Nunavik Inuit Land Claims Agreement Implementation Plan

1. Interpretation

1.1 The terms used in this Plan have the same meanings as those in the NILCA in respect of the provisions to which they relate.

1.2 The Plan shall be interpreted so as to promote the implementation of the NILCA.

1.3 Without limiting the generality of Section 1.2, the Plan shall be interpreted in accordance with the principles set out in Section 23.1 and the provisions set out in 23.2 of the NILCA.

1.4 For greater certainty, any responsibility assigned in Annex A (i.e. Implementation Plan Activity Sheets for the Nunavik Inuit Land Claims Agreement) to Nunavik Inuit, to Makivik by Nunavik Inuit, or to a MDO, shall not be an obligation of the Government of Canada or the Government of Nunavut.

1.5 For greater certainty, all rights and obligations of the Nunavik Inuit under this Plan may be enforced by and against Makivik.

1.6 Nothing in the Plan is to be considered an amendment to, modification of, or derogation from the NILCA.

1.7 Where there is any inconsistency or conflict between the Plan and the NILCA, the NILCA shall prevail to the extent of the inconsistency or conflict.

2. Status of the Plan

2.1 The Plan constitutes a legally binding contract between the Parties unless otherwise specified.

2.2 The Plan includes documents which identify certain activities to be undertaken and certain costs which shall be incurred in order to implement the NILCA.

2.3 The Plan does not form part of the NILCA and is not a land claims agreement or a treaty within the meaning of section 35 of the Constitution Act 1982.

3. Contents of the Plan

3.1 The Plan comprises the following sections:

- General Provisions and Contract
- Implementation Plan Activity Sheets for the NILCA (Annex A)
- Financial Information Summary (Annex B)
- Communication and Information Strategy (Annex C)

3.2 The English version of this Plan is the authoritative version.

3.3 Annex A (Implementation Plan Activity Sheets) identifies certain activities to be undertaken during the initial ten-year implementation period. Annex A is not legally binding. The activities and the estimates of certain costs referred to in 2.2, are based on assumptions made by the parties in order to determine the level of financial and human resources sufficient to undertake the activities to fulfill the obligations identified in the NILCA.

3.4 Annex B (Financial Payments Summary) identifies the payment of funds and any annual adjustments during the initial implementation period of ten years from the effective date of the NILCA for the following:

Part 1 - Boards and Commission
Part 2 - Enrolment and Eligibility
Part 3 - Nunavik Inuit Wildlife Research Fund
Part 4 - Implementation Funding
Part 5 - Government of Nunavut
Part 6 - Annual Adjustments

3.5 Annex C (Communications and Information Strategy) identifies a communication and information strategy to inform Nunavik Inuit and interested third parties of the content of the Agreement and the accompanying Implementation Plan in accordance with section 23.2.3 (e) of the Agreement. Annex C is not legally binding.

4. Financial Payments

4.1 Canada's financial payments described herein are subject to annual appropriation by Parliament.

4.2 Recognizing that years 1 to 10 may not coincide with government's fiscal years (April 1 to March 31) and that the recipients of the annual amounts identified in Annex B (Financial Information Summary) will need to budget on a fiscal year basis, those amounts will be allocated at the time of ratification to fiscal years in the manner described in Annex B. Upon verification of the calculations by the Implementation Committee, the fiscal year allocations will be deemed to replace the amounts in Annex B.

4.3 The Year 1 payments to the Government of Nunavut shall be made as soon as possible after the effective date of the NILCA. The first year's payments to the NMR Impact Review Board, the NMR Wildlife Board and NMR Planning Commission shall be made as soon as possible after the establishment of those bodies and, in accordance with subsections 5.6.16, 6.4.3, and 7.2.33 of the NILCA, the approval of their first budget.

4.4 The fiscal year allocations as calculated under 4.3, will be subject to annual adjustments in the manner described in Annex B (Financial Payments Summary), Part 6 - Annual Adjustments.

5. Implementation Funding

5.1 Pursuant to Section 23.4.1 of the NILCA, the Government of Canada shall provide implementation funding payments to Makivik and the Nunavik Inuit Trust (NIT) in accordance with Schedule A of Part 4 of Annex B, including funding for the Park Impacts and Benefits Agreement for the Torngat Mountains National Park Reserve of Canada and for Nunavik Inuit Claims in Labrador onshore and offshore. Any payments made pursuant to Section 23.4.1 are not intended by the parties to fulfill or discharge the ongoing funding responsibilities of the Government of Canada for the implementation of this Agreement.

5.2 The Government of Canada's obligation to provide implementation funding in the amounts identified in Annex B shall not diminish in any way:

1. the obligation of Her Majesty in Right of Canada to fulfil the financial aspects of the obligations in the NILCA other than the obligations referred to in sections 5.1 and 5.3; and
2. the obligation to negotiate for the purpose of determining the amounts of funding pursuant to section 8.1.

5.3 The Government of Canada shall provide the Government of Nunavut with funding to assist the Government of Nunavut in fulfilling its responsibilities under the Agreement for the initial planning period. This funding shall be provided in accordance with further funding arrangements to be established between the Government of Canada and the Government of Nunavut.

5.4 The Government of Canada shall establish funding arrangements further to the arrangements in this Plan with each of the institutions of public government consistent with subsection 23.1.1(d) of the NILCA. The funding arrangements shall specify the manner and timing of payments and may provide for an annual payment or a schedule of payments within any one year. Payments under the funding arrangements are conditional on the approval of the budgets.

5.5 Consistent with subsection 23.1.1(d) (ii) of the NILCA, each institution of public government shall be provided the degree of flexibility within its funding arrangements to allocate, reallocate and manage funds within its approved budget no less than that generally accorded to comparable agencies of government. Such arrangements shall be consistent with the Plan and, for greater certainty, shall accommodate the exercise of powers of the Implementation Committee as described in section 23.3.3. of the NILCA.

5.6 For greater certainty, authority of a Minister or Minister's delegate to approve a proposed budget shall not be exercised so as to reduce the commitments under 5.1 and 5.5.

5.7 The Nunavik Marine Region Impact Review Board shall be required to submit budgets for hearings to the Implementation Committee for review. The budgets shall be forwarded to the appropriate Minister or Minister's delegate by the Implementation Committee with any recommendations of the Committee and are subject to the approval of the Minister or Minister's delegate.

5.8 The Government of Canada shall provide the Nunavik Marine Region Wildlife Board with a single payment of $5 million at the commencement of Year 1 for the establishment of a Wildlife Research Fund to pay for the conduct of research proposed by the Government of Canada or the Government of Nunavut and approved by the Nunavik Marine Region Wildlife Board. The allocation of those funds for that purpose in any fiscal year and any reallocation to another fiscal year for that purpose is at the discretion of the Nunavik Marine Region Wildlife Board.

6. Eligibility and Enrolment

6.1 The Government of Canada shall provide the sums of $45,000 in Year 1 and $26,000 in Year 2 (2005 constant dollars) for the expenses incurred by the Registrar pursuant to Article 4 for the establishment and maintenance of the NILCA Enrolment List and the provision of those amounts represents the fulfilment of the Government of Canada's obligation to provide funding pursuant to section 4.12 of the NILCA.

7. Dispute Resolution

7.1 Subsection 23.3.3(d) and Article 24 of the NILCA shall apply where a dispute arises between two parties, or among all parties, on any matter concerning the interpretation, application or implementation of the Plan

9. Amendment of Plan

9.1 The Plan may be amended only with the written consent of each party.

9.2 The parties shall consider whether to amend the Plan as a result of any recommendation from the Implementation Committee following any review conducted pursuant to sub-section 23.3.3 (b) of the NILCA

10. Coming into Force

10.1 The initial period of the Plan will commence on the effective date of the NILCA and will end on the tenth anniversary of the effective date of the NILCA.

SIGNATORIES FOR THE IMPLEMENTATION PLAN OF THE NUNAVIK INUIT LAND CLAIM AGREEMENT

Signed at Kuujjuaq, Québec, on the _____ day of December, 2006.

FOR: HER MAJESTY THE QUEEN IN RIGHT OF CANADA

On Behalf of the Government of Canada _________

Witness: _________ On Behalf of the Government of Nunavut

Witness: _________

FOR: THE NUNAVIK INUIT

On Behalf of the Makivik Corporation

Witness: _________

Witness: _________

A. FORMAT

B) COMMUNICATIONS

If no other address for delivery of a particular communication has been provided by a Party, a communication will be delivered, transmitted, or mailed to the intended recipient as follows:

For: Canada
Attention: Minister of Indian Affairs and Northern Development
House of Commons
Confederation Building
Ottawa, Ontario
K1A 0A6

For: Government of Nunavut
Attention: P.O. Box 1000, Station 205
Iqaluit, Nunavut
X0A 0H0

For: Makivik
Attention: President
P.O. Box 179
Kuujjuaq, Québec
J0M 1C0

PROJECT: Amendment of the Agreement following a court ruling that some provisions of the Agreement are invalid - Sheet # 2 - 1

RESPONSIBILITY: Makivik; Canada; Implementation Committee (Committee)

OBLIGATIONS ADDRESSED:

2.6 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties shall make best efforts to amend this Agreement to remedy the invalidity or to replace the invalid provision.

2.13 Amendments to this Agreement shall require the consent of the parties as evidenced by:

1. in respect of Her Majesty, an order of the Governor-in-Council; and
2. in respect of Nunavik Inuit, a resolution of Makivik, except as provided otherwise by its by-laws.

RELATED CLAUSES:

2.20 - consult with Makivik when preparing legislation for amendments to this Agreement
28.11 - provisions of Article 28 may not be amended without the written agreement of the Crees

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. A copy of any amendments to the Agreement, including any instrument giving effect to an amendment, will be deposited at the appropriate address as determined by the parties.

PROJECT: Appointment of Registrar for NILCA Enrolment List - Sheet # 4 - 1

RESPONSIBILITY: Makivik; Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM)

PARTICIPANT/LIAISON: Registrar; Nunavik Enrolment Office

OBLIGATIONS ADDRESSED:

4.7 On the effective date, Makivik shall designate a person who shall serve as the Registrar for purposes of this Article.

4.8 The Registrar shall establish and maintain the NILCA Enrolment List and enrol thereon the names of all persons who are entitled to be enrolled in accordance with this Article.

4.12 The Government of Canada shall pay all reasonable costs incurred by the Registrar for the establishment and maintenance of the NILCA Enrolment List until the second anniversary of the effective date of this Agreement.

RELATED CLAUSES:

Article 1 - definition of "Nunavik Inuk" or "Nunavik Inuit"
4.1 to 4.6 - provisions for determining eligibility for enrolment
4.9 to 4.11 - duties of the Registrar
25.8 - official voters list for ratification vote

FUNDING:

1. Identified funding for the costs incurred by the Registrar for the establishment and maintenance of the NILCA Enrolment List until the second anniversary of the effective date (2005 constant dollars):
   
   Year 1: $45,000
   
   Year 2: $26,000
2. The detailed cost worksheet for the operations of the Registrar are attached for reference purposes and were developed for the purpose of estimating the funding to be provided for these activities. It is not intended that the funding for the Registrar shall be constrained to any particular line item.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. The Registrar, to be appointed pursuant to Article 4 of this Agreement, will be co-located with the Nunavik Enrolment Office that has been established at the Makivik Head Office in Kuujjuaq pursuant to paragraph 3A.4 of Complementary Amending Agreement No. 18 of the James Bay and Northern Quebec Agreement. Arrangements for a mutually beneficial sharing of administrative and office costs between these two organizational entities will be developed.
2. The NILCA Enrolment List will be largely generated from the Inuit Beneficiaries List that is maintained by the Nunavik Enrolment Office pursuant to the provisions of paragraph 3A.4.2 of Complementary Amending Agreement No. 18 of the James Bay and Northern Quebec Agreement and that the Registrar will have continuing access to this data base in order to keep the NILCA Enrolment List up-to-date.

Cost Worksheet - Enrolment and Eligibility (Registrar)

PROJECT: Establishment and maintenance of NILCA Enrolment List - Sheet # 4 - 2

RESPONSIBILITY: Registrar

PARTICIPANT/LIAISON: Makivik; Nunavik Enrolment Office; Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate; Nunavut Government

OBLIGATIONS ADDRESSED:

4.4 Any person enrolled under this Agreement, may from time to time, decide to discontinue enrolment and, upon that person's written notice of intention to discontinue enrolment to the Registrar, that person's name shall be removed by the Registrar from the NILCA Enrolment List.

4.8 The Registrar shall establish and maintain the NILCA Enrolment List and enrol thereon the names of all persons who are eligible to be enrolled in accordance with this Article.

4.9 The Registrar shall remove the name of a person listed on the NILCA Enrolment List if that person no longer meets the enrolment requirements pursuant to section 4.1.

4.10 The Registrar shall annually provide a free copy of the NILCA Enrolment List to the Government of Canada and to the Nunavut Government, and make such list available to the public.

