriate Minister so requests and the other party consents.
Amended - H.C. Sessional Paper 332-4/43 B - December 14, 1987
Subsection 3(13)
3(13) The provisions of this Agreement may be amended with the consent of Canada as represented by the Governor in Council and the Inuvialuit as represented by the Inuvialuit Regional Corporation.
Subsection 3(16)
3(16) Where any amendment to this Agreement requires consequential legislation to achieve its effect, Canada agrees to take all reasonable steps to put in place suitable legislation forthwith.
Amended - P.C. 1988-1644 - August 11, 1988
Paragraph 5
5(1) The Inuvialuit are best able to determine who should be eligible under the Inuvialuit Land Rights Settlement, but there should also be objective criteria by which an individual may have determined the right to be a beneficiary.
5(2) A person shall be eligible to enroll as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if, as of the date of the Settlement Legislation (July 25, 1984), that person is a living Canadian citizen and:
(a) is on the Official Voters List used for approving this Agreement; or
(b) is considered to be of Inuvialuit ancestry or is considered by reason of Inuvialuit custom or tradition to be Inuvialuit and is accepted in either case as a member of an Inuvialuit Community Corporation; or
(c) produces evidence satisfactory to the Enrolment Authority referred to in subsection (5), or its successor established by the Inuvialuit, that he has one-quarter or more Inuvialuit blood and,
(i) was born in the Inuvialuit Settlement Region or Inuvik, or
(ii) has been a resident of the Inuvialuit Settlement Region or Inuvik for a total of at least ten years, or
(iii) if under ten years of age, is ordinarily resident in the Inuvialuit Settlement Region or Inuvik; or
(d) is an adopted child, under the laws of any jurisdiction or according to Inuvialuit custom, of a person who qualifies under paragraph (a), (b) , or (c) .
5(3) A person shall be eligible to enroll as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if that person is a Canadian citizen and is a descendant, as determined from time to time by the appropriate community corporation or the IRC, as the case may be, of a person eligible for enrolment under paragraph 2 (a) , (b), (c), or (d).
5(4) An Enrolment Committee shall be established in each Inuvialuit community for the purpose of preparing initial lists of all members of the community whom it believes qualify under the initial eligibility criteria, and it shall forward such lists to the Enrolment Authority referred to in subsection (5) together with validating documentation and information.
5(5) An Enrolment Authority, comprising two representatives of COPE and one representative of the Government, shall be responsible for the initial enrolment process according to the requirements and standards that the Authority establishes. It shall prepare and publish the initial Official Eligibility List and the initial Official Enrolment List; after doing so, its mandate will expire and it shall forthwith forward all its records to its successor established by the Inuvialuit.
5(6) Any person eligible to enrol pursuant to subsection (2), (3) or (7) shall have the right to enrol at any time after attaining the age of eighteen (18) years. Such choice shall be exercised by signature of a document in form prescribed by the Enrolment Authority or its successor established by the Inuvialuit, and such name shall be placed on the Official Enrolment List, as amended from time to time.
5(7) The Inuvialuit shall determine the eligibility and enrolment of future beneficiaries, those born after July 25, 1984.
5(8) Any person who has been denied eligibility or enrolment as a beneficiary may appeal the denial to the Arbitration Board pursuant to section 18.
5(9) Canada shall pay the expenses incurred for the initial enrolment of beneficiaries.
5(10) Native persons may be enrolled in only one Canadian Land Claims Settlement for which they qualify. Persons who qualify to be enrolled in more than one settlement may choose the one in which they shall be enrolled. Persons who choose to be enrolled in the Inuvialuit Settlement may, within ten years after enrolment, at their option, choose to relinquish their entitlement under the Inuvialuit Settlement in favour of enrolment in another settlement for which they qualify. On notice in writing by the person so opting or on notification and verification by the appropriate enrolling authority of another native settlement that the person so opting has applied and been enrolled in that other settlement, the person's entitlement under this Settlement shall cease.
5(11) The Inuvialuit hereby offer to enroll in the lnuvialuit Settlement any native person of an aboriginal group proximate to the Inuvialuit Settlement Region who, at the time this Agreement is executed, is otherwise ineligible but is residing in or proximate to the Inuvialuit Settlement Region with their legally married husband or wife who is an eligible Inuvialuk.
5(12) The offer under subsection (11) may be acted on for a period of ten (10) years after the date of execution of this Agreement.
5(13) Subject to paragraph 2 (d), the offer under subsection (11) does not extend to other non-Inuvialuit relatives, present or future, of any native person.
