Nunavik Inuit Land Claims Agreement

Part 2.29: Certainty

2.29.1 For the purposes of section 2.29, "government" means Her Majesty the Queen in right of Canada and any province and the government of any territory.

2.29.2 Section 2.29 does not apply to any aboriginal or treaty right which the Nunavik Inuit may have;

1. arising from, or in the Territory defined by, the JBNQA, or
2. to the extent that the right does not relate to or affect lands or natural resources.

2.29.3 Subject to section 2.29.2, the Nunavik Inuit will not exercise or assert any aboriginal or treaty right other than the rights set out in this Agreement.

2.29.4 If an aboriginal right that section 2.29.3 prevents from being exercised or asserted;

1. has any effect on the ability of Nunavik Inuit to exercise and enjoy all their rights that are set out in this Agreement;
2. has any effect on the ability of government or any other person to exercise and enjoy all their rights, authorities, jurisdictions and privileges; and
3. creates or has any other effect on an obligation of government or any other person,

2.29.5 The Nunavik Inuit release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they ever had, now have or may have in the future, arising from any act or omission that occurred prior to the effective date of this Agreement that related to or affected any aboriginal right respecting lands and natural resources held by the Nunavik Inuit.

2.29.6 The Nunavik Inuit release government and all other persons from all claims, of whatever nature or kind and whether known or unknown, that they now have or may have in the future, based on any right that section 2.29.3 prevents from being exercised or asserted and arising from any act or omission that occurs on or after the effective date of this Agreement.

2.29.7 The Nunavik Inuit shall indemnify and forever save harmless government from any claim to which sections 2.29.5 or 2.29.6 apply and that was brought on or after the effective date of this Agreement against government. For greater certainty, the right to be indemnified shall not extend to any claim relating to or in any way arising from the failure of government to carry out its obligations under this Agreement.

2.29.8 The right to be indemnified under section 2.29.7 applies only if government vigorously defends the claim and does not compromise or settle it without the consent of the Nunavik Inuit. The right to be indemnified under section 2.29.7 does not apply to any costs incurred by government in such a defence or settlement.

Schedule 3-1: Nunavik Inuit Settlement Area (NISA) Overview

3.1 The Nunavik Inuit Settlement Area (NISA) as shown on Schedule 3-1 is comprised of the following components:

1. the Nunavik Marine Region; and
2. the Labrador Inuit Settlement Area portion of the Nunavik Inuit/Labrador Inuit overlap area.

3.2 The Nunavik Marine Region, which, for greater certainty, includes the areas of equal use and occupancy and the overlap area of the Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area, is that offshore area adjacent to, but not in, Québec described in Schedule 3-2 and shown on the map contained in Schedule 3-3.

3.3 The Labrador Inuit Settlement Area portion of the Nunavik Inuit/Labrador Inuit overlap area is set out in Article 29.

3.4 In the event of a discrepancy between the descriptions of Schedule 3-2 and the map of Schedule 3-3, Schedule 3-2 shall prevail.

3.5 For greater certainty, all coordinates are in reference to the North American Datum 1927 (NAD 27) unless otherwise stated in Schedule 3-2.

3.6 For greater certainty, Nunavik Inuit shall enjoy additional rights to areas outside NISA as provided by other provisions of this Agreement.

Schedule 3-3: Nunavik Marine Region (NMR) Overview

Article 4: Eligibility and Enrolment

4.1 Any person who is enrolled on the Inuit Beneficiaries List pursuant to the provisions of the James Bay and Northern Québec Agreement, as amended from time to time, shall be eligible to be enrolled as a beneficiary under this Agreement. For the purposes of determining eligibility under this Agreement, any period during which a person is permanently resident in NISA shall be deemed to be residence in Nunavik.

4.2 In order to be entitled to benefit from this Agreement, a person must be enrolled on the NILCA Enrolment List.

4.3 No person shall be under a legal obligation to be enrolled under this Agreement.

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.

4.5 No persons shall be enrolled at the same time under this Agreement and any other Canadian aboriginal land claims agreement, unless the Nunavik Inuit are party to such other agreement.

4.6 Notwithstanding section 4.5, a person who is enrolled in another Canadian aboriginal land claims agreement and who is otherwise eligible to enrol in this Agreement may enrol in this Agreement for any period during which that person discontinues enrolment in the other land claims agreement.

4.7 On the effective date of this Agreement, 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 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.

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.

Article 5: Wildlife

Article 8
Nunavik Inuit Lands

Part 8.1: Definitions

8.1.1 In this Article:

"Bed"

of a body of water means the land covered so long by water as to wrest it from vegetation or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself;

"Contaminated site"

means a site where persons have abandoned or disposed of substances of such a nature and in such a manner, quantity or concentration that the substances constitute or are likely to constitute a danger to human life or to the environment;

"Natural boundary"

means a boundary described in relation to the position of a natural feature;

"Ordinary high water mark or bank"

of a body of water means the limit or edge of its bed;

"Registrar"

means "Registrar" as defined in the Nunavut Land Titles Act and responsible for the NMR from time to time;

"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;

"tideland"

means the land between the lines of the ordinary high and low tides that are covered and uncovered successively by the ebb and flow of normal tides;

Part 8.2: Nunavik Inuit Lands

8.2.1 Nunavik Inuit Lands shall include:

1. any lands in the NMR identified as Nunavik Inuit Lands as provided in Schedules 8-1 and 8-3 of this Article;
2. any lands jointly owned with the Crees of Eeyou Istchee within the Joint Inuit/Cree Zone of the NMR as provided in Schedule 8-2;
3. any replacement lands provided in accordance with Part 12.4.
4. where Government agrees, lands acquired by Makivik or a MDO in the NMR subsequent to the Final Agreement.

Part 8.3: Nature of Title

8.3.1 Title to Nunavik Inuit Lands shall include:

1. all lands described in Schedules 8-1 to 8-3 above the ordinary high water mark but, for greater certainty, shall exclude the tidelands and the seabed;
2. the beds of rivers, streams, lakes and other bodies of water above the tidelands;
3. the mines and minerals that may be found to exist within, upon or under Nunavik Inuit Lands;
4. the strip of land one hundred (100) feet in width, measured from ordinary high water mark or from the boundary line which, absent this provision, would be reserved to the Crown pursuant to s. 13 of the Territorial Lands Act, R.S., c. T- 6, s.1.