4.11 The Registrar shall be responsible for coordinating the enrolment procedures set out in these provisions.

RELATED CLAUSES:

4.1 to 4.6 - provisions for determining eligibility for enrolment
4.7 - appointment of Registrar
4.12 - funding of Registrar until second anniversary of date of ratification
25.8 - official voters list for ratification vote

FUNDING:

1. Funding for the Registrar is identified in Sheet # 4-1. Funding for the Registrar will be the responsibility of Makivik after Year 2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. The NILCA Enrolment List will be largely generated from the Inuit Beneficiaries List that is maintained by the Nunavik Enrolment Office pursuant to the provisions of paragraph 3A.4.2 of Complementary Amending Agreement No. 18 of the James Bay and Northern Quebec Agreement and that the Registrar will have continuing access to this data base in order to keep the NILCA Enrolment List up-to-date.
2. In relation to Activity 6 above, the NILCA Enrolment List should be sent to the following address in the Department of Indian Affairs and Northern Development:

   Director
   Implementation Management Directorate
   Implementation Branch
   Claims and Indian Government
   Department of Indian Affairs and Northern Development
   Les Terrasses de la Chaudière
   Room 1550, 25 Eddy Street
   Gatineau, Québec
   Postal Address: Ottawa, ON K1A 0H4
   

3. In relation to Activity 6 above, the NILCA Enrolment List should be sent to the following address in the Nunavut Government:

   Government of Nunavut
   P.O. Box 1000, Station 205
   Iqaluit, Nunavut
   X0A 0H0

PART 2: ESTABLISHMENT OF NUNAVIK MARINE REGION
WILDLIFE BOARD

PART 3: HARVESTING

PART 4: WILDLIFE MANAGEMENT AND HARVESTING IN MARINE AREAS BEYOND THE NUNAVIK MARINE REGION

PART 5: DECISIONS

PART 6: NMRWB: ADMINISTRATIVE PROCEDURES

Project: Nunavik Marine Region Wildlife Board

Nunavik Marine Region Wildlife Board

- Honoraria for Chairperson: $325 per day
- Honoraria for Members: $225 per day
- Wildlife Board Chairperson and Members costed on the basis of:
4 meetings per year of 3 days duration each
1 hearing per year of 2 days duration each
2 workshops per year of 2 days duration each
4 staff meetings per year; (chairperson and 2 Board members attend)
- Meeting room costs estimated at $500 per day for 3 meetings, 1 hearing, and 1 workshop (1 meeting
and 1 workshop to be held in NMRWB HQ offices);
- Salaries costed at mid-range of the associated classification for:
1 Executive Director (EX-01)
1 Finance/Admin. Officer (FI-03)
1 Wildlife Mgmt. Director (BI-04)
1 Wildlife Biologist (BI-03)
1 Regional Liaison Officer (BI-02)
1 Secretary/Receptionist (ST-02)
- Meal allowances and incidental expenses based on federal government 2005 travel directive rates
- Accommodations for persons on travel status average $230 per night, which reflects the cost of
accommodation in Salluit, Kuujjuaq and Inukjuak in 2005
- Recruitment and relocation costed at $40,000 for start-up and $5,000 per year thereafter
- Office costs based on equipment and supplies for 6 staff persons; $25,000 for start up
- Rent and insurance based on $4,000 per month for 5 separate offices and a common use area for
meetings, secretary/receptionist, etc.
- Office communications costs have been averaged at $500 per person (6) per month
- Computer equipment start-up costs are estimated at $25,000 and software licenses and upgrades are costed at $500 per person (6) per year thereafter
- Books and periodicals based on $250 per person per year
- Office furnishings costed at $35,000 start-up costs for the first year and $1,000 per year thereafter
- Audit and legal fees costed at $10,000 per year
- Public information and education costed at $10,000 per year
- Translation services costed at approx. $40,000 per year
- RNUK (Regional) and 15 LNUKs (Local) Hunters and Trappers Associations are costed at $170,00 and $975,000 respectively with $100,000 for an Annual General Meeting

PART 6: NMRWB: ADMINISTRATIVE PROCEDURES

PART 7: REGIONAL NUNAVIMMI UMAJUTVIJIIT KATAJUAQATIGININGA (RNUK) AND LOCAL NUNAVIMMI UMAJUTVIJIIT KATAJUAQATIGININGA (LNUK)

PROJECT: Suits on behalf of Nunavik Inuk - Sheet # 5 (7) - 3

RESPONSIBILITIES: Local Nunavimmi Umajutvijiit Katajuaqatigininga (LNUK); Nunavik Inuk member (Inuk member)

OBLIGATIONS ADDRESSED:

5.7.13 Where a right of action as a result of the provisions of this Article accrues to a Nunavik Inuk, the LNUK of which that Nunavik Inuk is a member may, with the consent of that Nunavik Inuk, sue on behalf of that Nunavik Inuk.

RELATED CLAUSES:

5.7.2 - Powers and functions of the LNUK
5.7.9 - Members subject to by-laws

FUNDING:

1. Funding to carry out the right of action is to be borne by the parties to the suit.

PART 8: INTERJURISDICTIONAL AND DOMESTIC INTERJURISDICTIONAL AGREEMENTS

PROJECT: Establishment of Nunavik Marine Region Planning Commission - Sheet # 6 - 1

RESPONSIBILITIES: Makivik Designated Organization; Canada - Minister of Indian Affairs and Northern Development (DIAND - Minister); Government of Nunavut - Minister responsible for Renewable Resources (GN - Minister); Nunavik Marine Region Planning Commission (NMRPC); Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM)

OBLIGATIONS ADDRESSED:

6.4.1 The NMRPC is hereby established as an institution of public government with the major responsibilities to:

1. establish broad planning policies, objectives and goals for the NMR in conjunction with Government;
2. develop, consistent with other provisions of this Article, land use plans that guide and direct resource use and development in the NMR; and
3. generally, fulfill the objectives of the Agreement in the manner described, and in accordance with the general principles mentioned in section 6.2.1, as well as such additional functions as may be agreed upon from time to time by Government and the MDO.

6.4.5 The size and makeup of the membership of the NMRPC may vary, but the Government of Canada and Territorial Government shall each recommend at least one (1) member and the MDO shall nominate a number of members equal to the total number recommended by Government. The NMRPC members shall be appointed by the Minister of Indian Affairs and Northern Development from the above-noted recommendations and nominations.

6.4.8 The MDO shall have the right to substitute from time to time alternates for its nominated members in order to ensure appropriate representation for the region for which planning is being conducted at any one time. Such alternates shall be appointed in a manner consistent with section 6.4.5.

6.4.10 From nominations provided by the members recommended and nominated pursuant to section 6.4.5, the Minister of Indian Affairs and Northern Development, in consultation with the Territorial Government Minister responsible for Renewable Resources, shall appoint a further member to act as a chairperson. A member of the NMRPC may be nominated as chairperson and another member appointed under section 6.4.5.

RELATED CLAUSES:

5.4.21 - NMRPC may participate in Nunavik Marine Region Council
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans 6.3.2 - purpose of land use plans
6.4.4 - role and responsibility of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.5.9 to 6.5.13 - implementation and monitoring of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.8.2 - land use planning process applies to Nunavik Inuit Lands
7.3.1 to 7.3.5 - relationship of land use plan to project screening
7.7.6 - NMRPC to coordinate with government in developing general monitoring plan
27.1.1 - reciprocal arrangements with Inuit of Nunavut in land use planning regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRPC
28.5 and 28.6 - Cree membership on NMRPC where decisions affect Joint Zone
28.7 - NMRPC jurisdiction not exercised in Cree Zone

FUNDING:

1. The costs of the NMRPC is the responsibility of Government. The NMRPC is to prepare an annual budget, subject to review and approval by Government. (6.4.3)
2. Funding for the Nunavik Marine Region Planning Commission is identified in Sheet # 6-2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. The head office of the NMRPC is to be in Nunavik. (6.4.2)
2. Members are to be appointed for a term of three (3) years. (6.4.9)
3. A member may be reappointed. (6.4.13)
4. Federal and territorial public servants cannot be appointed to the NMRPC. (6.4.6)
5. At least half of the membership of the NMRPC are to be residents of Nunavik. (6.4.7 )
6. Where a vacancy occurs, a replacement member may be nominated or recommended for the remainder of the term of the vacant member by the body nominating or recommending the member under sections 6.4.5 or 6.4.10. Upon receiving the recommendation or nomination the Minister shall appoint the replacement member. (6.4.12)
7. The chairperson or other member of NMRPC may be removed for cause. (6.4.11)
8. To initiate the start-up of the NMRPC, the DIAND Implementation Management Directorate may facilitate the calling of the first meeting where nominations for the position of Chairman will be made by members of the NMRPC. Thereafter meetings would be at the call of the Chairman.
9. As provided for under 6.4.5 of the NILCA, it is recognized that the size and makeup of the membership of the NMRPC may vary. However, the detailed cost and worksheet notes that have been prepared for the NMRPC, for the initial ten-year planning period, have assumed that membership of the NMRPC will consist of two members nominated by the MDO, one member recommended by the Government of Canada, and one member recommended by the Government of Nunavut, for a total of four members plus a chairperson. If additional members were to be added to the NMRPC during the planning period, the budget would have to be adjusted accordingly.
10. For budget estimate purposes it has been assumed that the Chairperson of the NMRPC will be from Nunavik.

PROJECT: Operation and administration of NMRPC - Sheet # 6 - 2

RESPONSIBILITIES: Nunavik Marine Region Planning Commission (NMRPC); Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM); federal and territorial government departments and agencies (departments and agencies)

PARTICIPANT/LIAISON: Nunavut Planning Commission; Canada - Minister of Indian Affairs and Northern Development; Government of Nunavut - Minister responsible for Renewable Resources; Makivik

OBLIGATIONS ADDRESSED:

6.4.4 Consistent with the Agreement, the NMRPC shall:

1. identify planning regions;
2. identify specific planning objectives, goals and variables that apply to planning regions and are consistent with the broader objectives and goals;
3. contribute to the development and review of Arctic marine policy;
4. disseminate information and data;
5. solicit opinions from municipalities, residents and others about planning objectives, goals and options of the region;
6. prepare and circulate draft land use plans;
7. promote public awareness and discussion and conduct public hearings and debate throughout the planning process;
8. recommend plans to the Ministers;
9. consider modifications requested by the Ministers in the event that a draft plan is rejected;
10. consider amendments to a land use plan in accordance with Part 6;
11. determine whether a project proposal is in conformity with a land use plan;
12. monitor projects to ensure that they are in conformity with land use plans; and
13. report annually to the Ministers and the MDO on the implementation of land use plans.

6.4.14 The chairperson and other members shall perform their duties in accordance with:

1. an oath following the form set out in Schedule 5-1, taken and subscribed before assuming office before an officer authorized by law to administer oaths;
2. rules relating to conflict of interest set out in applicable federal and territorial laws, provided that, where a matter before the NMRPC affects Nunavik Inuit in a general way, a member shall not be considered to have a conflict solely on the basis that the member is an Nunavik Inuk; and
3. the terms of the Agreement.

6.4.15 The NMRPC shall conduct its business in Canada's official languages as required by legislation or policy and, upon request of any member, also in Inuktitut.

6.4.16 The NMRPC shall, to the extent possible, adopt the same by-laws and rules as those of the Nunavut Planning Commission.

6.4.17 Subject to 6.4.16, the NMRPC may make by-laws and rules respecting:

1. the calling of meetings and sittings of the NMRPC;
2. the conduct of business at meetings of the NMRPC and the establishment of technical panels of the NMRPC;
3. the procedures for making submissions, representations and complaints to the NMRPC;
4. the procedures for collecting information and opinion, including the procedures for conducting formal and informal public hearings;
5. generally the manner of conducting the business of or before the NMRPC; and
6. the admissibility of evidence.

6.4.18 In conducting its hearings, the NMRPC shall:

1. at all times, give weighty consideration to the tradition of Nunavik Inuit oral communication and decision making; and
2. allow standing at all hearings to a MDO.

6.4.19 The NMRPC may, within its approved budget, engage and fix the remuneration of experts or persons having technical or special knowledge to assist the NMRPC.

6.4.20 Legislation may, subject to any matter contained in this Agreement, enable the NMRPC to coordinate the discharge of its powers, functions and duties with other similar institutions having jurisdiction over areas adjacent to the NMR.

6.4.21 The NMRPC shall make best efforts to coordinate the discharge of its powers, functions and duties with adjacent institutions.

27.6.4 The NMRWB, NMRPC and NMRIRB, in performing their functions in relation to islands and marine areas of the NMR traditionally used and occupied by the Inuit of Nunavut shall allow full standing to Nunavut Tunngavik Incorporated to make representations respecting the interests of the Inuit of Nunavut and shall take those representations into account.

RELATED CLAUSES:

5.2.4 - NMRWB wildlife management recommendations to be sent to NMRPC
5.4.21 - NMRPC may participate in Nunavik Marine Region Council
6.1.1 - definition of "land"
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans
6.3.2 - purpose of land use plans
6.3.3 - land use plans to contain an implementation strategy
6.4.1 to 6.4.3 - establishment of the NMRPC
6.4.4 - role and responsibility of NMRPC
6.4.5 to 6.4.13 - composition and appointment of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.5.9 to 6.5.13 - implementation and monitoring of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.7.1 to 6.7.4 - land use plans apply to municipalities, if created in the NMR
6.8.1 - land use plans to be consistent with Article 5 - Wildlife
6.8.2 - land use planning process applies to Nunavik Inuit Lands
6.9.1 - clean up of waste sites in the NMR to be co-ordinated with land use plan
7.3.1 to 7.3.5 - relationship of land use plan to project screening and review process
7.7.6 - NMRPC to coordinate with government in developing general monitoring plan
7.7.7 - delegation of NMRPC functions under 7.7.6
7.9.10 - copies of project certificates and approvals to be sent to NMRPC
11.2.1 - establishment of protected areas to be in conformity with land use plan
11.2.2 - plan not to apply within or amend boundaries of protected areas once established
11.5.2 - establishment of marine protected areas to be in conformity with land use plan
11.5.3 - plan not to apply within or amend boundaries of marine protected areas once established
27.1.1 - reciprocal arrangements with Inuit of Nunavut in land use planning regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRPC
28.5 and 28.6 - Cree membership on NMRPC where decisions affect Joint Zone
28.7 - NMRPC jurisdiction not exercised in Cree Zone

FUNDING:

1. Identified funding, Nunavik Marine Region Planning Commission (2005 constant dollars) :
   
   Year 1
   $599,540
   
   Year 2
   $468,290
   
   Year 3
   $468,290
   
   Year 4
   $468,290
   
   Year 5
   $468,290
   
   Year 6
   $468,290
   
   Year 7
   $468,290
   
   Year 8
   $468,290
   
   Year 9
   $468,290
   
   Year 10
   $468,290
2. The detailed cost and worksheet notes for the Nunavik Marine Region Planning Commission are attached for reference purposes. They were developed for the purpose of estimating the funding to be provided for the operation and administration of the NMRPC, and it is not intended that the commission shall be constrained to any particular line item.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. As provided for under 6.4.5 of the NILCA, it is recognized that the size and makeup of the membership of the NMRPC may vary. However, the detailed cost and worksheet notes that have been prepared for the NMRPC, for the initial ten-year planning period, have assumed that membership of the NMRPC will consist of two members nominated by the MDO, one member recommended by the Government of Canada, and one member recommended by the Government of Nunavut, for a total of four members plus a chairperson. If additional members were to be added to the NMRPC during the planning period, the budget would have to be adjusted accordingly.
2. It is also assumed that the Chairperson of the NMRPC will be from Nunavik (i.e., for budget estimate purposes).
3. As provided under 6.4.16 of the NILCA, it is assumed that the by-laws and rules of procedure for conducting business by the NMRPC will largely mirror those of the NPC with adjustments as appropriate to reflect the fact that it is a separate institution of public government.
4. It is assumed that the Nunavik Marine Region Impact Review Board (NMRIRB) shall share offices and administrative staff with the NMRPC. As well, as provided under 6.4.2 of the NILCA, it is assumed that the head office and administrative staff of the NMRPC will be located within Nunavik. This means that the offices of NMRPC and the NMRIRB will have to be co-located in a community in the Nunavik region and that secretariat and other administrative services will be shared between the two offices. The budgetary impacts related to the sharing of facilities and various administrative services are reflected in the detailed cost and worksheet notes that have been prepared for this Sheet and for Sheet # 7-2.
5. With regard to the preparation of an annual budget for the NMRPC, and the submission of the draft budget to Government for review and approval as provided for under 6.4.3 of the NILCA, it is expected that the draft budgets will be submitted 45 days prior to the beginning of a fiscal year.
6. The annual budget submissions should be sent to the following:
   
   Director
   Implementation Management Directorate
   Implementation Branch
   Claims and Indian Government
   Department of Indian Affairs and Northern Development
   Les Terrasses de la Chaudière
   Room 1550, 25 Eddy Street
   Hull, Québec
   Postal Address: Ottawa, ON K1A 0H4
7. For purposes of reporting annually, as specified under 6.4.4 (m) of the NILCA, the NMRPC shall provide a report within 90 days of the end of the fiscal year to: Makivik; Canada - Minister of Indian Affairs and Northern Development; and, the Government of Nunavut - Minister responsible for Renewable Resources.