Paragraph 6(4)(a)
(a) the Inuvialuit enrolled in the Inuvialuit Land Rights Settlement shall share equally in the benefits received by the various Inuvialuit corporations and distributed through the Inuvialuit Trust; therefore, each eligible Inuvialuk, upon attaining eighteen (18) years of age, shall be entitled to enrol as a beneficiary and, upon enrolment, to receive a life interest only in the same number of trust units, which units shall be non-transferable, in the Inuvialuit Trust. Any profits derived from any development of Inuvialuit lands and distributed through the Inuvialuit Trust shall be shared equally by all enrolled Inuvialuit, but each community corporation shall have control over any development activity approved by the Inuvialuit Land Administration or the Inuvialuit Regional Corporation in respect of the block of land selected near that community pursuant to paragraph 7 (1)(a);
Paragraph 6(4)(d) is repealed
Paragraph 6(4)(e) is relettered as paragraph 6(4)(d)
Amended - P.C. 2004-337 - March 30, 2004
Definitions
"General Hunting Licence" replace "1975/76, 1976/77 and 1977/78" with "1975-1976, 1976-1977 and 1977-1978"
"Inuvialuit" replace "corporations, trusts or organizations" with "corporation, trust or organization"
"lnuvialuit corporations" replace, in each occurrence, "corporations" with "corporation"
Section 3: Agreement and Legislative Approval
3(14) replace "Regional Councillors" with "Directors"
Section 5: Eligibility and Enrolment
5(5) add "(2)" after "two" and "(1)" after "one"
5(10) replace "Land Claims Settlement" with "land claims settlement"
Section 6: Corporate Structures
6(1)(a) replace 6(1)(a) with "The lnuvialuit Regional Corporation, a corporation without share capital, to generally represent the lnuvialuit and their rights and benefits, to receive initially the lnuvialuit lands and financial compensation, for transfer, in respect of lands, to the lnuvialuit Land Corporation and, in respect of financial compensation, to the lnuvialuit Development Corporation, the lnuvialuit Investment Corporation, and the lnuvialuit Petroleum Corporation, in such amounts as the lnuvialuit Regional Corporation may determine; also to administer the lnuvialuit lands through its division, the lnuvialuit Land Administration, and to take responsibility for matters related to the supervision, management, and administration of such lands, and to hold 100% of all voting shares in each of the lnuvialuit Development Corporation, Inuvialuit Investment Corporation, lnuvialuit Land Corporation, and lnuvialuit Petroleum Corporation which receives financial compensation (subsection 15(2) capital transfer payments).
6(1)(f) replace 6(1)f) with "the Inuvialuit Trust, of which the capital and income beneficiaries would be the Inuvialuit Regional Corporation and the eligible individual lnuvialuit beneficiaries holding trust unit certificates, to acquire by settlement from lnuvialuit Regional Corporation, 100% of the non-voting shares of Inuvialuit Land Corporation, lnuvialuit Development Corporation, lnuvialuit Investment Corporation and Inuvialuit Petroleum Corporation acquired by lnuvialuit Regional Corporation on the transfer of land and financial compensation pursuant to subsection 6(1)(a)."
6(4)(b) delete "are" between "interests" and "allotted" delete "or" between "Inuvialuit Corporations" and "are received" and insert ", in respect of receipt of financial compensation (section 15(2) capital transfer payments) and whereby such shares or interests,"
6(5) replace 6(5) with "The financial compensation received by the lnuvialuit Regional Corporation on behalf of the lnuvialuit pursuant to the subsection 15(2) shall, when transferred to the Inuvialuit Development Corporation, the lnuvialuit Investment Corporation, and the lnuvialuit Petroleum Corporation, as received from time to time by each corporation, be added to the stated capital accounts maintained for the class or classes of shares settled on the lnuvialuit Trust and lnuvialuit Regional Corporation, and shall constitute paid-up capital in respect of such class or classes of shares of the corporations for purposes of the Income Tax Act; and the adjusted cost base to the lnuvialuit Regional Corporation and the Inuvialuit Trust of such shares shall be equal to such paid up capital."
6(6) delete "of paragraph 125(6)(a)"
Section 7: lnuvialuit and Crown Land
7(6) replace "The parties have agreed that the descriptions may be modified subsequently by mutual consent to ensure that the descriptions accord with the results of the ground survey." with "The legal descriptions may be modified by mutual consent of the parties to ensure that the descriptions accord with the results of the ground survey. The Registrar of Land Titles shall issue a certificate of title, or such certificates of title as the Registrar deems administratively appropriate, upon application by the lnuvialuit Land Corporation."