8.3.2 Title vested pursuant to section 8.5.1 may be referred to as "Nunavik Inuit Title".

8.3.3 Nunavik Inuit Title is deemed to be held in the form of fee simple title. The form of title shall not be construed as having the effect of extinguishing or affecting any rights recognized and affirmed by s.35 of the Constitution Act, 1982:

1. in the NMR of Nunavik Inuit, and
2. in the Cree/Inuit Overlap Area of Crees of Eeyou Istchee.

8.3.4 For greater certainty, Nunavik Inuit Lands shall be held for and on behalf of all Nunavik Inuit and not for an individual Nunavik Inuk or individual Nunavik Inuit communities.

Part 8.4: Disposition of Interests

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.

8.4.5 No person may acquire any estate or interest in Nunavik Inuit Lands by prescription, adverse possession or limitation of action.

8.4.6 The fee simple interest of a MDO in Nunavik Inuit Lands, while held by the MDO, is not subject to mortgage, attachment, charge, seizure, distress, execution or power of 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 Offshore Overlap Agreement.

Part 8.5: Vesting of Nunavik Inuit Lands Upon Ratification

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.

Part 8.6: Indemnification of Registrar

8.6.1 Canada shall indemnify the Registrar, the Government of Nunavut, or the latter's agents or employees for any liability arising directly or indirectly as a result of the inability of the Registrar to require a survey prior to recording the vesting of title in accordance with this Agreement.

8.6.2 Absent negligence by the Registrar, Canada shall indemnify the Registrar, the Government of Nunavut, or the latter's agents or employees for any liability arising, directly or indirectly, from the issuance of a certificate of title where the liability arises as a result of the lands not being within the jurisdiction of the Registrar.

Part 8.7: Property Descriptions, Surveys and Boundaries

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.

8.7.5 Government shall not be responsible for the costs of surveys associated with the leasing or subdivision of Nunavik Inuit Lands.

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.

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.

8.7.8 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.

8.7.9 Natural boundaries of Nunavik Inuit Lands along tidal waters shall be located at the ordinary high water mark of those tidal waters, unless otherwise indicated in an official plan of survey or other property description.

8.7.10 Notwithstanding sections 8.7.4 and 8.7.8 and the descriptions of lands in schedules 8-1 to 8-3, natural boundaries of Nunavik Inuit Lands shall move with the various natural processes of erosion and accretion, including isostatic rebound of coastal areas, and any other natural movement of the natural feature in relation to which the boundary is described that is gradual and imperceptible from moment to moment.

Part 8.8: Contaminated Sites

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.

8.8.2 After the effective date of this Agreement, the parties may agree that a site not listed in Schedule 8A, was a contaminated site on the effective date of this Agreement and, upon consent of the parties, the list in Schedule 8A shall be considered to have been amended to include that site.

8.8.3 Any dispute as to whether a contaminated site existed on the effective date of this Agreement 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 of this Agreement, 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.

8.8.5 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

8.8.6 Government shall not be liable for any loss or damage to Nunavik Inuit, Makivik or a MDO from contaminated sites on Nunavik Inuit Lands whether or not they are known on the effective date of this Agreement. This provision does not affect any obligation of government under sections 8.8.1 and 8.8.4.

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.

Schedule 8A: Contaminated Sites (8.8.1, 8.8.2, 8.8.3)

Note: No contaminated sites identified as of the effective date of this Agreement.

Schedule 8-1: NMR Zone A

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, and the Areas of Equal Use and Occupancy of the Nunavut Land Claim Agreement (NLCA), as described in Schedule 27-1, the NMR Zone A, as illustrated in Schedule 8-1a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 2c of Schedule 28-1, on the boundary of Québec, south of Riviere Devaux, at the intersection of 56°42'51" N latitude and approximate 76°32'10" W longitude, for greater certainty being also point 12 of Schedule 2 of Schedule 28-1;
2. thence west following 56°42'51" N latitude to a point at the intersection with 76°37'21" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 11 of Schedule 2 of Schedule 28-1;
3. thence northwesterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°43'12" N latitude and 76°38'28" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 10 of Schedule 2 of Schedule 28-1;
4. thence west following 56°43'12" N latitude to a point at the intersection of 77°25' W longitude, coincident with the Nunavut Settlement Area (NSA), as defined in the NLCA, west of the Nastapoka Islands, for greater certainty being also point 9 of Schedule 2 of Schedule 28-1;
5. thence north, coincident with the NSA, following 77°25' W longitude to a point at the intersection of 57°00' N latitude, southeast of the King George Islands and west of the Nastapoka Islands, for greater certainty being also point 11 of Schedule 1 of Schedule 28-1;
6. thence northwesterly, coincident with the NSA, to a point at the intersection of 57°40' N latitude and 78°00' W longitude, for greater certainty being also point 12 of Schedule 1 of Schedule 28-1;
7. thence westerly, coincident with the NSA, to a point at the intersection of 58°00' N latitude and 79°45' W longitude, northwest of the Marcopeet Islands, for greater certainty being also point 15 of Schedule 3-2;
8. thence westerly, coincident with the NSA, to the intersection of 58°10' N latitude and 81°00' W longitude, southwest of Farmer Island, for greater certainty being also point 16 of Schedule 3-2;
9. thence northerly, following a geodesic line, coincident with the NMR, to a point at the intersection with 58°45'00" N latitude, at approximate 80°57'32" W longitude, northwest of Farmer island;
10. thence east, following 58°45'00" N latitude, to its intersection with 79°45'00" W longitude, north of the Marcopeet Islands and southeast of the Ottawa Islands;
11. thence north, following a geodesic line, to a point at the intersection of 60°00' N latitude and 79°45' W longitude, northeast of Bronson Island;
12. thence west, following 60°00' N latitude to a point at the intersection with the NMR, as defined in Schedule 3-2, at approximate 80°52' 50" W longitude, northwest of J. Gordon Island of the Ottawa Islands;
13. thence northerly, following a geodesic line, to the intersection of 62°00' N latitude and 80°45' W longitude, west of Mansel Island, being a point coincident with the NSA and, for greater certainty, being also point 17 of Schedule 3-2;
14. thence northeast, coincident with the NSA, to the intersection of 62°30' N latitude and 80°00' W longitude, northwest of Mansel Island, for greater certainty being also point 18 of Schedule 3-2;
15. thence northeasterly, coincident with the NSA, to the intersection of 63°00' N latitude and 77°40' W longitude, southeast of Nottingham Island, for greater certainty being also point 19 of Schedule 3-2;
16. thence northeasterly, coincident with the NSA, to the intersection of 63°12' N latitude and 77°00' W longitude, southeast of Nottingham Island and southwest of Salisbury Island;
17. thence northeasterly, coincident with the NSA, to the intersection of 63°25' N latitude and 76°10' W longitude, approximately equidistant between the northern Québec and Baffin Island coasts, east of Salisbury Island, for greater certainty being also point 23 of Schedule 3-2;
18. thence easterly, coincident with the NSA, to the intersection of 63°15' N latitude and 74°00' W longitude, north of Charles Island, for greater certainty being also point 24 of Schedule 3-2;
19. thence southeasterly, coincident with the NSA, to the intersection of 61°38' N latitude and 69°00' W longitude, northeast of Quaqtaq, Québec, for greater certainty being also point 25 of Schedule 3-2;
20. thence southeasterly, coincident with the NSA, to the intersection of 61°00' N latitude and 64°55' W longitude, northwest of the Button Islands, for greater certainty being also point 26 of Schedule 3-2;
21. thence southerly, following a geodesic line, to the intersection of 60°30'00" N latitude and 64°56'30" W longitude, west of Killiniq Island;
22. thence south, following 64°56'30" W longitude to its intersection with the boundary of Québec, at approximate 60°16'10" N latitude, southwest of the Qikirtagalait Islands;