COST WORKSHEET - NUNAVIK MARINE REGION PLANNING COMMISSION

Nunavik Marine Region Planning Commission

- Honoraria for Chairperson: $325 per day
- Honoraria for four (4) Members: $225 per day
- Commission meetings costed on the basis of 2 meetings per year of 2 days duration each, which will be devoted to regular business, and 2 meetings per year of 2 days duration for community consultations related to the land use planning process
- Honoraria for Chairperson includes 48 days for other Commission work in addition to the time necessary to prepare for and attend Commission meetings
- Meeting room costs estimated at $500 per day
- Salary for the Regional Planner (PM-5) position is costed at mid-range of the classification
- Salary and benefits for the Administrative Assistant (AS-4) position are shared 50/50 with the Nunavik Marine Region Impact Review Board (NMRIRB) and have been costed at mid-range of the classification for the position
- Operational travel costed on the basis of 2 trips per year within Nunavik and 2 trips per year to destinations outside Nunavik by the staff or Chairperson for purposes of liaison with either government officials or other institutions of public government (IPGs)
- Community consultations costed on the basis of 3 representatives per community to attend planning meetings and three communities represented, on average, at such community consultations
- Honoraria for community representatives: $150 per day
- Meal allowances and incidental expenses based on federal government travel directive rates
- Accommodations for persons on travel status averaged at $230 per night, which reflects the cost of accommodation in Salluit, Kuujjuaq and Inukjuak
- Office costs based on equipment and supplies for 3 people (2 staff plus Chairperson)
- Office costs are shared 50/50 with the Nunavik Marine Region Impact Review Board (NMRIRB)
- Rent based on $2,000 per month for 3 offices and a common use area
- Office communications costs have been averaged at $500 per person per month
- Computer equipment start-up costs are estimated at $20,000 and software licenses and upgrades are costed at $500 per person per year thereafter
- Books and periodicals based on $250 per person per year
- Office furnishings costed at $30,000 for first year and $500 thereafter
- Other O&M costs are not shared with the NMRIRB
- Translation fees and expenses for the NMRPC are based on 40 days of translation work at $450 per day that will be provided at Commission meetings, community consultations, and for the preparation of official Commission documents
- Geographic Information System and data acquisition costs estimated at $35,000 for first year and $5,000 thereafter
- Professional services costed at $75,000 per year

PROJECT: Development of a land use plan for the NMR - Sheet # 6 - 3

RESPONSIBILITIES: Nunavik Marine Region Planning Commission (NMRPC); Canada -
Minister of Indian Affairs and Northern Development (DIAND - Minister);
Government of Nunavut - Minister responsible for Renewable Resources (GN - Minister); Canada; Government of Nunavut (GN); federal and territorial government departments and agencies (departments and agencies)

PARTICIPANT/LIAISON: Nunavut Planning Commission; other similar adjacent institutions

OBLIGATIONS ADDRESSED:

6.3.3 A land use plan shall contain an implementation strategy.

6.5.1 A NMR land use plan shall be formulated by the NMRPC in accordance with section 6.5.4 to guide and direct short term and long term development in the NMR. Regional or sub-regional components of the land use plan shall be implemented where approved pursuant to section 6.5.9.

6.5.2 The first stage of the formulation of a land use plan, after such consultation as the NMRPC finds appropriate, shall be the preparation of a draft land use plan by the NMRPC.

6.5.3 The NMRPC shall prepare a draft land use plan in accordance with section 6.5.4 and, upon completion, shall make the draft land use plan public and solicit written and oral comments from all appropriate federal and territorial government agencies, MDOs, communities and the general public.

6.5.4 The NMRPC shall:

1. conduct public hearings on the draft plans;
2. evaluate the draft plans in light of representations made at the public hearings; and
3. as appropriate, revise the draft plans.

6.5.5 Upon completion of the process in section 6.5.4, the NMRPC shall submit the draft plan as revised along with a written report of the public hearings to the Minister of Indian Affairs and Northern Development [and the Territorial Government Minister responsible for Renewable Resources]. The NMRPC shall also make the revised draft land use plan public.

6.5.6 Upon receipt of the revised draft land use plans, the Minister[s jointly] shall, as soon as practicable:

1. accept the plan; or
2. refer it back to the NMRPC for reconsideration accompanied by written reasons; the NMRPC may make the reasons of the Minister[s] public.

6.5.7 The NMRPC shall reconsider the plan in light of written reasons and shall resubmit the plan to the Minister[s] for final consideration.

6.5.8 Upon accepting a plan, the Minister of Indian Affairs and Northern Development shall seek Cabinet approval and commitment, [and the Territorial Government Minister responsible for Renewable Resources shall seek approval and commitment of the Executive Council].

RELATED CLAUSES:

5.2.4 - NMRWB wildlife management recommendations to be sent to NMRPC
5.4.21- NMRPC may participate in Nunavik Marine Region Council
6.1.1 - definition of "land"
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans
6.3.2 - purpose of land use plans
6.4.1 to 6.4.3 - establishment of the NMRPC
6.4.4 - role and responsibility of NMRPC
6.4.5 to 6.4.13 - composition and appointment of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.9 to 6.5.13 and 7.9.10 - implementation and monitoring of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.7.1 to 6.7.4 - land use plans apply to municipalities, if created in the NMR
6.8.1 - land use plans to be consistent with Article 5 - Wildlife
6.8.2 - land use planning process applies to Nunavik Inuit Lands
6.9.1 - clean up of waste sites in the NMR to be co-ordinated with land use plan
7.3.1 to 7.3.5 - relationship of land use plan to project screening and review process
7.7.6 - NMRPC to coordinate with government in developing general monitoring plan
7.7.6 - delegation of NMRPC functions under 7.7.6
11.2.1 - establishment of protected areas to be in conformity with land use plan
11.2.2 - plan not to apply within or amend boundaries of protected areas once established
11.5.2 - establishment of marine protected areas to be in conformity with land use plan
11.5.3 - plan not to apply within or amend boundaries of marine protected areas once established
27.1.1 - reciprocal arrangements with Inuit of Nunavut in land use planning regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRPC
28.5 and 28.6 - Cree membership on NMRPC where decisions affect Joint Zone
28.7 - NMRPC jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the development of the draft land use plan and for public hearings and other expenses in this regard are included in the budget for the operation and administration of the NMRPC as set out in Sheet # 6-2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. There will be one land use plan for the entire Nunavik Marine Region and this plan will be similar in format to the various regional land use plans that are being developed and implemented in relation to the other regions of Nunavut.
2. Land use planning activities of the NMRPC will need to be coordinated with the Nunavut Planning Commission and with the land use planning activities of other similar institutions having jurisdiction over areas adjacent to the NMR (i.e, for the Kativik region, the James Bay Cree communities, and Labrador).
3. Community consultations and public hearings will take place during all of the major stages of the regional land use planning process. The funding to be provided to the NMRPC, as shown in Sheet # 6- 2, includes funding for two community consultations per year over the initial ten-year planning period.

PROJECT: Implementation and monitoring of the land use plan - Sheet # 6 - 4

RESPONSIBILITIES: Nunavik Marine Region Planning Commission (NMRPC); Project Proponents; Canada - Minister of Indian Affairs and Northern Development (DIAND - Minister); Government of Nunavut - Minister responsible for Renewable Resources (GN - Minister) ; Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM)

PARTICIPANT/LIAISON: Federal and territorial agencies responsible for issuing land use permits

OBLIGATIONS ADDRESSED:

6.5.9 Upon approval by Cabinet [and the Executive Council], the plan shall be implemented on the basis of jurisdictional responsibility. All federal [and territorial government] departments and agencies shall conduct their activities and operations in accordance with the plan as approved.

6.5.10 The NMRPC shall review all applications for project proposals. Upon receipt and review of a project proposal, the NMRPC or members thereof or officers reporting to the NMRPC shall:

1. determine whether the project proposals are in conformity with plans; and
2. forward the project proposals with its determination and any recommendations to the appropriate federal [and territorial] agencies.
   
   The land use plan may make provision for the NMRPC to approve minor variances.

6.5.11 Where the NMRPC has determined that a project proposal is not in conformity with the plan, the proponent may apply to the appropriate Minister for exemption. The Minister may exempt the project proposal from conformity with the plan and shall, subject to sections 7.3.2 and 7.3.3, refer it to NMRIRB for screening. Nonconforming project proposals shall not be sent to NMRIRB until such exemption is obtained or a variance has been approved.

6.5.12 Where the appropriate Minister exempts a project proposal, the Minister shall supply the NMRPC with written reasons and such reasons shall be made public.

6.5.13 Sections 6.5.10 to 6.5.12 shall apply where a land use plan has been approved pursuant to section 6.5.9.

7.3.1 Where the NMRPC determines, pursuant to section 6.5.10, that a project proposal is in conformity with the land use plans, or a variance has been approved, the NMRPC shall, subject to sections

7.3.2, 7.3.3 and 7.4.3, forward the project proposal with its determination and recommendations to NMRIRB for screening.

7.3.2 Project proposals falling within Schedule 7-1 shall be exempt from the requirement for screening by NMRIRB. The NMRPC shall not forward such project proposals to NMRIRB.

7.3.3 Notwithstanding section 7.3.2, the NMRPC may refer a project proposal falling within Schedule 7-1 to NMRIRB for screening, where the NMRPC has concerns respecting the cumulative impact of that project proposal in relation to other development activities in a planning region.

7.3.4 NMRIRB shall not screen project proposals that are not in conformity with land use plans, unless an exemption has been received under 6.5.11 or a variance has been approved under section 6.5.10.

7.3.5 Sections 7.3.1 to 7.3.4 shall apply where a land use plan has been approved pursuant to section 6.5.9. In the absence of an approved land use plan, all project proposals other than those that fall within Schedule 7-1 shall be referred directly to NMRIRB for screening.

RELATED CLAUSES:

5.2.4 - NMRWB wildlife management recommendations to be sent to NMRPC
5.4.21 - NMRPC may participate in Nunavik Marine Region Council
6.1.1 - definition of "land"
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans
6.3.2 - purpose of land use plans
6.3.3 - land use plans to contain an implementation strategy
6.4.1 to 6.4.3 - establishment of the NMRPC
6.4.4 - role and responsibility of NMRPC
6.4.5 to 6.4.13 - composition and appointment of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.7.1 to 6.7.4 - land use plans apply to municipalities, if created in the NMR
6.8.1 - land use plans to be consistent with Article 5 - Wildlife
6.8.2 - land use planning process applies to Nunavik Inuit Lands
6.9.1 - clean up of waste sites in the NMR to be co-ordinated with land use plan
7.7.6 - NMRPC to coordinate with government in developing general monitoring plan
7.7.6 - delegation of NMRPC functions under 7.7.6
7.9.10 - copies of project certificates and approvals to be sent to NMRPC
11.2.1 - establishment of protected areas to be in conformity with land use plan
11.2.2 - plan not to apply within or amend boundaries of protected areas once established
11.5.2 - establishment of marine protected areas to be in conformity with land use plan
11.5.3 - plan not to apply within or amend boundaries of marine protected areas once established
27.1.1 - reciprocal arrangements with Inuit of Nunavut in land use planning regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRPC
28.5 and 28.6 - Cree membership on NMRPC where decisions affect Joint Zone
28.7 - NMRPC jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the implementation and monitoring of the NMR land use plan is included in the budget for the operation and administration of the NMRPC as set out in Sheet # 6-2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. Coordination between the land use planning activities of the NMRPC and the project proposal screening and review activities of the Nunavut Marine Region Impact Review Board (NMRIRB) will help to be ensured by the proposal for the sharing of offices and administrative staff between these two institutions of public government as provided for in Sheet # 6-2.
2. Land use planning activities of the NMRPC and the project proposal screening and review activities of the NMRIRB will need to be coordinated with the Nunavut Planning Commission or with institutions having similar jurisdiction over areas adjacent to the NMR (i.e, for the Kativik region, the Eeyou Marine Region, and Labrador) where project proposals have transboundary implications or where projects have impacts in areas of joint use and occupancy.