7(60)(e) replace "Administration (ILA)" with "Corporation (ILC)"
7(72),(77),(78) add "paragraph 7" before "(1)(b)"
7(110) replace "Order in Council" with "order in council"
Sectlon 9: Selection of Inuvialuit Lands
9(8) add "subsections" before "9(3), (4) and (5)"
Section 10: Participation Agreements
10(1) add "paragraph" before "7(1)(a)" and before "7(1)(b)
Section 11: Environmental Impact Screening and Review
Before subsection 11(1) insert new heading "General"
11(2) add a new subsection 11(2) by inserting "No environmental impact screening or environmental impact review is required to be conducted in relation to a proposed development that:
(a) is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act;
(b) is to be carried out in response to an emergency such that carrying it out forthwith is in the interest of preventing damage to property or the environment or in the interest of public welfare, health or safety; or
(c) is exempt by way of an Exclusion List to be established by the Screening Committee, of classes or types of development which would not have a significant negative impact on air, water, land or renewable resources."
11(2) renumber as "11(3)" add a new subsection 11(4) by inserting "The Governor in Council shall designate from time to time which Minister shall, by letter of appointment, make appointments on behalf of Canada for the purposes of section 11"
Before subsection 11(5) insert new heading "Environmental Impact Screening Committee"
11(3) renumber as "11(5)" renumber reference to "subsection (8)." with "subsection (11)."
11(4) renumber as 11(6)
11(5) renumber as 11(7) add a new subsection 11(8) by inserting "The remuneration required for the lnuvialuit members appointed to the Environmental Impact Screening Committee, referred to in subsection 11(5), and the reasonable travel and accommodation costs, to attend regular meetings of the Screening Committee shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement."
11(6) renumber as "11(9)"
11(7) renumber as "11(10)"
11(8) renumber as "11(11)"
11(9) renumber as "11(12)" renumber reference to "subsection (8)" as "subsection (11)"
11(10) renumber as "11(13)"
11(11) renumber as "11(14)" add a new subsection 11(15) by inserting "A register shall be kept of all decisions of the Screening Committee and the decisions shall be made available to the public on request."
11(12) renumber as "11(16)"
11(13) renumber as "11(17)"
11(13)(b) renumber as "11(17)(c))" add as a new subsection b) "the development, if authorised subject to environmental terms and conditions recommended by the Screening Committee, will have no such significant negative impact and may proceed without environmental impact assessment and review under this Agreement"
11(13)(c) renumber as "11(17)(d)"
11(14) renumber as "11(18)" renumber reference to "paragraph 13(a)," as "paragraph 17(a),"
11(15) renumber as "11(19)"
11(16) renumber as "11(20)" renumber reference to "subsection (15)" as "subsection (19)"
11(17) renumber as "11(21)"
Before subsection 11(22) insert new heading "Environmental Impact Review Board"
11(18) renumber as "11(22)"
11(19) renumber as "11(23)" renumber reference to "subsections (6) to (10)" as "subsections (9) to (12)"
11(20) renumber as "11(24)" Add a new subsection 11(25) "The remuneration required for the lnuvialuit members appointed to the Environmental Impact Review Board, referred to in subsection 11(24), and reasonable travel and accommodation costs, to attend regular meetings of the Review Board shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement."
11(21),(22),(23),(24) renumber as "11(26)", "11(27)", "11(28)" and "11(29)" respectively
11(25) renumber as "11(30)"
11(26) renumber as "11(31)" replace current wording with "A register shall be kept of all decisions of the Review Board and the decisions shall be made available to the public on request."
11(27) renumber as "11(32)"
11(28) renumber as "11(33)" renumber reference to "subsection (27)," as "subsection (32),"
11(29) renumber as "11(34)"
11(30) renumber as "11(35)"
11(31) renumber as "11(36)"
11(32) renumber as "11(37)"
Section 12: Yukon North Slope
12(47) replace current wording of 12(47) with: "The Council shall have as permanent members a chairman and an equal number of members designated by:
a) government, and
b) the lnuvialuit and other native groups referred to in subsection 12(50)"
12(49) replace "representing" with "designated by" add "or native groups," after "government departments" add "or Inuvialuit," after "government departments"
12(51) replace "native members and Canada" with "members designated by the lnuvialuit and Canada"
12(56) add a new subsection 12(56) by inserting "The reasonable expenses (travel and accommodation costs) and remuneration required for lnuvialuit members appointed to the Wildlife Management Advisory Council (North Slope), referred to in subsection 12(55), to attend regular meetings of the Council shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement."