thence westerly and southerly, along the boundary of Quebec, to the point of commencement.

Subject to Article 8 and in accordance with Schedule 28-1, all NMR Zone A islands, are Nunavik Inuit Lands, less the following:

1. Taylor Island per Certificate of Title Number 164, Nunavut Land Titles Office;
2. Digges Island: Eastern portion of Digges Island, encompassing approximately 7.4 square kilometers, subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1b;
3. Awrey Island: At approximate 62°08' N latitude and 79°16' W longitude.
4. Akpatok Island: The following three parcels:
   • Parcel 1, northern portion of Akpatok Island, encompassing approximately 52.3 square kilometers, located between Northeast Cliff and D'Aeth Point, subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1c;
   • Parcel 2, southern portion of Akpatok Island, encompassing approximately 56.1 square kilometers, located between Clutterbuck Head and Umiak Cove subject to survey and approval by Makivik and Government, as illustrated on Schedule 8-1d;
   • Parcel 3, subject to survey and approval by Makivik and Government, encompassing the abandoned exploration camp site north of Gregson Creek at approximate 60º 25' 35" N latitude and 68º 20' 01" W longitude.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-1a : NMR Zone A

Schedule 8-1b: NMR Zone A, Digges Island Exclusion Panel

Schedule 8-1c: NMR Zone A, Akpatok Island Exlusion Parcel 1

Schedule 8-1d : NMR Zone A, Akpatok Island Exlusion Parcel 2

Schedule 8-2: NMR Zone B

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, and the Areas of Equal Use and Occupancy of the Nunavut Land Claim Agreement (NLCA), as described in Schedule 27-1, the NMR Zone B, as illustrated on Schedule 8-2a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 2b of Schedule 28-1, on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55" N latitude and approximate 79°45' 00" W longitude;
2. thence northwesterly following the geodesic line to a point at the intersection of 54°46' N latitude and 80°00' W longitude, southwest of Long Island;
3. thence north following 80°00' W longitude to a point at the intersection of 55°00' N latitude, northwest of Long Island, being coincident with the Nunavut Settlement Area (NSA), as defined in the NLCA;
4. thence east, coincident with the NSA, following 55°00' N latitude to a point at the intersection with 79°45' W longitude, north of Long Island, for greater certainty being also point 6 of Schedule 1 of Schedule 28-1;
5. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°15' N latitude and 79°00' W longitude, northeast of Long Island and southwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 7 of Schedule 1 of Schedule 28-1;
6. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°45' N latitude and 78°00' W longitude, northwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 8 of Schedule 1 of Schedule 28-1;
7. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°00' N latitude and 77°30' W longitude, east of the Innetalling Island and northwest of Duck Island, for greater certainty being also point 9 of Schedule 1 of Schedule 28-1;
8. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°22' N latitude and 77°25' W longitude, east of the Salliquit Islands and west of the Nastapoka Islands, for greater certainty being also point 10 of Schedule 1 of Schedule 28-1;
9. thence, coincident with the NSA, due north following 77°25' W longitude to a point at the intersection of 56°43'12" N latitude, west of the Nastapoka Islands, for greater certainty being also point 4 of Schedule 4 of Schedule 28-1;
10. thence east, as illustrated in Schedule 2c of Schedule 28-1, following 56°43'12" N latitude to a point at the intersection of 76°38'28" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 3 of Schedule 4 of Schedule 28-1;
11. thence southeasterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°42'51" N latitude and 76°37'21" W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 2 of Schedule 4 of Schedule 28-1;
12. thence east following 56°42'51" N latitude to a point at the intersection with the boundary of Québec south of Riviere Devaux, at approximate 76°32'10" W longitude, for greater certainty being also point 1 of Schedule 4 of Schedule 28-1;

thence in a general southerly direction following the boundary of Québec to the point of commencement.

Subject to Article 8, and in accordance with Article 28 and Schedule 28-1, all NMR Zone B lands, are jointly owned by the MDO and GDO, less the following:

1. Gillies Island per Certificate of Title 164, Nunavut Land Titles Office;
2. Long Island; Lot 1, Group 432, Plan 783, per Certificate of Title 13904, Nunavut Land Titles Office.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-2a: NMR Zone B

Schedule 8-3: NMR Zone C

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit, appended as Schedule 28-1, the NMR Zone C, as illustrated on Schedule 8-3a, includes all the marine area, islands, lands and waters within the following boundary:

1. Commencing, as illustrated on Schedule 1b of Schedule 28-1, on the boundary of Québec, south of Chisasibi, at the intersection of 53°45'31" N latitude and approximate 79°04'56" W longitude, for greater certainty being also point 1 of Schedule 1 of Schedule 28-1;
2. thence west following 53°45'31" N latitude to a point at the intersection of 79°06'55" W longitude, south of Tiny Island and north of locally known Aahchikuyaaniminishtikw Island, for greater certainty being also point 2 of Schedule 1 of Schedule 28-1;
3. thence northwesterly following the geodesic line to a point at the intersection of 54°00' N latitude and 80°50' W longitude, for greater certainty being also point 3 of Schedule 1 of Schedule 28-1;
4. thence northwesterly following the geodesic line to a point at the intersection of 54°30' N latitude and 81°20' W longitude, northwest of Bear Island, for greater certainty being also point 4 of Schedule 1 of Schedule 28-1;
5. thence northeasterly following the geodesic line to a point at the intersection of 55°00' N latitude and 81°00' W longitude, east of Cape Henrietta Maria, Ontario, being a point coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement, for greater certainty being also point 5 of Schedule 1 of Schedule 28-1;
6. thence east, coincident with the NSA, following 55°00' N latitude to a point at the intersection with 80°00' W longitude, northwest of Long Island, for greater certainty being point 3 of Schedule 2 of Schedule 28-1;
7. thence south along 80°00' W longitude to the intersection of 54°46' N latitude, southwest of Long Island, for greater certainty being point 2 of Schedule 2 of Schedule 28-1;
8. thence southeasterly, as illustrated on Schedule 2b of Schedule 28-1, following the geodesic line to a point on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55" N latitude and approximate 79°45' 00" W longitude; for greater certainty being point 1 of Schedule 2 of Schedule 28-1;

thence generally southerly following the boundary of Québec to the point of commencement.

As per this Agreement, the Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the NLoi sur les titres biens-fondsunavik Inuit as described in Schedule 6 and illustrated in Schedule 6a of Schedule 28-1, the following are the only Nunavik Inuit Lands within NMR Zone C :

1. Grass Island (Aamishkushiiunikaach) of which the centre is located at approximately 53°47'50" N latitude and 79°06'40" W longitude; and
2. the lands bounded within the following coordinates:
   1. 53°50'06" N Latitude and 79°07'59" W Longitude;
   2. 53°50'13" N Latitude and 79°04'11" W Longitude;
   3. 53°49'46" N Latitude and 79°04'27" W Longitude;
   4. 53°49'40" N Latitude and 79°05'00" W Longitude;
   5. 53°49'25" N Latitude and 79°05'35" W Longitude;
   6. 53°49'31" N Latitude and 79°07'20" W Longitude;
   7. 53°49'49" N Latitude and 79°08'00" W Longitude;

For greater certainty, included within the bounded area are the following named islands:

• Governor Island: the centre of which is located at approximately 53°49'45" N latitude and 79°06'00" W longitude (locally known as Uchimaauminishtikw);
• Sam Island: the centre of which is located at approximately 53°50'00" N Latitude and 79°06'00" W Longitude; and
• Seal Islands: the centre of which is located at approximately 53°49'45" N latitude and 79°07'30" W longitude (locally known as Aahchikuminishtikw).

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail. When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail. All coordinates are in reference to North American Datum 1927 (NAD 27).

Schedule 8-3a: NMR Zone C

Article 9: Purposes of Nunavik Inuit Lands

9.1 The primary purpose of Nunavik Inuit Lands shall be to provide Nunavik Inuit with rights in land that promote economic self-sufficiency of Nunavik Inuit through time, in a manner consistent with Nunavik Inuit social and cultural needs and aspirations.

9.2 To achieve the above, Nunavik Inuit Lands shall include areas with the following characteristics, not in any order of priority:

1. areas of value principally for renewable resource reasons, including:
   1. areas of current or potential Nunavik Inuit wildlife harvesting;
   2. areas of significant biological productivity or of value for conservation purposes;
   3. areas of high potential for propagation, aquaculture, cultivation or husbandry;
   4. areas of current or potential occupation for Nunavik Inuit campsites;
   5. areas of important Nunavik Inuit travel routes;
   6. areas of value for tourism development including outfitting campsites and for other tourist opportunities; and
   7. areas of value for other forms of renewable resource development and related infrastructure including hydroelectric and tidal power generation.
2. areas of value for non-renewable resources and for development of nonrenewable resources, including:
   1. areas of known or potential mineral deposits;
   2. sand, gravel and other construction materials;
   3. areas of value for various operations and infrastructure associated with the development of non-renewable resources; and
   4. deposits of carving stone;
3. areas of other commercial value;
4. areas of archaeological or historical significance to Nunavik Inuit; and
5. areas of cultural, religious or spiritual significance to Nunavik Inuit.

9.3 The parties agree that the provisions of this Article have been complied with in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

9.4 Neither Government nor Inuit shall have a claim or a cause of action based on noncompliance with this Article in respect of Nunavik Inuit Lands vested on the effective date of this Agreement.

Part 11.1: Definitions

11.1.1 In this Article:

"protected area"

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 Agency;
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.

11.1.2 The remuneration and expenses incurred by the conciliator under this Article shall be borne by the Government of Canada.

Part 11.2: Establishment of Protected Areas

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.

11.2.2 No land use plan shall apply within or amend the boundaries of protected areas once established.

11.2.3 Development impact assessment shall apply to project proposals in protected areas.

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.

11.2.6 The establishment, disestablishment or changing of the boundaries of National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves shall be done in consultation with a MDO.

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.

Part 11.3: Planning and Management of Protected Areas

11.3.1 Government and Makivik agree to the general desirability of involving Nunavik Inuit in the planning and management of protected areas. Accordingly, in addition to all other rights and benefits in this Article, a MDO shall be consulted in the planning and management of protected areas.

11.3.2 A joint Nunavik Inuit/Government management advisory committee ("committee") shall be established through an Impact and Benefits Agreement for each protected area when requested either by Government or a MDO.

11.3.3 If established, the committee shall consist of equal numbers of members appointed by the appropriate MDO and the appropriate Minister.

11.3.4 A committee may advise the Minister or the Minister's designate, the NMRWB, or other agencies, as it deems appropriate, on all matters related to protected areas management.

11.3.5 Management plans for a protected area shall be developed by Government within five (5) years of the establishment of the protected area. Such plans shall be based on the recommendations of the committee, where such a committee is established, taking into account the recommendations of other interested persons and bodies. Upon review by the committee, such plans shall be forwarded to the Minister for consideration, and approval. Such plans shall be reviewed and may be revised as provided in the plan.

11.3.6 Each committee shall prepare an annual operating budget to be forwarded to Government for consideration and approval. Government shall pay the approved annual operating expenses of the committee.

Part 11.4: Impact and Benefit Agreements (IBAs)

11.4.1 No protected area shall be established until the obligations set out in sections 11.4.2 and 11.4.3 have been complied with.