PROJECT: Amendment and periodic review of land use plan - Sheet # 6 - 5

RESPONSIBILITIES: Canada; GN; MDO; person affected by the NMR land use plan (person affected); Nunavik Marine Region Planning Commission (NMRPC); Canada - Minister of Indian Affairs and Northern Development (DIAND - Minister); Government of Nunavut - Minister responsible for Renewable Resources (GN - Minister); Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (IM)

PARTICIPANT/LIAISON: Nunavut Planning Commission (NPC) and other similar adjacent institutions

OBLIGATIONS ADDRESSED:

6.6.1 Government, a MDO, or any person affected by a plan, may propose amendments to the plan to the NMRPC.

6.6.2 The NMRPC shall consider a proposed amendment and, if it deems a review appropriate, review the proposal publicly.

6.6.3 Upon completion of the process in section 6.6.2, the NMRPC shall recommend to the Minister of Indian Affairs and Northern Development and the Territorial Government Minister responsible for Renewable Resources that:

1. the proposed amendment be rejected in whole or in part; or
2. the proposed amendment be accepted, in whole or in part.
   6.6.4 If the Ministers rejects the recommendations of the NMRPC, sections 6.5.6 and 6.5.7 shall apply mutatis mutandis.

6.6.4 If the Ministers rejects the recommendations of the NMRPC, sections 6.5.6 and 6.5.7 shall apply mutatis mutandis.

6.6.5 An amendment to a plan shall be effective when approved by the Ministers.

RELATED CLAUSES:

5.2.4 - NMRWB wildlife management recommendations to be sent to NMRPC
5.4.21- NMRPC may participate in Nunavik Marine Region Council
6.1.1 - definition of "land"
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans
6.3.2 - purpose of land use plans
6.4.1 to 6.4.3 - establishment of the NMRPC
6.4.4 - role and responsibility of NMRPC
6.4.5 to 6.4.13 - composition and appointment of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.5.9 to 6.5.13 and 7.9.10 - implementation and monitoring of land use plans
6.7.1 to 6.7.4 - land use plans apply to municipalities, if created in the NMR
6.8.1 - land use plans to be consistent with Article 5 - Wildlife
6.8.2 - land use planning process applies to Nunavik Inuit Lands
6.9.1 - clean up of waste sites in the NMR to be co-ordinated with land use plan
7.3.1 to 7.3.5 - relationship of land use plan to project screening and review process
7.7.6 - NMRPC to coordinate with government in developing general monitoring plan
7.7.6 - delegation of NMRPC functions under 7.7.6
11.2.1 - establishment of protected areas to be in conformity with land use plan
11.2.2 - plan not to apply within or amend boundaries of protected areas once established
11.5.2 - establishment of marine protected areas to be in conformity with land use plan
11.5.3 - plan not to apply within or amend boundaries of marine protected areas once established
27.1.1 - reciprocal arrangements with Inuit of Nunavut in land use planning regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRPC
28.5 and 28.6 - Cree membership on NMRPC where decisions affect Joint Zone
28.7 - NMRPC jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the amendment and periodic review of the NMR land use plan is included in the budget for the operation and administration of the NMRPC as set out in Sheet # 6-2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. There will continue to be one land use plan for the entire Nunavik Marine Region in the future and this plan will continue to be similar in format to the various regional land use plans that are being developed and implemented in relation to the other regions of the Nunavut Settlement Area.
2. The land use planning activities of the NMRPC will need to be coordinated with the Nunavut Planning Commission and possibly with other similar institutions having jurisdiction over areas adjacent to the NMR (i.e. for the Kativik region, the Eeyou Marine Region, and Labrador) not only with regard to the on-going implementation of the NMR land use plan, but also in relation to the amendment and periodic review of NMR land use plan.

PROJECT: Clean-up of waste sites in the NMR - Sheet # 6 - 6

RESPONSIBILITIES: Nunavik Marine Region Planning Commission (NMRPC); Canada -
Minister of Indian Affairs and Northern Development (DIAND - Minister);
Government of Nunavut - Minister responsible for Renewable Resources
(GN - Minister); Canada; Government of Nunavut (GN)

PARTICIPANT/LIAISON: Canada - Department of Indian Affairs and Northern Development - Implementation Management; Canada - Environment Canada

OBLIGATIONS ADDRESSED:

6.9.1 The NMRPC shall identify and priorize the requirement to clean-up waste sites in NMR, including hazardous waste sites and inactive mining sites. To the extent possible, this initiative shall be co-ordinated with the development of land use plans.

RELATED CLAUSES:

6.1.1 - definition of "land"
6.1.2 - government departments and agencies to implement land use plans
6.1.3 - Article applies to land and marine areas within NMR
6.2.1 - principles to guide development of planning policies
6.2.2 - objectives of planning process
6.2.3 - factors to be taken into account
6.3.1 - required contents of land use plans
6.3.2 - purpose of land use plans
6.3.3 - land use plans to contain an implementation strategy
6.4.1 to 6.4.3 - establishment of the NMRPC
6.4.4 - role and responsibility of NMRPC
6.4.5 to 6.4.13 - composition and appointment of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.5.9 to 6.5.13 - implementation and monitoring of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.8.2 - land use planning process applies to Nunavik Inuit Lands

FUNDING:

1. Funding for identifying and prioritizing the requirement to clean-up waste sites in the NMR is included in the budget for the operation and administration of the NMRPC as set out in Sheet # 6-2.
2. The cost of undertaking clean-up projects for any identified hazardous and non-hazardous waste sites and inactive mine sites in the NMR shall be borne by the responsible parties.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. Land use planning activities of the NMRPC will need to be coordinated with the Nunavut Planning Commission and possibly with other similar institutions having jurisdiction over areas adjacent to the NMR (i.e, for the Kativik region, the Eeyou Marine Region, and Labrador) not only with regard to the on-going implementation of the NMR land use plan, but also in relation to the identification and prioritization of waste sites and any related clean-up activities .

PROJECT: Establishment of Nunavik Marine Region Impact Review Board - Sheet # 7 - 1

RESPONSIBILITIES: Makivik; Minister of the Government of Canada (Canada - Minister);
Minister of Indian Affairs and Northern Development (DIAND - Minister);
Government of Nunavut - Minister responsible for Renewable Resources
(GN - Minister); Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM);
Nunavik Marine Region Impact Review Board (NMRIRB)

OBLIGATIONS ADDRESSED:

7.2.1 A Nunavik Marine Region Impact Review Board (NMRIRB) is hereby established as an institution of public government. Responsibility for the operation of NMRIRB shall vest in the members of NMRIRB.

7.2.2 The primary functions of NMRIRB shall be:

1. to screen project proposals in order to determine whether or not a review is required;
   
2. to gauge and define the extent of the regional impacts of a project, such definition to be taken into account by the Minister in making his or her determination as to the regional interest;
   
3. to review the ecosystemic and socio-economic impacts of project proposals;
   
4. to determine, on the basis of its review, whether project proposals should proceed, and if so, under what terms and conditions, and then report its determination to the Minister; in
   addition, NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister; and
   
5. to monitor projects in accordance with the provisions of Part 7.

7.2.3 The mandate of NMRIRB shall not include the establishment of requirements for socio-economic benefits.

7.2.4 NMRIRB shall carry out such other functions as are identified or contemplated in the Agreement, and such additional functions as may be agreed to from time to time by a MDO and the Government of Canada or Territorial Government or as may be set out in legislation.

7.2.5 In carrying out its functions, the primary objectives of NMRIRB shall be at all times to protect and promote the existing and future well-being of the persons and communities resident in or using the NMR, and to protect the ecosystemic integrity of the NMR. NMRIRB shall take into account the well-being of residents of Canada outside the NMR.

7.2.6 NMRIRB shall be a board composed of five (5) members, one (1) of whom shall be the chairperson. The members shall be appointed as follows:

1. two (2) members shall be appointed by the federal Minister responsible for Northern Affairs, upon nomination by the MDO;
2. one (1) member shall be appointed by a Minister of the Government of Canada;
   
3. one (1) member shall be appointed by the Minister of the Territorial Government responsible for Renewable Resources;
   
4. from nominations agreed to and provided by persons appointed under (a) and (b) the chairperson shall be appointed by the federal Minister responsible for Northern Affairs in consultation with the Territorial Government;
   
5. in the nomination and appointment of a chairperson, preference shall be given to persons resident in Nunavik where candidates are equally qualified.

7.2.7 In the initial appointment of NMRIRB members, one (1) member under paragraph 7.2.6(a) and one (1) member under paragraph 7.2.6(b) shall be appointed for three (3) years, and the other members under paragraphs 7.2.6(a) and (b) shall be appointed for four (4) years. Thereafter, all appointments shall be for a term of three (3) years, except that any member appointed to replace any member whose term has not expired shall be appointed for the balance of the term of his or her predecessor.

7.2.8 The chairperson shall be appointed for a three (3)-year term.

7.2.9 Members of NMRIRB may be removed from office at any time for cause.

7.2.10 Where a vacancy occurs, a replacement member may be nominated and appointed pursuant to the provisions of section 7.2.6 for the remainder of the term of the former member.

7.2.11 Members of NMRIRB may be reappointed.

7.2.12 Members of NMRIRB shall perform their duties in accordance with:

1. an oath following the form set out in Schedule 5-1, taken and subscribed before assuming office, before an officer authorized by law to administer oaths;
2. relevant laws relating to conflict of interest, provided that no board member who is a Nunavik Inuk shall be considered biased solely because the member is a Nunavik Inuk; and
3. the terms of the Agreement.

7.2.13 Additional members may be appointed from time to time in the same manner and ratio as set out in paragraphs 7.2.6(a) and (b). Such members may be appointed for a specific purpose, or for a term not exceeding three (3) years.

7.2.14 Legislation may authorize NMRIRB to constitute itself into panels consisting of two (2) or more NMRIRB members. Such panels shall be composed of an equal number of Government and MDO nominees. Legislation may authorize the NMRIRB to delegate to a panel all or any powers of the NMRIRB, including the right to hold hearings.

RELATED CLAUSES:

5.4.21 - NMRIRB may participate in Nunavik Marine Region Council
6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
7.12.4 to 7.12.5 - limitations
7.12.6 - no statutory defence
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

Funding for the Nunavik Marine Region Impact Review Board is identified in Sheet # 7-2.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. To initiate the start-up of the NMRPC, the DIAND Implementation Management Directorate may facilitate the calling of the first meeting where nominations for the position of Chairman will be made by members of the NMRPC. Thereafter meetings would be at the call of the Chairman.
2. The budget estimate has assumed that the Chairperson of the NMRPC will be from or reside in Nunavik.

PROJECT: Operation and administration of NMRIRB - # 7 - 2

RESPONSIBILITIES: Nunavik Marine Region Impact Review Board (NMRIRB); Canada -
Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM); federal and territorial government departments and agencies

PARTICIPANT/LIAISON: Nunavut Impact Review Board; Canada - Minister of Indian Affairs and Northern Development; and Government of Nunavut - Minister responsible for Renewable Resources

OBLIGATIONS ADDRESSED:

Head Office, Meetings

7.2.15 The head office of NMRIRB shall be in Nunavik.

7.2.16 NMRIRB shall, whenever practicable, meet in Nunavik.

7.2.17 NMRIRB shall conduct its business in Canada's official languages as required by legislation or policy and, upon request by any member, also in Inuktitut.

7.2.18 The chairperson shall convene a meeting of NMRIRB within 21 days of receipt, from any three (3) members, of a written request indicating the purpose of such meetings.

7.2.19 All decisions of NMRIRB shall be decided by a majority of the votes cast.

7.2.20 Each member other than the chairperson shall have one (1) vote on any matter requiring a decision of NMRIRB. If there is a tie vote, the chairperson shall vote on the matter.

7.2.21 Three (3) members of NMRIRB shall comprise a quorum.

7.2.22 Vacancies in NMRIRB shall not impair the right of the remainder to act.

7.2.23 The NMRIRB shall, to the extent possible, adopt the same by-laws and rules as those of the NIRB.

7.2.24 Subject to section 7.2.23, the NMRIRB, after due consultation, may make and shall publish its by-laws and rules of procedure respecting:

1. the calling of meetings of NMRIRB;
2. the conduct of business at meetings of NMRIRB including the requirements with respect to physical presence and the use of tele-conferencing or like facilities;
3. the establishment of special and standing committees of NMRIRB, and the fing of quorums for meetings thereof;
4. the carrying on of the work of NMRIRB, the management of its internal affairs, and the duties of its officers and employees;
5. the procedures for making representations and complaints to NMRIRB;
6. the procedures and guidelines for collecting information and opinions;
7. the procedures to be used and the admission of evidence at public hearings
   before NMRIRB or NMRIRB panels;
8. the establishment of standard guidelines for preparation of impact statements; and
   (I) generally, the manner of conducting any business of or before NMRIRB.
9. generally, the manner of conducting any business of or before NMRIRB.

Co-ordination with Adjacent Institutions

7.2.25 Legislation may, subject to any matter contained in this Agreement, enable the NMRIRB to coordinate the discharge of its powers, functions or and duties with other similar institutions having jurisdiction over areas adjacent to the NMR.

7.2.26 The NMRIRB shall make best efforts to coordinate the discharge of its powers, functions and duties with adjacent institutions.

7.2.27 In designing its by-laws and rules of procedure for the conduct of public hearings, NMRIRB shall:

1. to the extent consistent with the broad application of the principles of natural justice and procedural fairness, emphasize flexibility and informality, and, specifically
   1. allow, where appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence, and
   2. give due regard and weight to the tradition of Nunavik Inuit oral communication and decision-making; and
2. with respect to any classification of intervenors, allow full standing to a MDO.

7.2.28 NMRIRB shall have the power to subpoena witnesses, documents and things in carrying out its responsibilities.

7.2.29 NMRIRB shall conduct its public hearings in Canada's official languages as required by legislation or policy, and, upon request of any member, applicant or intervenor, also in Inuktitut

7.2.30 All necessary steps shall be taken by way of notice, dissemination of information, and scheduling and location of hearings to provide and promote public awareness of and participation at hearings.