12(56) renumber as "12(57)" Move heading of Yukon North Slope Annual Conference to before subsection 12(58)
12(57) renumber as "12(58)"
12(58) renumber as "12(59)"
12(59) replace the first occurrence of "Chairman" with "chairman" renumber as "12(60)"
12(60) renumber as "12(61)"
12(61) replace, in each occurrence, "Conferences" with "conferences" renumber as "12(62)"
Section 14: Wildlife Harvesting and Management
14(36)(d) replace "Comittees" with "Committees"
14(45) replace the first occurrence of "Council" with "council"
14(48) replace current wording of 14(48) with: "The Council shall have as permanent members a chairman and an equal number of members designated by:
a) government, and
b) the lnuvialuit and other native groups referred to in subsection 14(51)"
delete subsection 14(51)
14(52) renumber as "14(51)"
14(53) renumber as "14(52)"
14(54) renumber as "14(53)"
14(55) - 14(59) renumber as "14(54)"-"14(58)" respectively add a new subsection 14(59) by inserting "The reasonable expenses (travel and accommodation costs) and remuneration required for lnuvialuit members appointed to the Wildlife Management Advisory Council (Northwest Territories), referred to in subsection 14(58), to attend regular meetings of the Council shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement."
14(62) replace the first occurrence of "Chairman" with "chairman" replace "Government" with "Minister of Fisheries and Oceans of Canada"
14(64)(a) insert in each occurrence, "paragraph" before "7(1)(a)" and "7(1)(b)"
14(64)(b) insert "paragraph" before "7(1)(a)" and "7(1)(b)"
14(64)(d) insert "paragraph" before "7(1)(a)" and "7(1)(b)" insert "paragraph" before "7(1)(b)"
14(64)(e) insert "paragraph" before "7(1)(b)"
14(64)(l) insert "paragraph" before "7(1)(a)" and insert "paragraph 7(1)" before "(b)"
14(73) replace "Chairman" with "chairman"
14(74)(a) replace "including those referred to in Sections 11, 12 and 14;" with "including the Wildlife Management Advisory Councils (NWT and North Slope), the Environmental Impact Screening Committee, the Environmental Impact Review Board, and the Fisheries Joint Management Committee;"
Section 18: Arbitration
18(4) Add a new clause: "Notwithstanding any other provisions of section 18, in the event that the Chairman is incapacitated or otherwise unable to discharge the functions prescribed under section 18, or if the position of chairman is vacant, the Vice-Chairman has and may exercise all of the functions of the Chairman."
18(4) renumber as "18(5)" replace the third and fourth occurrences of "Chairman or Vice-Chairman" with "chairman or vice-chairman" respectively
18(5)-18(7) renumber as "18(6)" -" 18(8)" respectively
18(8) renumber as "18(9)" replace "The data used" with "The decisions made"
18(9)-18(11) renumber as "18(10)" - "18(12)" respectively Move heading of Formation of Panels to before subsection 18(13)
18(12) renumber as "18(13)"
18(13) renumber as "18(14)" replace "subsection (12) " with "subsection (13)"
18(14) renumber as "18(15)"
18(15) renumber as "18(16)" Move heading of Initiation of Arbitration to before subsection 18(16)
18(16) renumber as "18(17)"
18(17) renumber as "18(18)" replace "subsection (15)" with "subsection (16)"
18(18) renumber as "18(19)" replace "subsection (17)" with "subsection (18 )"
18(19) renumber as "18(20)" replace "subsection (15)" with "subsection (16)"
18(20) renumber as "18(21)" replace "subsections (12) to (19)" with "subsections (13) to (20)"
18(21), (22), (23), (24), (25), (26) renumber as "18(22)","18(23)","18(24)","18(25)","18(26)" and "18(27)" Move heading of Procedure of Evidence before subsection 18(22)
18(27) renumber as "18(28)"
18(28) renumber as "18(29)"
18(29) renumber as "18(30)" replace "subsection (31)" with "subsection (32)"
18(30) renumber as "18(31)"
18(31) renumber as "18(32)" Move heading of Review before subsection 18(32)
18(32)-18(34) renumber as "18(33)", "18(34)" and "18(35)", respectively Move heading of Jurisdiction of Board before subsection 18(33)
18(35) renumber as "18(36)"
18(35)(a) replace "( subsection 5(7))" with "(subsection 5(8))"
Annex A-2: Description of the Inuvialuit Settlement Region
at ninth thence, replace "south-easterly" with "southeasterly"
Annex E: Yukon North Slope
replace "Western Portion North Slope" with "Ivvavik National Park" replace "Territorial Park" with "Herschel Island Qikiqtaruk Territorial Park "
Annex L: Porcupine Caribou Management Agreement
replace with "The Porcupine Caribou Management Agreement, dated October 26, 1985, as amended from time to time, between Canada, the Government of the Northwest Territories, the Government of Yukon, the Council for Yukon Indians, the lnuvialuit Game Council, and the Dene Nation and the Métis Association of the Northwest Territories, is hereby incorporated by reference into this Agreement."