11.4.2 Prior to the establishment of a protected area, Government and a MDO shall negotiate, in good faith, for the purpose of concluding an IBA. An IBA negotiated under this Article shall include any matter connected with the proposed protected area where that matter would have a detrimental impact on Nunavik Inuit, or could reasonably confer a benefit on Nunavik Inuit. In particular, but without limiting the generality of the foregoing, the matters identified in Schedule 11-1 and Schedule 11-2 shall be considered appropriate for negotiation and inclusion within an IBA in relation to a federal protected area and a territorial protected area respectively.

11.4.3 If the Government responsible for the establishment of the protected area and the MDO cannot agree on the terms of an IBA within 180 days or such further period of time as Government and the MDO may agree, they shall select a conciliator who shall submit a report to the Government and the MDO for consideration. If the Government and the MDO cannot agree following conciliation, the conciliator, Government and Makivik shall each submit a separate report to the Minister for his consideration and decision on the terms of the IBA.

11.4.4 Notwithstanding sections 11.4.1 and 11.4.2, the obligation to conclude an IBA with respect to protected areas shall:

1. not apply to a protected area so long as the protected area does not raise any matter that would have a detrimental impact on Nunavik Inuit or that could reasonably confer a benefit on Nunavik Inuit; and
2. apply in any situation where it is intended that a protected area established for one purpose be re-established for a different purpose where such reestablishment would have a detrimental impact on Nunavik Inuit or could reasonably confer a benefit on Nunavik Inuit.

11.4.5 Notwithstanding sections 11.4.1 and 11.4.2, in cases of emergency, such as the establishment of a critical wildlife area, the IBA may be concluded immediately following, rather than prior to, the establishment of the protected area.

11.4.6 Except where an IBA in good standing indicates otherwise, every IBA shall be renegotiated at least every seven (7) years.

Part 11.5: Marine Protected Areas

11.5.1 Government and Makivik agree to the general desirability of involving Nunavik Inuit in the planning and management of Marine Protected Areas.

11.5.2 The establishment of Marine Protected Areas and the amendment of boundaries of Marine Protected Areas shall be in conformity with an applicable land use plan, if any.

11.5.3 No land use plan shall apply to or within the boundaries of Marine Protected Areas once established.

11.5.4 Development impact assessment shall apply to project proposals in Marine Protected Areas.

11.5.5 The establishment, disestablishment or changing of the boundary of a Marine Protected Area is subject to the approval of the NMRWB pursuant to paragraph 5.2.4 (a).

11.5.6 Where Government and the NMRWB agree to establish a Marine Protected Area, the establishment of the Marine Protected Area shall, except as otherwise provided in Part 11.5, first require the development of:

1. a management plan for the Marine Protected Area; and
2. a Marine Protected Area agreement.

11.5.7 For greater certainty, and except as provided for in section 11.5.11, a Marine Protected Area cannot be established without the agreement of Government and the NMRWB.

11.5.8 Where Government and the NMRWB are unable to agree on the contents of the management plan, the parties shall enter into conciliation. In the event that Government and the NMRWB cannot agree on the selection of a conciliator, the Minister may select a conciliator. If Government and the NMRWB cannot agree on the content of the management plan following the conciliation, the conciliator, Government and the NMRWB shall each submit a separate report to the Minister for the Minister's consideration and decision on the contents of the management plan.

11.5.9 Prior to the establishment of a Marine Protected Area, Government and Makivik, unless they otherwise agree, shall attempt to negotiate a Marine Protected Area agreement with respect to those matters set forth in Schedule 11-3. Where Government and Makivik are unable to achieve an agreement through negotiation, they shall enter into conciliation. In the event that Government and Makivik cannot agree on the selection of a conciliator, the Minister may select a conciliator. If Government and Makivik cannot agree to a Marine Protected Area agreement following conciliation, the conciliator, Government and Makivik shall each submit a separate report to the Minister for the Minister's consideration and recommendation to the parties on the matters set forth in Schedule 11-3.

11.5.10 A failure of the parties to achieve a Marine Protected Area agreement following completion of the process set out in section 11.5.9 shall not preclude establishment of a Marine Protected Area.

11.5.11 Notwithstanding anything else in Part 11.5, in cases of emergency, Government may create a Marine Protected Area without following the process otherwise set out in Part 11.5 in which event Government shall advise the NMRWB as soon as possible after creating the Marine Protected Area on the necessity of the action and the terms and conditions attached to the Marine Protected Area.

Part 11.6: Nunavik Inuit Access

11.6.1 In addition to any other rights of access and use enjoyed by or flowing to Nunavik Inuit, Nunavik Inuit have entry to protected areas and Marine Protected Areas at no cost.

Part 11.7: Information

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.

Part 11.8: Dedication

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.

Part 11.9: Interpretation

11.9.1 In the event of any conflict between this Article and Article 5, Article 5 shall prevail.

Schedule 11-1: Matters Appropriate for Impact and Benefit Agreements in Relation to Federal Protected Areas

1. Management advisory committee.
2. Employment rotation reflecting Nunavik Inuit needs and preferences.
3. Business opportunities for Nunavik Inuit in relation to all protected areas services and facilities including:
   1. provision of expert advice; and
   2. tourist packages and promotion.
4. Language of work in protected areas services and facilities.
5. Nunavik Inuit access to protected areas services and facilities.
6. Important environmental concerns, particularly disruption of wildlife, including measures for protection and conservation.
7. Nunavik Inuit campsites.
8. Insofar as use of the protected area affects Nunavik Inuit, such matters as:
   1. land use activities permitted in the protected area;
   2. zones and other matters requiring special protection, limitations or restrictions on use;
   3. types, forms and modes of technology and transportation permitted; and
   4. protection and management of archaeological sites and sites of religious or cultural significance.
9. The information flow and interpretation including liaison between Nunavik Inuit and the appropriate protected area agency regarding protected areas cooperative management and Nunavik Inuit participation and concerns.
10. Relationship to prior and subsequent IBAs.
11. Arbitration and amendment provisions.
12. Implementation and enforceability.
13. Any other matters the parties consider to be relevant to the needs of the protected area and Nunavik Inuit.