7.2.31 The officers and employees necessary for the proper conduct of NMRIRB, including experts or persons having technical knowledge, may be appointed, and shall be remunerated by NMRIRB recognizing that secondment of government staff may be appropriate in certain cases.

7.2.32 Such officers and employees shall be responsible to, and under the direction and control of NMRIRB.

7.2.33 All officers and employees of NMRIRB shall conform to the same rules respecting conflict of interest as members of NMRIRB.

7.2.33 The costs of NMRIRB shall be the responsibility of Government. NMRIRB shall prepare an annual budget subject to review and approval by Government.

RELATED CLAUSES:

5.4.21 - NMRIRB may participate in Nunavik Marine Region Council
6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
7.12.4 to 7.12.5 - limitations
7.12.6 - no statutory defence
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. Identified funding, Nunavik Marine Region Impact Review Board (2005 constant dollars) :
   
   Year 1
   $359,336
   
   Year 2
   $323,086
   
   Year 3
   $323,086
   
   Year 4
   $323,086
   
   Year 5
   $323,086
   
   Year 6
   $323,086
   
   Year 7
   $323,086
   
   Year 8
   $323,086
   
   Year 9
   $323,086
   
   Year 10
   $323,086
2. The detailed cost and worksheet notes for the Nunavik Marine Region Impact Review Board are attached for reference purposes. They were developed for the purpose of estimating the funding to be provided for the operation and administration of the NMRPC, and it is not intended that the board shall be constrained to any particular line item. The costs of NMRIRB shall be the responsibility of Government.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. It is assumed that the chairperson of the NMRIRB will be from Nunavik (i.e., for budget estimate purposes).
2. It is assumed that the by-laws and rules of procedure for conducting the business of the NMRIRB will largely mirror those of the NIRB with adjustments as appropriate to reflect the fact that it is a separate institution of public government.
3. It is assumed that the NMRIRB shall share offices and administrative staff with the Nunavik Marine Region Planning Commission. As well, as provided under 7.2.15 of the NILCA, it is assumed that the head office and administrative staff of the NMRIRB will be located within Nunavik. This means that the offices of NMRPC and the NMRIRB will have to be co-located in a community in the Nunavik region and that secretariat and other administrative services will be shared between the two offices. The budgetary impacts related to the sharing of facilities and various administrative services are reflected in the detailed cost and worksheet notes prepared for this Sheet and for Sheet # 6-2.
4. With regard to the preparation of an annual budget for the NMRIRB, and the submission of the draft budget to Government for review and approval as provided for under 7.2.33 of the NILCA, it is expected that the draft budgets will be submitted 45 days prior to the beginning of a fiscal year.
5. Annual budget submissions should be sent by the NMRIRB to the following:
   Director
   Implementation Management Directorate
   Implementation Branch
   Claims and Indian Government
   Department of Indian Affairs and Northern Development
   Les Terrasses de la Chaudière
   Room 1550, 25 Eddy Street
   Hull, Québec
   Postal Address: Ottawa, ON K1A 0H4

COST WORKSHEET NOTES

Nunavik Marine Region Impact Review Board

- Honoraria for Chairperson: $500 per day
- Honoraria for Members: $375 per day
- Board meetings costed on the basis of 2 meetings per year of 2 days duration each, which will be devoted to regular business, and 1 meeting per year of 2 days duration for public information tours and policy workshops
- Honoraria for Chairperson includes 32 days for other Board work in addition to the time necessary to prepare for and attend Board meetings
- Project screening costs estimated on the basis of five projects per year being screened by Board members at a per diem rate of $100 for each screening
- Board meeting room costs estimated at $500 per day
- Salary and benefits for the Administrative Assistant (AS-4) position are shared 50/50 with the Nunavik Marine Region Planning Commission (NMRPC) and have been costed at mid-range of the classification for the position
- Operational travel costed on the basis of 2 trips per year within Nunavik and 2 trips per year to destinations outside Nunavik by either the staff or Chairperson of the NMRIRB for purposes of liaison with either government officials or other institutions of public government (IPGs)
- Public information tours and policy workshops include funding for up to ten invited participants for whom travel expenses will be paid, but not honoraria, as they will be expected to represent their employer or various types of stakeholder interests
- Meal allowances and incidental expenses based on federal government travel directive rates
- Accommodations for persons on travel status averaged at $230 per night, which reflects the cost of accommodation in Salluit, Kuujjuaq and Inukjuak
- Office costs based on equipment and supplies for 3 people (2 staff plus Chairperson)
- Office costs are shared 50/50 with the Nunavik Marine Region Planning Commission (NMRPC)
- Rent based on $2,000 per month for 3 offices and a common use area
- Office communications costs have been averaged at $500 per person per month
- Computer equipment start-up costs are estimated at $20,000 and software licenses and upgrades are costed at $500 per person per year thereafter
- Books and periodicals based on $250 per person per year
- Office furnishings costed at $30,000 for first year and $1,000 thereafter
- Other O&M costs are not shared with the NMRPC
- Translation fees and expenses for the NMRIRB are based on 20 days of translation work at $450 per day that will be provided at Board meetings, public information tours and policy workshops, and for the preparation of official NMRIRB documents
- Costs of conference calls (e.g., for screening of projects) and mailings estimated at $20,000 per year
- Professional services costed at $75,000 per year

PROJECT: Screening of project proposals - Sheet # 7 - 3

RESPONSIBILITIES: Nunavik Marine Region Planning Commission (NMRPC); Nunavik Marine Region Impact Review Board (NMRIRB); federal and territorial government departments and agencies; Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM); Federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed (Minister)

PARTICIPANT/LIAISON: Development project proponents

OBLIGATIONS ADDRESSED:

7.3.1 Where the NMRPC determines, pursuant to section 6.5.10, that a project proposal is in conformity with the land use plans, or a variance has been approved, the NMRPC shall, subject to sections 7.3.2, 7.3.3 and 7.4.3, forward the project proposal with its determination and recommendations to NMRIRB for screening.

7.3.2 Project proposals falling within Schedule 7-1 shall be exempt from the requirement for screening by NMRIRB. The NMRPC shall not forward such project proposals to NMRIRB.

7.3.3 Notwithstanding section 7.3.2, the NMRPC may refer a project proposal falling within Schedule 7-1 to NMRIRB for screening, where the NMRPC has concerns respecting the cumulative impact of that project proposal in relation to other development activities in a planning region.

7.3.4 NMRIRB shall not screen project proposals that are not in conformity with land use plans, unless an exemption has been received under 6.5.11 or a variance has been approved under section 6.5.10.

7.3.5 Sections 7.3.1 to 7.3.4 shall apply where a land use plan has been approved pursuant to section 6.5.9. In the absence of an approved land use plan, all project proposals other than those that fall within Schedule 7-1 shall be referred directly to NMRIRB for screening.

7.4.1 Upon receipt of a project proposal, NMRIRB shall screen the proposal to determine whether it has significant impact potential, and therefore whether it requires review under Part 5 or 6.

7.4.2 In screening a project proposal, NMRIRB shall be guided by the following principles:

1. NMRIRB generally shall determine that such a review is required when, in its judgement,
   1. the project may have significant adverse effects on the ecosystem, wildlife habitat or Nunavik Inuit harvesting activities,
   2. the project may have significant adverse socio-economic effects on northerners,
   3. the project will cause significant public concern, or
   4. the project involves technological innovations for which the effects are unknown;
2. NMRIRB generally shall determine that such a review is not required when, in its judgement, the project is unlikely to arouse significant public concern and
   1. the adverse ecosystemic and socio-economic effects are not likely to be significant, or
   2. the project is of a type where the potential adverse effects are highly predictable and mitigable with known technology; and
3. in determining whether a review is required or not NMRIRB shall give greater weight to the provisions of paragraph 7.4.2(a).

7.4.3 Any application for a component or activity of a project proposal that has been permitted to proceed in accordance with these provisions shall be exempt from the requirement for screening by NMRIRB unless:

1. such component or activity was not part of the original proposal; or
2. its inclusion would significantly modify the project.

7.4.4 Upon receipt of a project proposal, NMRIRB shall screen the proposal and indicate to the Minister in writing that:

1. the proposal may be processed without a review under Part 5 or 6; NMRIRB may recommend specific terms and conditions to be attached to any approval, reflecting the primary objectives set out in section 7.2.5;
2. the proposal requires review under Part 5 or 6; NMRIRB shall identify particular issues or concerns which should be considered in such a review;
3. the proposal is insufficiently developed to permit proper screening, and should be returned to the proponent for clarification; or
4. the potential adverse impacts of the proposal are so unacceptable that it should be modified or abandoned.

7.4.5 NMRIRB shall carry out its responsibilities under section 7.4.4:

1. where there is a legal requirement for a licensing authority to make a decision within a certain time period, within a time period that would allow the licensing authority to conform with that requirement;
2. with the approval of the Minister, within a time period exceeding 45 days; or
3. in any other situation, within 45 days.

7.4.6 Where NMRIRB indicates to the Minister that a proposal may be processed without review, the proposal shall be processed under relevant legislation, unless the Minister decides to refer it for such a review.

7.4.7 Where NMRIRB indicates to the Minister that a proposal requires review, the Minister shall:

1. where required, by law or otherwise, refer the proposal to the Minister of the Environment for review by a federal environmental assessment panel; such review shall include both socio-economic and ecosystemic impacts;
2. where a proposal is not to be reviewed by a federal environmental assessment panel, refer the proposal to NMRIRB for a review of the ecosystemic and socio-economic impacts in the NMR; or
3. where the proposal is not in the national or regional interest, inform the proponent that the proposal should be abandoned or modified and resubmitted to NMRIRB to be dealt with in accordance with section 7.4.4.

7.4.8 Where NMRIRB indicates to the Minister that a proposal should be returned to the proponent for clarification, the Minister shall return the proposal to the proponent for clarification and resubmission to NMRIRB to be dealt with in accordance with paragraphs 7.4.4(a), (b) or (d).

7.4.9 Where NMRIRB indicates to the Minister that a proposal should be modified or abandoned, the Minister, after consultation with NMRIRB, shall:

1. return the proposal to the proponent for modification and resubmission to NMRIRB to be dealt with in accordance with section 7.4.4;
2. where it appears to be in the national or regional interest that a proposal be reviewed, refer the proposal for review as provided in paragraphs 7.4.7(a) or (b) accompanied by written reasons for that decision; or
3. inform the proponent that the project should be abandoned.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the screening of project proposals by the NMRIRB is included in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2.

PROJECT: Review of project proposals by the NMRIRB - Sheet # 7 - 4

RESPONSIBILITIES: Federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed (Minister); Nunavik Marine Region Impact Review Board (NMRIRB); Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM); Government of Nunavut

PARTICIPANT/LIAISON: Development project proponent

OBLIGATIONS ADDRESSED:

7.5.1 In sending a proposal for review, the Minister may identify particular issues or concerns which NMRIRB shall consider in such a review. This shall not limit NMRIRB from reviewing any matter within its mandate.

7.5.2 When a project proposal has been referred to NMRIRB by the Minister for review, NMRIRB shall, upon soliciting any advice it considers appropriate, issue guidelines to the proponent for the preparation of an impact statement. It is the responsibility of the proponent to prepare an impact statement in accordance with any guidelines established by NMRIRB. Where the original project proposal submitted by the proponent for screening contains the information required for an impact statement, NMRIRB may accept the original project proposal instead of requiring the preparation of an impact statement. Where appropriate, an impact statement shall contain information with respect to the following:

1. project description, including the purpose and need for the project;
2. anticipated ecosystemic and socio-economic impacts of the project;
3. anticipated effects of the environment on the project;
4. steps which the proponent proposes to take including any contingency plans, to avoid and mitigate adverse impacts;
5. steps which the proponent proposes to take to optimize benefits of the project, with specific consideration being given to expressed community and regional preferences as to benefits;
6. steps which the proponent proposes to take to compensate interests adversely affected by the project;
7. the monitoring program that the proponent proposes to establish with respect to ecosystemic and socio-economic impacts;
8. the interests in lands and waters which the proponent has secured, or seeks to secure;
9. options for implementing the proposal; and
10. any other matters that NMRIRB considers relevant.

7.5.3 NMRIRB may conduct its review by means of correspondence, public hearings or such other procedures as it deems appropriate to the nature of the project and range of impacts.

7.5.4 The Minister may propose priorities and reasonable time frames for completion of the reviews.

7.5.5 NMRIRB shall, when reviewing any project proposal, take into account all matters that are relevant to its mandate, including the following:

1. whether the project would enhance and protect the existing and future well-being of the persons and communities resident on or using the NMR, taking into account the interests of other Canadians;
2. whether the project would unduly prejudice the ecosystemic integrity of the NMR;
3. whether the proposal reflects the priorities and values of the persons resident in or using the NMR;
4. steps which the proponent proposes to take to avoid and mitigate adverse impacts;
5. steps the proponent proposes to take, or that should be taken, to compensate interests adversely affected by the project;
6. posting of performance bonds;
7. the monitoring program that the proponent proposes to establish, or that should be established, for ecosystemic and socio-economic impacts; and
8. steps which the proponent proposes to take, or that should be taken, to restore ecosystemic integrity following project abandonment.

7.5.6 After reviewing the project proposal, NMRIRB shall issue a report to the Minister and the proponent containing:

1. its assessment of the project and its impacts;
2. its determination as to whether or not the project should proceed based on its assessment under (a); and
3. in the event the project were to proceed, terms and conditions reflecting the primary objectives set out in section 7.2.5.

7.5.7 Upon receipt of the NMRIRB report, the Minister shall:

1. accept the report of NMRIRB as to whether or not the project should or should not proceed, including terms and conditions;
2. where NMRIRB has determined that a project should proceed, reject that determination on the basis that the proposal is not in the national or regional interest; the proponent shall be so advised by NMRIRB;
3. where NMRIRB has determined that a project should proceed, reject the report on the grounds that
   1. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and socioeconomic impacts, or
   2. the terms and conditions are so onerous that they would undermine the viability of a project that is in the national or regional interest, and in such situations NMRIRB shall reconsider terms and conditions under which the project should be approved in light of the Minister's reasons;
4. where NMRIRB has determined that a project should not proceed, reject that determination on the grounds that the project should have been approved because of its importance in the national or regional interest; thereupon, the Minister shall refer the report back to NMRIRB to consider terms and conditions which should be attached to any project approval; or
5. where the report is deficient with respect to ecosystemic and socio-economic issues, refer the report back to NMRIRB for further review or public hearings; upon such further review or hearings, NMRIRB shall submit a further report to the Minister which shall be accepted or rejected in accordance with paragraphs (a), (b), ©) or (d).

7.5.8 Upon considering or reconsidering the terms and conditions of a project approval further to paragraphs 7.5.7(c) or (d), NMRIRB shall:

1. within 30 days, or such time as agreed upon with the Minister, make any alterations it considers appropriate;
2. refer its revised report back to the Minister; and
3. make its revised report available to the public.

7.5.9 Upon receipt of a revised NMRIRB report under section 7.5.8, the Minister shall:

1. accept the terms and conditions; or
2. reject or vary the terms and conditions, in whole or in part, on the grounds set out in sub-paragraphs 7.5.7(c)(I) and (ii).

7.5.10 The Minister shall supply NMRIRB with written reasons for every decision.

7.5.11 Notwithstanding sections 7.5.7 and 7.5.9, NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in sections 7.5.7 and 7.5.9.

7.5.12 Upon completion of the process described in sections 7.5.1 to 7.5.11 where it has been determined that a project should proceed, NMRIRB shall issue a project certificate including any terms and conditions which have been accepted or varied by the Minister.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the review of project proposals is included in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2.

PROJECT: Review of projects by a federal environmental assessment panel - Sheet # 7 - 5

RESPONSIBILITIES: Federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed (Minister); Canada - Minister of the Environment (Minister - EC); Environment Canada - federal environmental assessment panel (EC - Panel); Project proponent; Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate (DIAND - IM); Government of Nunavut (GN)

OBLIGATIONS ADDRESSED:

7.6.1 Where the Minister under paragraph 7.4.7(a) decides to refer a project proposal to the Minister of the Environment for public review by a federal environmental assessment panel, the panel shall conduct its review in accordance with the provisions of this Part and with any other procedures, principles and general practices that provide at least the same opportunity for an open and comprehensive public review as provided by the Environmental Assessment and Review Process Guidelines Order (S.O.R./84-467, 22 June, 1984).

7.6.2 For a project proposal within the NMR, the Minister of the Environment shall be free to appoint members to a panel in accordance with the Minister's general practice, except that at least one quarter of the panel members shall be appointed from a list of nominees given to the Minister of the Environment by the MDO, and at least one quarter from a list of nominees given to the Minister of the Environment by the appropriate Territorial Government Minister. Nothing shall prevent the MDO or the Territorial Government Minister from nominating candidates who are already members of NMRIRB.

7.6.3 When a project proposal would take place both inside the NMR and an adjacent area used by another aboriginal group or groups, at least one quarter of the panel members shall be appointed from nominees of the MDO and the other relevant aboriginal group or groups, in accordance with any agreement between the MDO and the other aboriginal group or groups.

7.6.4 Members of panels shall:

1. be unbiased and free of any potential conflict of interest relative to the project proposal under review; for greater certainty no panel member who is a Nunavik Inuk shall be considered biased solely because the panel member is a Nunavik Inuk; and
2. have special knowledge and experience relevant to the anticipated technical, environmental or social effects of the project proposal under review.

7.6.5 Once constituted, a panel may issue to the project proponent a set of guidelines for the preparation of a statement by the proponent on ecosystemic and socio-economic impacts. Any such guidelines shall, where appropriate, require the statement to contain information with respect to those matters listed in section 7.5.2. NMRIRB shall review the guidelines and provide input into their development.

7.6.6 The panel shall ensure that NMRIRB has adequate opportunity to review the proponent's impact statement prior to commencement of public hearings, and the panel shall take into account any recommendations or concerns that NMRIRB has identified.

7.6.7 In the conduct of its public hearings under these provisions, a panel shall be bound mutatis mutandis by sections 7.2.25, 7.2.27 and 7.2.28. The panel's powers, including any powers of subpoena, shall not be less than those available to federal environment assessment and review panels established under laws of general application.

7.6.8 The panel, when assessing any project proposal, shall take into account all matters that are relevant to its mandate, including as appropriate those matters listed in section 7.5.5.

7.6.9 Upon completion of its review, the panel shall forward its report to the Minister of the Environment and the Minister, who shall make it public and who shall forward a copy to NMRIRB.

7.6.10 Upon receipt of the report of the panel, NMRIRB shall have sixty (60) days to review the report and forward its findings and conclusions to the Minister with respect to ecosystemic and socio-economic impacts in the NMR, NMRIRB may identify deficiencies in the panel report, additional terms, conditions and mitigative measures that should be attached to any project approval, additional data requirements, and any other conclusions deemed pertinent by NMRIRB including whether or not the project proposal should proceed. In so doing, NMRIRB shall be guided by the primary objectives set out in section 7.2.5.

7.6.11 Upon receipt of the panel report and the recommendations of NMRIRB, the Minister shall:

1. accept the report with the terms and conditions proposed by the panel insofar as they apply to the NMR;
2. accept the report insofar as it applies to the NMR with modifications proposed by NMRIRB; or
3. reject the panel report or any part thereof insofar as it applies to the NMR on the following grounds:
   1. the project proposal should be rejected on the grounds that the proposal is not in the national or regional interest, in which case the proponent shall be so advised by the Minister,
   2. the project proposal should be allowed to proceed because of its importance in the national or regional interest, in which case NMRIRB shall consider the terms and conditions with respect to the NMR which should be attached to any approval, or
   3. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level of ecosystemic or socio-economic impacts of the project, in which case NMRIRB shall thereupon reconsider the terms and conditions with respect to the NMR in the light of the Minister's objections.

7.6.12 In considering or reconsidering the terms and conditions of a project approval, NMRIRB shall, within thirty (30) days or such other period as agreed upon with the Minister, report back to the Minister, with respect to the terms and conditions which should be attached to any project approval.

7.6.13 Upon receipt of NMRIRB's report further to section 7.6.12, the Minister shall:

1. accept the terms and conditions; or
2. reject or vary the terms and conditions, in whole or in part, on the grounds that
   1. any of the terms and conditions are more onerous than necessary or insufficient to mitigate to an acceptable level the ecosystemic and
      socio-economic impacts in the NMR, or
   2. the terms and conditions with respect to the NMR are so onerous that they would undermine the viability of a project which is in the national or regional interest.

7.6.14 The Minister shall supply NMRIRB with written reasons for every decision insofar as it applies to the NMR.

7.6.15 The role of NMRIRB with respect to any federal environmental assessment panel report shall be confined to those parts of that report that are applicable to or affect the NMR.

7.6.16 Notwithstanding sections 7.6.11 and 7.6.13, the panel's report or NMRIRB's determination with respect to socio-economic impacts unrelated to ecosystemic impacts shall be treated as recommendations to the Minister, which may be accepted, rejected or varied by the Minister without limitation to the grounds set out in sections 7.6.11 and 7.6.13.

7.6.17 Upon completion of the process described in sections 7.6.1 to 7.6.16, NMRIRB shall issue a NMRIRB project certificate including any terms and conditions which have been accepted or varied by the Minister.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. The provision of funding for the review of projects, which are proposed for the NMR and that are to be undertaken by a federal environmental assessment panel, will be the responsibility of the federal government. To the extent that funding for the NMRIRB will be required for participation in this process, it will be provided for by way of the funding for the operation and administration of the NMRIRB as set out in Sheet # 7-2, or as intervener funding related to this process.

PROJECT: Monitoring of development projects - Sheet # 7 - 6

RESPONSIBILITIES: Nunavik Marine Region Impact Review Board (NMRIRB); Project proponent

PARTICIPANT/LIAISON: Federal and territorial government departments and agencies

OBLIGATIONS ADDRESSED:

7.7.1 The terms and conditions contained in:

1. a NMRIRB project certificate issued pursuant to sections 7.5.12 or 7.6.17;
2. a recommendation of NMRIRB pursuant to paragraph 7.4.4(a); or
3. any approvals issued by the NWB, may provide for the establishment of a monitoring program for that project which may specify responsibilities for the proponent, NMRIRB or Government.

7.7.2 The purpose of a monitoring program set up pursuant to section 7.7.1 shall be:

1. to measure the relevant effects of projects on the ecosystemic and socio-economic environments of the NMR;
2. to determine whether and to what extent the land or resource use in question is carried out within the predetermined terms and conditions;
3. to provide the information base necessary for agencies to enforce terms and conditions of land or resource use approvals; and
4. to assess the accuracy of the predictions contained in the project impact statements.

7.7.3 Without limiting the generality of section 7.7.2, the monitoring program set up pursuant to that section may include:

1. a requirement that regulatory agencies and the proponent supply NMRIRB with reports and information respecting project operations and impacts, and the implementation of mitigative measures;
2. a requirement for a periodic evaluation by NMRIRB of monitoring programs for projects; and
3. based on paragraph (b), a requirement that NMRIRB compile a report on the adequacy of the monitoring program and on the ecosystemic and socio-economic impacts of the project.

7.7.4 Responsible government agencies and departments shall continue to fulfill their responsibilities for monitoring and data collection. Any monitoring responsibilities assigned to NMRIRB shall not be a duplication of those functions.

7.7.5 Any monitoring program established for a project under section 7.7.1 shall be designed so as to avoid duplication of duties and to facilitate coordination of monitoring activities and may, in addition to any other relevant matters, provide for the variables to be monitored and the program specifications.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for the monitoring of development projects in the NMR by the NMRIRB is included in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2.

PROJECT: Development of general environmental monitoring plan - Sheet # 7 - 7

RESPONSIBILITIES: Canada - Environment Canada (Canada - EC); Government of Nunavut (GN); Nunavik Marine Region Planning Commission (NMRPC);

PARTICIPANT/LIAISON: Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate; Nunavut Planning Commission and other adjacent institutions

OBLIGATIONS ADDRESSED:

7.7.6 There is a requirement for general monitoring to collect and analyse information on the long term state and health of the ecosystemic and socio-economic environment in the NMR. Government, in co-operation with the NMRPC, shall be responsible for developing a general monitoring plan and for directing and co-ordinating general monitoring and data collection. The NMRPC shall:

1. in accordance with the plan, collate information and data provided by, amongst others, industry, government departments and agencies;
2. in accordance with the plan, report periodically on the ecosystemic and socio-economic environment of the NMR; and
3. use the information collected under paragraphs (a) and (b) to fulfill its existing responsibilities under Article 6.

7.7.7 The NMRPC may delegate any or all of its functions under this Part to members of the NMRPC or officers or employees of the NMRPC.

RELATED CLAUSES:

6.4.4 - role and responsibility of NMRPC
6.4.14 to 6.4.21 - matters binding on NMRPC
6.5.1 to 6.5.8 - development of land use plans
6.5.9 to 6.5.13 - implementation and monitoring of land use plans
6.6.1 to 6.6.5 - amendment and periodic review of land use plans
6.8.2 - land use planning process applies to Nunavik Inuit Lands
5.4.20 - NMRIRB may participate in Nunavik Marine Region Council
6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7

FUNDING:

1. Funding for the NMRPC to participate in the development of the general environmental monitoring plan for the NMR, and for participating in the collection of data and the analysis of information on the long term state and health of the NMR environment, is included in the budget for the operation and administration of the NMRPC as set out in Sheet # 6-2.
2. The cost to government related to the development of the general environmental monitoring plan for the NMR, and for participating in the collection of data and the analysis of information on the long term state and health of the NMR environment, shall be borne by the federal and territorial governments according to their jurisdictional responsibilities.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. It is assumed that the general environmental monitoring activities of the NMRPC will need to be coordinated with the Nunavut Planning Commission, as well as with other similar institutions having jurisdiction over areas adjacent to the NMR (i.e, for the Kativik region, the James Bay Cree communities, and Labrador).
2. In order to initiate the collaborative process for the development of the general environmental monitoring plan for the NMR, it may be helpful for the Department of Indian Affairs and Northern Development - Implementation Management Directorate to identify the appropriate officials in the Government of Canada and the Government of Nunavut that will be responsible for undertaking these activities.

PROJECT: Amendment of project certificates - Sheet # 7 - 8

RESPONSIBILITIES: Nunavik Marine Region Impact Review Board (NMRIRB); MDO, development project proponent or other interest; Federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed (Minister)

PARTICIPANT/LIAISON: Project proponent

OBLIGATIONS ADDRESSED:

7.8.1 NMRIRB project certificates issued under either sections 7.5.12 or 7.6.17 may contain terms and conditions expressed to come into force at some time in the future or on the happening of any particular event or contingency.

7.8.2 NMRIRB may on its own account or upon application by a MDO, the proponent, or other interests, reconsider the terms and conditions contained in the NMRIRB certificate if it is established that:

1. the terms and conditions are not achieving their purpose;
2. the circumstances relating to the project or the effect of the terms and conditions are significantly different from those anticipated at the time the certificate was issued; or
3. there are technological developments or new information which provide a more efficient method of accomplishing the purpose of the terms and conditions.

7.8.3 Where the Minister determines that any of the conditions in paragraphs 7.8.2 (a), (b) or c) have been established, NMRIRB shall reconsider the terms and conditions contained in a certificate, and NMRIRB shall produce a report of its reconsideration. The Minister may accept, reject or vary that report only on the grounds specified in section 7.6.13. NMRIRB shall amend its certificate to reflect any changes as accepted, rejected or varied by the Minister.

7.8.4 For greater certainty, section 7.5.4 applies to a reconsideration by NMRIRB pursuant to section 7.8.2 or 7.8.3.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. Funding for activities related to the amendment of project certificates by the NMRIRB is included in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2.

PROJECT: Implementation and enforcement of project certificates - Sheet # 7 - 9

RESPONSIBILITIES: Federal or territorial departments and agencies of government having the jurisdictional responsibility for authorizing a project to proceed; independent regulatory boards of the Government of Canada or the Government of Nunavut (Regulatory boards); federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed (Minister); Nunavik Marine Region Impact Review Board (NMRIRB)

PARTICIPANT/LIAISON: Project proponent

OBLIGATIONS ADDRESSED:

7.9.1 Subject to section 7.9.3, the terms and conditions of NMRIRB project certificates shall be implemented by all government departments and agencies in accordance with their authorities and jurisdictional responsibilities.