Schedule 11-2: Matters Appropriate for Impact and Benefit Agreements in Relation to Territorial Protected Areas

1. Management advisory committee.
2. Nunavik Inuit access to protected areas services and facilities.
3. Important environmental concerns, particularly disruption of wildlife, including measures for protection and conservation.
4. Nunavik Inuit campsites.
5. Insofar as use of the protected area affects Nunavik Inuit, such matters as:
   1. land use activities permitted in the protected area;
   2. zones and other matters requiring special protection, limitations or restrictions on use;
   3. types, forms and modes of technology and transportation permitted; and
   4. protection and management of archaeological sites and sites of religious or cultural significance.
6. The information flow and interpretation including liaison between Nunavik Inuit and the appropriate protected area agency regarding protected areas cooperative management, and Nunavik Inuit participation and concerns.
7. Relationship to prior and subsequent IBAs.
8. Arbitration and amendment provisions.
9. Implementation and enforceability.
10. Any other matters the parties consider to be relevant to the needs of the protected area and Nunavik Inuit.

Schedule 11-3: Matters for Possible Inclusion in the Marine Protected Area Agreement in Relation to Marine Protected Areas

1. Contracting opportunities with Government for Nunavik Inuit in relation to Marine Protected Area activities and services, particularly enforcement, research and monitoring.
2. Employment opportunities with Government for Nunavik Inuit arising from the Marine Protected Area, particularly enforcement, research and monitoring.
3. Any effects of the Marine Protected Area on Nunavik Inuit uses of that area.
4. Communication strategy.
5. Dispute resolution procedure and amendment provisions.
6. Implementation of the Marine Protected Area agreement.
7. Any other matters the parties consider to be relevant.

Part 12.1: General

12.1.1 Except as otherwise provided for in this Agreement, a person other than a Nunavik Inuk may not enter, cross or remain on Nunavik Inuit Lands without the consent of the MDO.

12.1.2 For greater certainty, a Nunavik Inuk and Nunavik Inuit may enter, cross or remain on Nunavik Inuit Lands at any time.

Part 12.2: Public Access

12.2.1 The public has a right of access to a 100 foot (approximately 30.5 metre) strip of Nunavik Inuit Lands bounding the sea coast, navigable rivers and navigable lakes that can be entered from the said rivers. The said strip shall be measured from the ordinary high water mark of the sea coast and the said navigable rivers, lakes and water bodies. The right of access includes access to the foreshore adjacent to the said strip.

12.2.2 No person exercising the right of access referred to in section 12.2.1 shall establish camps or structures other than for merely casual or temporary purposes, engage in any development activity or harvest on the said strip.

12.2.3 Where the MDO requires exclusive possession, the right of access referred to in section 12.2.1 and the right to cross Nunavik Inuit Lands referred to in section 12.2.6 may be removed with the agreement of the MDO and Government.

12.2.4 A member of the public may enter and remain on Nunavik Inuit Lands for emergency purposes.

12.2.5 A member of Parliament, the Legislative Assembly, or any municipal council or regional government, or a candidate for election to any of such bodies, or a person accompanying and assisting any such member or candidate, may enter on Nunavik Inuit Lands for the purpose of campaigning for an official election.

12.2.6 Members of the public may cross Nunavik Inuit Lands for the purpose of personal or casual travel, such as to go to or from their place of work or to or from a place of recreation. Whenever possible, crossings shall take place on routes designated by the MDO. The right to cross shall include the right to make any necessary stops.

12.2.7 With the consent of the MDO, persons conducting research for any purposes other than those referred to in section 12.3.6 shall have a right of access to Nunavik Inuit Lands in accordance with terms and conditions imposed by the MDO, other than the payment of fees.

12.2.8 The rights of access to Nunavik Inuit Lands set out in Part 12.2 is subject to the conditions that there be:

1. no significant damage caused whether by way of physical alteration to the land or otherwise;
2. no mischief committed; and
3. no significant interference with Nunavik Inuit use and quiet enjoyment of such lands.

12.2.9 Persons exercising rights under Part 12.2 shall be:

1. liable for damages caused to the lands; and
2. deemed to be trespassers and may be removed from the land, if they fail to comply with the conditions of Part 12.2.

12.2.10 The rights of access to Nunavik Inuit Lands under Part 12.2 are not subject to the payment of any fee, or any term or condition, except as provided in Part 12.2.

Part 12.3: Government Access

12.3.1 Agents, employees and contractors of Government, members of the Canadian Forces and peace officers shall have the right, in accordance with these provisions, to enter, to cross and to remain on Nunavik Inuit Lands to carry out legitimate government purposes relating to the lawful delivery and management of their programs and to carry out duties in accordance with the law of Canada.

12.3.2 Except for where agents, employees and contractors of Government need access to Nunavik Inuit Lands for the purpose of wildlife management and research, or for the establishment of navigational aids pursuant to section 12.3.11, should Government, the Canadian Forces or the Royal Canadian Mounted Police require continuing use or occupancy of Nunavik Inuit Lands for more than eighteen (18) months, including use of unmanned facilities, the MDO may require Government to obtain an interest in the land.

12.3.3 Government shall be liable for damages caused to the lands by any person exercising rights pursuant to sections 12.3.1 and 12.3.11.

12.3.4 In a case where more than insignificant damage may be caused to the land, or where there may be more than insignificant interference with Nunavik Inuit use and quiet enjoyment of the land, Government shall consult the MDO and seek its agreement regarding the terms and conditions for exercising government access under section 12.3.1 or 12.3.11. Where agreement cannot be achieved, the matter shall be referred to arbitration as set out in Article 24. The activities of peace officers, federal investigators and law enforcement officers carrying out duties under the law of Canada shall not be subject to this section.

12.3.5 Without limiting the generality of section 12.3.4, terms and conditions required under that section for exercising government access shall ensure that:

1. environmental protection measures are consistent with the provisions of this Agreement;
2. information is provided; and
3. location, time and duration of access is addressed.

12.3.6 Government agents, employees and contractors exercising access pursuant to section 12.3.1 for the purposes of wildlife management and wildlife research shall be subject to the approval of the NMRWB subsequent to consultation with the RNUK.

12.3.7 In the event that any person exercising access under section 12.3.1 or 12.3.11 causes damage to Nunavik Inuit Lands, and Government and the MDO are unable to agree on compensation for damages, the matter shall be referred to arbitration as set out in Article 24 for the determination of liability and fixing of appropriate compensation.