7.9.2 Without limiting the generality of section 7.9.1, the terms and conditions of NMRIRB project certificates shall, in accordance with the authorities and jurisdictional responsibilities of government departments and agencies, be incorporated in relevant permits, certificates, licences or other government approvals that the proponent may require. Government departments and agencies shall discuss with NMRIRB how best to implement the terms and conditions of NMRIRB project certificates and may provide NMRIRB with drafts of permits, certificates, licences and other government approvals.

7.9.3 Where an independent decision of a regulatory board contains terms and conditions at variance with the terms and conditions of a NMRIRB project certificate, the regulatory board shall provide reasons to the Government and NMRIRB justifying the difference. The Governor-in-Council shall consider both the independent decision of the regulatory board and the NMRIRB project certificate. The NMRIRB project certificate shall prevail unless:

1. with respect to an independent decision of a regulatory board where Government does not have the authority to vary that decision, it is in the national or regional interest that the project proceed; or
2. with respect to any other independent decision of a regulatory board, the project is considered to be in the national or regional interest and the acceptance of the terms and conditions in the NMRIRB project certificate would undermine the viability of the project; or
3. an amendment to the NMRIRB project certificate is accepted pursuant to section 7.8.3.
   
   If the NMRIRB project certificate does not prevail, the appropriate terms and conditions contained in the NMRIRB project certificate shall be amended accordingly.

7.9.4 In this Part, "independent decision of a regulatory board" means a decision made by a statutory body in the exercise of regulatory or licensing powers in the course of which the body is not subject to specific direction or control by Government; a decision does not cease to be an independent decision of a regulatory board merely because that decision is subject to a general direction whether by guidelines, regulations or directives or to approval, variance or rescission by Government.

7.9.5 A decision ceases to be an independent decision of a regulatory board for the purposes of this Part where Government has varied such a decision prior to considering the conflict between the decision and the NMRIRB certificate.

7.9.6 Where there is conflict between any NMRIRB project certificate and a decision of a regulatory board not falling within section 7.9.3, the NMRIRB project certificate shall prevail.

7.9.7 A licence, permit, certificate or other governmental approval which implements or incorporates any term or condition of a NMRIRB project certificate may not be called into question in a court of law on the grounds that the issuing agency thereby fettered its discretion or otherwise acted without jurisdiction, when implementing any term or condition of a NMRIRB project certificate.

7.9.8 Nothing in sections 7.9.1 to 7.9.7 shall preclude any regulatory or government agency from reviewing a project and imposing additional or more stringent terms and conditions, or from refusing to issue a licence or approval that would be required in order to allow a proposed project to proceed.

7.9.9 The duty to implement referred to in section 7.9.1 does not include an obligation on Government to amend legislation.

7.9.10 NMRIRB and the NMRPC shall, unless they specify otherwise, receive copies of all approvals, regulatory or otherwise, for projects for which NMRIRB has issued a certificate.

7.10.1 No licence or approval that would be required in order to allow a proposed project to proceed shall be issued in respect of a project that is to be screened by NMRIRB until the screening has been completed and, if a review pursuant to Part 5 or 6 is to be conducted, until after that review has been completed and a NMRIRB project certificate has been issued by NMRIRB pursuant to these provisions.

7.10.2 Notwithstanding section 7.10.1, where a project proposal has been referred for review pursuant to Part 5 or 6, approvals or licences for exploration or development activities related to that project may be issued if:

1. the activity falls within Schedule 7-1; or
2. the activity can, in the judgement of NMRIRB, proceed without such a review.

7.10.3 Where permits, certificates, licences or other government approvals which implement or incorporate the terms and conditions of a NMRIRB project certificate have been issued, the responsible government department or agency shall continue to be responsible for the enforcement of the permit, certificate, licence or other government approval.

7.10.4 Responsible government departments and agencies shall apply effective techniques at their disposal for enforcement under section 7.10.3 and in applying such techniques, they shall not be confined to prosecution or to the suspension of any permit, certificate, licence or other government approval.

7.10.5 In addition to any person or body that is recognized by laws of general application as having standing to seek a court determination, a MDO shall have standing before an appropriate court:

1. to seek a determination as to whether any term or condition contained in a NMRIRB certificate has been implemented, and any remedy deemed appropriate by the court if the term and condition has not been implemented;
2. to obtain a court order compelling a person to do or prohibiting a person from doing whatever that person is, by any licence, approval, permit or contract implementing any terms or conditions of a NMRIRB certificate, required to do or prohibited from doing; or
3. to seek judicial review of decisions and orders, whether interim or final, made pursuant to this Article.

RELATED CLAUSES:

6.5.11 - proposals to screening after exemption from conformity with land use plans
7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.11.1 to 7.11.2 - review of projects with transboundary impacts
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. As provided for under 7.9.1 of the NILCA, the terms and conditions of NMRIRB project certificates shall be implemented by all government departments and agencies in accordance with their authorities and jurisdictional responsibilities.
2. Funding for activities related to the implementation and enforcement of project certificates by the NMRIRB is included in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2.

PROJECT: Review of projects with transboundary impacts - Sheet # 7 - 10

RESPONSIBILITIES: Nunavik Marine Region Impact Review Board (NMRIRB); Makivik Designated Organization (MDO); Government of Canada (Canada); Government of Nunavut (GN);

PARTICIPANT/LIAISON: Nunavut Impact Review Board and/or other similar institutions in adjacent jurisdictions; Canadian Environmental Assessment Agency; project proponent

OBLIGATIONS ADDRESSED:

7.11.1 NMRIRB may upon request by Government or, with the consent of Government, upon request by a MDO, review a project proposal located outside of the NMR which may have significant adverse ecosystemic or socioeconomic effects on the NMR.

7.11.2 Without limiting the jurisdiction of NMRIRB or the Canadian Environmental Assessment Agency (CEAA) as set out in this Article, the Government of Canada and the Territorial Government, assisted by NMRIRB, shall use their best efforts to negotiate agreements with other jurisdictions to provide for collaboration in the review of project proposals which may have significant transboundary ecosystemic or socio-economic impacts.

RELATED CLAUSES:

7.1.1 - definitions of "certificate", "Minister", "proponent", etc.
7.2.1 to 7.2.14 - establishment of Nunavik Marine Region Impact Review Board
7.2.15 to 7.2.33 - operation and administration of NMRIRB
7.3.1 to 7.4.9 - screening of project proposals
7.5.1 to 7.5.12 - review of project proposals by the NMRIRB
7.6.1 to 7.6.17 - review of projects by a federal environmental assessment panel
7.7.1 to 7.7.5 - monitoring of development projects
7.7.6 to 7.7.7 - development of general environmental monitoring plan
7.8.1 to 7.8.4 - amendment of development project certificates
7.9.1 to 7.10.5 - implementation and enforcement of project certificates
7.12.1 to 7.12.3 - geographic application of Article 7
Schedule 7-1 - types of projects exempt from screening
11.2.3 - development impact assessment to apply in protected areas
11.5.4 - development impact assessment to apply in Marine Protected Areas
27.1.1 - reciprocal arrangements with Inuit of Nunavut in impact assessment regime
27.6.4 - standing of Nunavut Tunngavik Incorporated before NMRIRB
28.5 and 28.6 - Cree membership on NMRIRB where decisions affect Joint Zone
28.7 - NMRIRB jurisdiction not exercised in Cree Zone

FUNDING:

1. If a review of a development project, proposed for outside the Nunavik Marine Region, is requested to be undertaken by the NMRIRB because of potential transboundary impacts within the NMR, it is likely that additional funding for this purpose would be necessary unless sufficient funds are available as provided in the budget for the operation and administration of the NMRIRB as set out in Sheet # 7-2. The provision of the additional funds required for the NMRIRB to undertake the review would be the responsibility of government.

PROJECT: Disposition of interests in Nunavik Inuit Lands - Sheet # 8 - 1

RESPONSIBILITIES: Makivik; Makivik Designated Organization (MDO); Purchaser of Nunavik Inuit Lands (Purchaser); Government of Nunavut - Registrar (Registrar)

PARTICIPANT/LIAISON: Nunavik Inuit; Grand Council of the Crees (Eeyou Istchee) or GCCQ(EI) Designated Organization

OBLIGATIONS ADDRESSED:

8.4.1 Subject to sections 8.4.2, 8.4.3 and 8.4.6 Nunavik Inuit Lands shall not be conveyed, transferred or otherwise disposed of by the MDO unless approved by 75% of all eligible Nunavik Inuit voters in a referendum. Any expenses related to such referenda shall be solely the responsibility of Makivik.

8.4.2 A MDO may, without any requirement for a referendum, grant a lease, license or any other interest less than fee simple for a term of less than 75 years.

8.4.3 A MDO may, without any requirement for a referendum, grant any interest in Nunavik Inuit Lands to another MDO.

8.4.4 For Nunavik Inuit Lands in Zone C described in Schedule 8-3, the GDO shall enjoy a right of first refusal with respect thereto whereby the MDO cannot sell such Nunavik Inuit Lands without first providing the GDO with the opportunity to match the price and other terms and conditions of any proposed sale.

8.4.7 In addition to the provisions of Part 8.4, any disposition of lands identified in Schedule 8-2 are subject to section 5.7 of the Cree/Inuit Overlap Agreement.

RELATED CLAUSES:

Article 1 - definition of "GDO" " - an organization designated by the Cree;
8.1.1 - "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act and responsible for the Nunavik Marine Region from time to time
8.2 - definition of Nunavik Inuit Lands
8.3.3 - Nunavik Inuit title deemed to be held in fee simple
8.3.4 - Nunavik Inuit Lands held for and on behalf of all Nunavik Inuit
8.4.5 - Nunavik Inuit Lands may not be acquired by prescription, adverse possession or limitation of action.
8.4.6 - fee simple interest of MDO in Nunavik Inuit Lands is not subject to mortgage, attachment, charge, seizure, distress, execution or sale.
Schedule 8.1 - NMR Inuit Zone (Zone A)
Schedule 8.2 - NMR Joint Inuit / Cree Zone (Zone B)
Schedule 8.3 - NMR Cree Zone (Zone C)
Article 22 - definition of "MDO" - Makivik Designated Organization

FUNDING:

1. Funding for a referendum that would be required with regard to any potential disposition of Nunavik Inuit Lands shall be solely the responsibility of Makivik. Other costs related to the disposition of Nunavik Inuit Lands, for example, the determination and negotiations that would necessarily be involved, would be the responsibility of the various parties involved.

PROJECT: Vesting of title to Nunavik Inuit Lands - Sheet # 8 - 2

RESPONSIBILITIES: Canada; Canada - Department of Indian Affairs and Northern Development; Government of Nunavut - Registrar as defined in the Nunavut Land Titles Act (Registrar)

PARTICIPANT/LIAISON: Makivik or Makivik Designated Organization (MDO); Grand Council of the Crees (Eeyou Istchee) or GCCQ(EI) Designated Organization (GDO)

OBLIGATIONS ADDRESSED:

8.5.1 Upon ratification of this Agreement, title to Nunavik Inuit Lands excluding lands referred to in Schedule 8-2 shall vest in the MDO, in accordance with Parts 8.3 and 8.4. The lands identified in Schedule 8-2 shall vest in the MDO and the GDO.

8.5.2 Upon ratification of this Agreement, Government shall deliver to the Registrar an original signed copy of this Agreement and notification that title to Nunavik Inuit Lands has been vested as described in section 8.5.1.

8.5.3 At the delivery of this Agreement and notification to the Registrar, pursuant to section 8.5.2, the Registrar shall treat the notification as if it were letters patent in favour of the MDO or jointly with the GDO, as the case may be, even if there is no plan of survey.

8.5.4 After the delivery of this Agreement in accordance with section 8.5.2, upon receipt of the notification pursuant to that section, the Registrar shall, in the ordinary course of operations, and without charge, record the vesting of title described in section 8.5.1 and shall issue certificate of title in the form set out in Schedule 8-4.

RELATED CLAUSES:

Article - definition of "GDO" - Cree Designated Organization
8.2 - definition of Nunavik Inuit Lands
8.3.2 - title to vested lands may be referred to as "Nunavik Inuit Title"
8.3.3 - Nunavik Inuit Title deemed to be held in fee simple title
8.6 - indemnification of Registrar in relation to vesting of title
Schedule 8-4 - form for issuing certificate of title
Article 22 - definition of "MDO" - Makivik Designated Organization
25.4 (b) - statute ratifying the Agreement is enacted by Parliament and comes into force

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. "land titles office" means the office of the Registrar in Nunavut (8.1 - Definitions)
2. "Registrar" is defined in the Nunavut Land Titles Act and is responsible for the Nunavik Marine Region from time to time (8.1 - Definitions)
3. Nunavik Inuit Title is deemed to be held in fee simple title and not to be construed as extinguishing
   
   or affecting any rights recognized and affirmed by section 35 of the Constitution Act, 1982 (8.3.3)
   
4. In relation to Activity 2 above, the specified documents should be delivered to the Registrar for Nunavut land titles in the Government of Nunavut by the following:
   
   Claims and Indian Government
   Department of Indian Affairs and Northern Development
5. In relation to Activity 2 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1st floor Brown Building
   P.O Box 1000 Station 570
6. Parcels of land referred to in section 27.4.1 have been vested in the DIO and Makivik as joint tenants and were jointly delivered by them to the registrar of Nunavut on April 15, 1993.

PROJECT: Survey of boundaries of Nunavik Inuit Lands - Sheet # 8 - 3

RESPONSIBILITIES: Canada; Government of Nunavut (GN); Makivik or Makivik Designated Organization (MDO); Grand Council of the Crees (Eeyou Istchee) Designated Organization (GDO) Government of Nunavut - Registrar (Registrar)

PARTICIPANT/LIAISON: Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate; Surveyor General of Canada Lands;

OBLIGATIONS ADDRESSED:

8.7.1 Boundaries or part of the boundaries of Nunavik Inuit Lands may for any purpose be surveyed at Government's discretion.