12.3.8 The Department of National Defence (DND) shall have no greater rights to conduct military manoeuvres, including exercises and movements, on Nunavik Inuit Lands than it has with respect to other non-public lands under generally applicable legislation. For greater certainty, this section shall prevail over sections 12.3.9 and 12.3.10.

12.3.9 The Minister of National Defence may authorize access to Nunavik Inuit Lands for the execution of manoeuvres by the Canadian Forces pursuant to s. 257 of the National Defence Act and with the exception of section 12.3.8 nothing in Part 12.3 applies to or affects such access authorized by the Minister of National Defence.

12.3.10 Other than access for those manoeuvrers referred to in section 12.3.9, access and across Nunavik Inuit Lands for each manoeuvrer shall only occur after the negotiation and conclusion of an agreement with the MDO respecting contact persons, consultation mechanisms and timing thereof and compensation for damages, which agreement may be amended from time to time. Land use fees shall not be charged.

12.3.11 Subject to sections 12.3.3, 12.3.4, 12.3.5, and 12.3.7, Government may maintain and establish navigational aids on Nunavik Inuit Lands. Navigation aids shall be the property of Government and may not be interfered with by any person while such aids are on Nunavik Inuit Lands and water on Nunavik Inuit Lands.

12.3.12 The rights of access to Nunavik Inuit Lands under Part 12.3, except under section 12.3.2 are not subject to the payment of any fee, or any term or condition except as provided in Part 12.3.

Part 12.4: Expropriation

12.4.1 Any person or authorized representative of any person, who has power of expropriation under federal or territorial legislation (expropriating authority), may exercise that power of expropriation in accordance with laws of general application as qualified by this Agreement.

12.4.2 Nothing in Part 12.4 shall be construed to give the Government of Nunavut more extensive powers of expropriation than are given to the legislatures of the Provinces.

12.4.3 An expropriation shall be approved by a specific order of the Governor-in-Council.

12.4.4 Any expropriation legislation coming into force after the effective date of this Agreement shall, insofar as it applies to Nunavik Inuit Lands, provide for the following minimum procedures:

1. notice of intention to expropriate served on the MDO;
2. an opportunity for the MDO to object to the expropriation on the basis that the expropriating authority has not complied with the expropriation legislation, and an opportunity to be heard on that objection; and
3. the determination of compensation by negotiation and mediation and, failing that, by reference to arbitration or the committee referred to in section 12.4.8.

12.4.5 Where an interest in Nunavik Inuit Lands is expropriated, the expropriating authority shall, if reasonably possible, offer compensation in the form of alternate lands, in accordance with the purposes and principles of Nunavik Inuit Lands set out in Articles 9 and 10, or in combination of lands and money.

12.4.6 Where the expropriating authority acquires an estate in fee simple, those lands shall no longer be Nunavik Inuit Lands. Lands provided as compensation for expropriation shall be Nunavik Inuit Lands. Where lands which have been expropriated are no longer required, the MDO shall have an option for six (6) months following such a determination to re-acquire those lands as Nunavik Inuit Lands. If the parties are unable to agree on a price, the matter shall be referred to the arbitrators or the committee referred to in section 12.4.8.

12.4.7 The MDO shall not be required to take compensation in the form of alternate lands.

12.4.8 Where the MDO and the expropriating authority disagree on compensation, and mediation, if provided for, fails, the final determination of any compensation payable shall be:

1. pursuant to arbitration as set out in Article 24, other than for expropriation under the National Energy Board Act; or
2. for expropriation under the National Energy Board Act, by an arbitration committee appointed under the Act that shall include at least one (1) nominee of the MDO. The Minister in establishing the arbitration committee shall choose members who have special knowledge of, and experience related to, the criteria set out in section 12.4.9.

12.4.9 In determining the amount of compensation payable to the MDO, the arbitrators or the committee shall be guided by:

1. the market value of the land;
2. loss of use to the MDO and Nunavik Inuit;
3. the effect on wildlife harvesting by Nunavik Inuit;
4. the adverse effect of the taking, upon lands retained by the MDO;
5. damage which may be caused to the land taken;
6. nuisance, inconvenience and noise to the MDO and Nunavik Inuit;
7. the cultural attachment of Nunavik Inuit to the land;
8. the peculiar and special value of the land to Nunavik Inuit;
9. the effect on rights and benefits otherwise provided Nunavik Inuit by this Agreement;
10. an amount to cover reasonable costs associated with the MDO inspections as deemed appropriate by the arbitrators or the committee;
11. an amount to cover reasonable costs to the MDO associated with the arbitration; and
12. any other factors as may be provided for in legislation.

12.4.10 Where an expropriating authority would have a power of expropriation of Nunavik Inuit Lands, or an interest therein under 12.4.1, that power may not be executed if 12% of all Nunavik Inuit Lands vesting on the effective date of this Agreement or an interest therein has already been and remains expropriated.

12.4.11 In calculating the areas expropriated in section 12.4.10, no account shall be taken of those situations in which the MDO accepted alternative lands pursuant to section 12.4.6.

12.4.12 Where Government has a right under section 12.4.1, as qualified by this Article to expropriate Nunavik Inuit Lands which it requires for public transportation purposes, Government need not pay compensation, except for improvements, for the lands taken up to an amount not exceeding two percent (2%) of Nunavik Inuit Lands in the NMR. Where lands taken under this section are no longer required for the purpose for which they were taken, they shall revert to the MDO at no cost.

12.4.13 In calculating the areas expropriated under section 12.4.10, lands taken pursuant to section 12.4.12 shall be taken into account.

Part 12.5: Sand and Gravel

12.5.1 Notwithstanding anything in this Agreement, if Government requires sand and gravel and other like construction materials from Nunavik Inuit Lands for public purposes but the MDO refuses to permit Government to take the said materials, Government may refer the matter to arbitration as set out in Article 24 of this Agreement for the purposes of obtaining an entry order enabling the removal of such material.

12.5.2 The arbitrators shall grant an entry order if, and only if, they determine that:

1. the materials are required for public purposes and no alternative supply is reasonably available; and
2. no competing Nunavik Inuit need for those materials in that location then exists and no alternative supply for that need is reasonably available.

12.5.3 If an entry order is granted, Government shall pay the MDO for the materials removed, the greater of:

1. $1.00 (1993$) per cubic metre, valued on the effective date of this Agreement and indexed by the Final Domestic Demand Implicit Price Index; or
2. the royalty rate imposed by the Crown, as amended from time to time, on the extraction of such materials from Crown lands.