8.7.2 Government shall be responsible for the cost of each legal survey that is conducted pursuant to section 8.7.1 provided that this provision shall not prevent Government from levying charges in respect of such surveys on any third party which is not a GDO whose lands abut Nunavik Inuit Lands.

8.7.3 Each boundary survey conducted pursuant to section 8.7.1 shall be conducted in accordance with the instructions of the Surveyor General and the Canada Lands Surveys Act, as if the lands were still Canada Lands.

8.7.4 Where a legal survey is completed for any boundary or any part of a boundary of Nunavik Inuit Lands, the plan of survey, when signed by the MDO, the GDO if applicable and Government and delivered to the Registrar, shall become the property description for that boundary or that part, replacing any previous property description of that boundary or that part, as of the effective date of this Agreement.

RELATED CLAUSES:

Article 1 - definition of "GDO" - Cree designated organization - definition of "Government"
8.1.1 - definition of "natural boundary"
8.1.1 - definition of "ordinary high water mark" and "bank" of a body of water
8.1.1 - "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act and responsible for the Nunavik Marine Region from time to time
8.1.1 - definition of "tideland"
8.2 - definition of Nunavik Inuit Lands
8.7.9 - natural boundaries of Nunavik Inuit Lands along tidal waters located at high water mark
8.7.10 - natural boundaries of Nunavik Inuit Lands move with natural processes of erosion and accretion
Article 22 - definition of "MDO" - Makivik Designated Organization

FUNDING:

1. Government shall be responsible for the cost of each legal survey that is conducted pursuant to Section 8.7.1 provided that this provision shall not prevent Government from levying charges in respect of such surveys on any third party which is not a GDO whose lands abut Nunavik Inuit Lands.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. "Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized by the federal Minister of Natural Resources Canada to carry out any or all of the duties of the Surveyor General. (8.1.1 - Definitions)
2. Subject to Section 8.7.4, where a survey of Nunavik Inuit Lands is being conducted and where any natural boundary of Nunavik Inuit Lands is found to be unclear, the Surveyor General shall have the authority to define the mean position of the intended boundary by placing a series of monuments or other means. (8.7.8)
3. In relation to Activity 5 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1st floor Brown Building
   P.O Box 1000 Station 570

PROJECT: Subdivision or leasing of a portion of Nunavik Inuit Lands - Sheet # 8 - 4

RESPONSIBILITIES: Makivik or Makivik Designated Organization (MDO); Government of Nunavut - Registrar (Registrar)

PARTICIPANT/LIAISON: Party being granted interest in parcel of Nunavik Inuit Lands

OBLIGATIONS ADDRESSED:

8.4.2 A MDO may, without any requirement for a referendum, grant a lease, license or any other interest less than fee simple for a term of less than 75 years.

8.7.6 The MDO may parcel out one or more area of Nunavik Inuit Lands by way of a survey, descriptive plan or similar process approved by the Surveyor General. The Registrar shall, in the ordinary course of operations and without charge or formalities, record such parcel or area of Nunavik Inuit Lands and issue therefore a separate certificate of title to the MDO in the form set out Schedule 8-4, and shall thereafter record without charge or formalities any interest granted therein by the MDO.

RELATED CLAUSES:

8.1.1 "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act
8.2 definition of Nunavik Inuit Lands
8.3.3 Nunavik Inuit Title deemed to be held in fee simple title
8.3.4 Nunavik Inuit Lands held for and on behalf of all Nunavik Inuit
8.7.5 Government not responsible for the costs of surveys associated with the leasing or subdivision of Nunavik Inuit Lands.
Schedule 8-4 - form for issuing certificate of title
Article 22 - definition of MDO - Makivik Designated Organization

FUNDING:

1. The costs related to preparing any survey, descriptive plan or other process with regard to parcelling out one or more areas of Nunavik Inuit Land is the responsibility of the MDO.
2. Recording of the parcels of land and any interests granted therein by the MDO, and issuing any separate certificates of title to such parcels of land, is to be done by the Registrar in the ordinary course of operations and without charge or formalities to the MDO.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. In relation to Activity 3 of this sheet, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1st floor Brown Building
   P.O Box 1000 Station 570

PROJECT: Change of title to Nunavik Inuit Lands from one MDO to another MDO - Sheet # 8 - 5

RESPONSIBILITIES: Makivik Designated Organization (MDO); Government of Nunavut - Registrar (Registrar)

OBLIGATIONS ADDRESSED:

8.4.3 A MDO may, without any requirement for a referendum, grant any interest in Nunavik Inuit Lands to another MDO.

8.7.7 A notice to the Registrar referencing this section from a MDO in which title to Nunavik Inuit Lands is vested that another MDO has full authority in respect of those lands shall be dealt with in all respects as if it were a grant of title from the former MDO to the other MDO, and the Registrar shall, within 30 days and without charge, issue therefor a new certificate of title in the name of the other MDO in the form set out in Schedule 8-4.

RELATED CLAUSES:

8.1.1 "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act
8.2 definition of Nunavik Inuit Lands
8.3.3 Nunavik Inuit Title deemed to be held in fee simple title
8.3.4 Nunavik Inuit Lands held for and on behalf of all Nunavik Inuit
Schedule 8-4 - form for issuing certificate of title
Article 22 - definition of MDO - Makivik Designated Organization

FUNDING:

1. Any costs related to recording the change in title and issuing the new certificate of title in the name of the other MDO are to be met within the ordinary course of the Registrar's operations and without charge or formalities to the MDO.

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. In relation to Activity 2 above, the required notification should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1st floor Brown Building
   P.O Box 1000 Station 570

PROJECT: Clean-up of contaminated sites on Nunavik Inuit Lands - Sheet # 8 - 6

RESPONSIBILITIES: Canada - Department of Indian Affairs and Northern Development - Northern Affairs Program (DIAND - NAP); Makivik

PARTICIPANT/LIAISON: Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate

OBLIGATIONS ADDRESSED:

8.8.1 Where government undertakes any program respecting the clean-up of contaminated sites on Crown lands in the NMR, the program shall apply to such sites on Nunavik Inuit lands that are listed in Schedule 8A of this Article as if the lands were Crown lands.

8.8.3 Any dispute as to whether a contaminated site existed on the effective date may be referred for resolution in accordance with Article 24 by a party. If a dispute goes to an arbitrator in accordance with Article 24 and if the arbitrator confirms that a site existed on the effective date, the list in Schedule 8A shall be considered to have been amended to include that site.

8.8.4 Government shall be responsible for the costs associated with any clean-up under section 8.8.1 on Nunavik Inuit Lands. This provision shall not prevent government from recovering from the person responsible for the contamination any costs associated with the clean-up of Nunavik Inuit Lands under section 8.8.1.

RELATED CLAUSES:

8.1.1 - "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act
8.2 - definition of Nunavik Inuit Lands
8.3.4 - Nunavik Inuit Lands held for and on behalf of all Nunavik Inuit
8.8.5 - no compensation for damages which may be caused by clean-up
8.8.6 - Government not liable for damages from contaminated sites
Schedule 8A - list of contaminated sites on Nunavik Inuit Lands as of the effective date
Article 24 - dispute resolution mechanism

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. After the effective date, the parties may agree that a site not listed in Schedule 8A was a contaminated site on the effective date and, upon consent of the parties, the list in Schedule 8A shall be considered to have been amended to include that site. (8.8.2)
2. Government shall be responsible for the costs associated with any clean-up under Section 8.8.1 on Nunavik Inuit Lands. (8.8.4)
3. The Government may recover from the person responsible for the contamination any costs associated with the clean-up of Nunavik Inuit Lands under section 8.8.1. (8.8.4)
4. There shall be no compensation payable for damage which may be caused to Nunavik Inuit Lands as a result of the clean-up of Nunavik Inuit Lands under section 8.8.1 (8.8.5)

PROJECT: Transfer of title of contaminated site on Akpatok Island - Sheet # 8 - 7

RESPONSIBILITIES: Canada - Department of Indian Affairs and Northern Development - Northern Affairs Program (DIAND - NAP); Makivik; Canada - Natural Resources (NRCan); Government of Nunavut - Registrar (Registrar)

PARTICIPANT/LIAISON: Canada - Department of Indian Affairs and Northern Development - Implementation Management Directorate

OBLIGATIONS ADDRESSED:

8.8.7 The Government of Canada has identified a contaminated site on Akpatok Island as per Schedule 8-1, D, parcel 3.

8.8.8 If the site referred to in section 8.8.7 is cleaned up, the Government of Canada shall transfer the said site to the MDO as Nunavik Inuit Lands.

RELATED CLAUSES:

8.1.1 - "Registrar" means "Registrar" as defined in the Nunavut Land Titles Act
8.2 - definition of Nunavik Inuit Lands
8.3.4 - Nunavik Inuit Lands held for and on behalf of all Nunavik Inuit
8.8.5 - no compensation for damages which may be caused by clean-up
8.8.6 - Government not liable for damages from contaminated sites
Schedule 8A - list of contaminated sites on Nunavik Inuit Lands as of the effective date
Article 24 - dispute resolution mechanism

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. In relation to Activity 3 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1st floor Brown Building
   P.O Box 1000 Station 570
2. There are 3 surveys required for Akpatok Island, 2 for CWS selections and 1 for the contaminated site on the island. This latter is Parcel 3, encompassing the abandoned exploration camp site north of Gregson Creek at approximate 60º 25' 35" N latitude and 68º
   20' 01" W longitude.

PROJECT: Establishment of and amendment of boundaries of protected areas - Sheet # 11 - 1

RESPONSIBILITIES: Canada - Parks Canada Agency (PCA); Canada - Canadian Wildlife Services (CWS); Government of Nunavut - Department of Environment (GN - DOE); Makivik Designated Organization (MDO); Nunavik Marine Region Wildlife Board (NMRWB) PARTICIPANT/LIAISON: Makivik

PARTICIPANT/LIAISON: Makivik

OBLIGATIONS ADDRESSED:

11.2.1 The establishment of protected areas and the amendment of boundaries of protected areas shall be in conformity with an applicable land use plan, if any.

11.2.4 Except for National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves, the establishment, disestablishment or changing of the boundaries of protected areas is subject to the approval of the NMRWB pursuant to paragraph 5.2.4(a).

11.2.5 In addition to the approval of the NMRWB, as referred to in Section 11.2.4, the establishment, disestablishment or changing of the boundaries of protected areas on Nunavik Inuit Lands is subject to the approval of a MDO.

11.7.1 Government shall make available Inuktitut translations of its publications that are aimed at informing the Canadian public about protected areas and Marine Protected Areas. Any information disseminated or communicated to the public within any protected area and any Marine Protected Area shall be equally prominent in Inuktitut and in one or more of Canada's official languages.

11.8.1 Appropriate recognition shall be made of Nunavik Inuit history and presence as part of the process of the establishment and operation of a protected area or Marine Protected Area.

RELATED CLAUSES:

5.2.4(a) - NMRWB approval required for the establishment, disestablishment, and changes to boundaries of protected areas
5.5.4.2 - decisions to take into account the special purposes and policies relating to protected areas
11.1.1 - meaning of "Protected area"
11.2.7 - in case of emergency with respect to a protected area
11.3 - planning and management of protected areas
11.4.1 - obligations prior to establishing a protected area
11.4.2 - negotiation of an IBA connected to proposed protected area
11.4.3 - conciliation if Government and MDO fail to agree on IBA
11.4.4 - obligation to conclude an IBA with respect to a protected area
11.4.5 - concluding an IBA in case of emergency

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. "Protected areas" can be either Federal or Territorial and means any of the following areas, other than a Marine Protected Area, when established in the NMR under legislation:
   1. National Marine Conservation Areas;
      
   2. National Marine Conservation Area Reserves;
      
   3. National Parks;
      
   4. National Park Reserves;
      
   5. National Historic Sites when owned and administered by Parks Canada;
      
   6. Territorial Parks;
      
   7. Migratory Bird Sanctuaries;
      
   8. National Wildlife Areas including protected marine areas; and
      
   9. other areas of particular significance for ecological, cultural, archaeological, research and similar reasons.
2. In case of emergencies, Government may establish, disestablish or change the boundaries of a protected area without consulting a MDO. (Refer to IP Activity Sheet #11 - 2).
3. Land use plans shall not apply within or amend the boundaries of established protected areas. (11.2.2)
4. Project proposals within protected areas are subject to development impact assessments. (11.2.3)

PROJECT: Establishment, disestablishment or changing of the boundaries of a protected area in the case of emergency - Sheet # 11 - 2

RESPONSIBILITIES: Canada - Parks Canada Agency (PCA); Canada - Canadian Wildlife Services (CWS); Government of Nunavut - Department of Environment (GN - DOE)

PARTICIPANT/LIAISON: Makivik

OBLIGATIONS ADDRESSED:

11.2.7 Notwithstanding Section 11.2.6, in the case of emergency, Government may establish, disestablish or change the boundaries of a protected area without consulting a MDO. Government shall advise the MDO as soon as possible after the establishment, disestablishment or changing of the boundaries of the protected area on the necessity of the action and the terms and conditions attached thereto.

RELATED CLAUSES:

5.5.4.2 - decisions to take into account the special purposes and policies relating to protected areas
11.1.1 - meaning of "Protected area"
11.2.1 - protected areas and conformity with applicable land use plan
11.2.2 - land use plans do not apply in established protected areas
11.2.3 - development impact assessment applies to project proposals in protected area
11.2.4 - approval of NMRWB
11.2.5 - approval of a MDO
11.2.6 - consultation with a MDO
11.3 - Planning and Management of protected areas

PLANNING ASSUMPTIONS, GUIDELINES, AND EXPLANATIONS:

1. Canada and GN will inform each other should they decide to initiate action with respect to a protected area in case of an emergency.

PROJECT: Consultation on the establishment, disestablishment or changing of the boundaries of National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves in the NMR - Sheet # 11 - 3

RESPONSIBILITIES: Canada - Parks Canada Agency (PCA); Makivik Designated Organization (MDO)

PARTICIPANT/LIAISON: Makivik