12.5.4 The arbitrators shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with section 12.4.9. The calculation of compensation shall not take into account any amount mentioned in section 12.5.3, or the payment of any entry fee required by legislation.

12.5.5 An entry order shall include terms and conditions to minimize the damage and interference with Nunavik Inuit use, and shall also provide that Government rehabilitate the site.

Part 12.6: Application and Saving

12.6.1 For greater certainty, any person exercising access rights referred to under this Article, except rights referred to under Part 12.2 and sections 12.3.8 to 2.3.10, shall acquire appropriate authorizations where required, including under Article 7 of this Agreement and Article 13 of the NLCA prior to the exercise of those rights.

12.6.2 Persons exercising rights under this Article have no right of action against the MDO for alleged loss or damage arising from the exercise of those rights.

12.6.3 For greater certainty, a Nunavik Inuk may be the holder of a third party interest.

Part 13.1: Definitions

In this article:

"government contract"

means a contract, other than a contract for employment in the federal Public Service, between the Government of Canada and a party other than the Government of Canada or any other government for procurement of goods or services, and includes:

1. contracts for the supply of goods;
2. construction contracts;
3. contracts for the supply of services; and
4. leases, other than leases respecting real property.

"Government of Canada"

means all departments and agencies, including departmental corporations and branches designated as departments for purposes of the Financial Administration Act.

"Nunavik Inuit Enterprise"

means an entity which complies with the legal requirements to carry on business in the NMR and which is:

1. a partnership, including a joint venture partnership, at least fifty percent of which is owned by one (1) or more Nunavik Inuit;
2. a co-operative or non share-capital corporation, a majority of whose voting members are Nunavik Inuit;
3. a share-capital corporation, a majority of whose voting shares are beneficially owned by one (1) or more Nunavik Inuit; or
4. a share-capital corporation, a majority of whose voting shares are owned by one (1) of the foregoing entities.

Part 13.2: Employment

13.2.1 The Government of Canada undertakes to take all reasonable and timely measures to provide Nunavik Inuit with priority with respect to federal Public Service employment opportunities in the NMR.

13.2.2 If Federal Public Service employment opportunities exist in the NMR, the Government of Canada is committed to awarding those opportunities so as to achieve a public service in the NMR which reflects the ratio of Nunavik Inuit to all other residents in Nunavik.

13.2.3 The Government of Canada shall remove employment barriers for Nunavik Inuit in relation to Federal Public Service positions within the NMR by reviewing job qualifications and recruitment procedures and removing inappropriate requirements in respect of cultural factors, experience or education.

Part 13.3: Contracts

13.3.1 The Government of Canada shall provide reasonable support and assistance to Nunavik Inuit enterprises as set out in this part to enable them to compete for government contracts.

13.3.2 If the Government of Canada contracts for the procurement of goods or services in the NMR, Nunavik Inuit Enterprises shall, subject to meeting the technical and administrative conditions of the request for goods or services, be given fair consideration.

13.3.3 In inviting bids on Government of Canada contracts for the procurement of goods or services in the NMR, the Government of Canada shall provide all reasonable opportunities to Nunavik Inuit Enterprises enumerated on the list referred to in section 13.3.5 to submit competitive bids and in doing so, shall take, where practicable and consistent with sound procurement management, the following measures:

1. set the date, location and terms and conditions for bidding so that Nunavik Inuit businesses may readily bid;
2. invite bids by commodity groupings to permit smaller and more specialized firms to bid;
3. permit bids for goods and services for a specified portion of a larger contract package to permit smaller and more specialized firms to bid;
4. design construction contracts so as to increase the opportunity for smaller and more specialized firms to bid; and
5. avoid artificially inflated employment skills requirements not essential to the fulfilment of the contract.

13.3.4 Whenever practicable and consistent with sound procurement management, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by the Government of Canada for the awarding of its government contracts for the procurement of goods and services in the NMR:

1. the existence of head offices, administrative offices or other facilities in the NMR;
2. the employment of Nunavik Inuit labour, engagement of Nunavik Inuit professional services, or use of suppliers that are Nunavik Inuit or Nunavik Inuit enterprises in carrying out the contracts; and
3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for Nunavik Inuit.

13.3.5 The MDO shall prepare and maintain a comprehensive list of Nunavik Inuit enterprises, together with information on goods and services which they would be in a position to supply in relation to contracts offered by the Government of Canada. This list shall be considered, where practicable and consistent with sound procurement practices, by the Government of Canada in meeting their obligations under this Article.

Schedule 14-1: List of Flora

Brown Seaweed:

• Fucus sp. (Rockweeds)
  • Fucus vesiculosus
  • Fucus evenescens
  • Fucus filiformis
• Ascophyllum nodosum (Knotted Wrack)
• Ascophyllum mackaii
• Kelp
  • Laminaria longicruris (Hollow-Stemmed Kelp)
  • Laminaria agardhii (Common Kelp)
  • Laminaria digitata (Horsetail Kelp)
  • Agarum cribrosum (Sea Colander)
  • Alaria sp. (Edible Kelp)

Red Seaweed:

• Porphyra sp.
• Euthora sp.
• Ahnfeltia sp.
• Phyllophora sp.
• Gigartina stellata (Tufted Red Weed)
• Rhodymenia palmata (Dulse)

Green Seaweed:

• Enteromorpha sp. (Hollow Green Weeds)
• Ulva lactuca (Sea Lettuce)

Part 15.1: Nunavik Inuit Right to Resource Royalty

15.1.1 Nunavik Inuit have the right, in each and every calendar year, to be paid an amount equal to:

1. fifty percent (50%) of the first two million dollars ($2,000,000) of resource royalty received by Government in that year; and
2. five percent (5%) of any additional resource royalty received by Government in that year.

Part 15.2: Payment of Resource Royalty

15.2.1 Government shall pay the Nunavik Inuit Trust the amount due to them pursuant to section 15.1.1 as follows:

1. The Government of Canada shall pay fifty percent on any amount up to two million dollars of resource royalty received by it in each and every calendar year; and
2. In the event that the Government of Canada receives less than two million dollars of resource royalty in a calendar year, the Government of Nunavut shall pay fifty percent on that portion of the resource royalty received by it in that same calendar year that when added to the resource royalty received by the Government of Canada amounts to no more than two million dollars ($2,000,000); and
3. The Government of Canada and the Government of Nunavut shall each pay five percent on any resource royalties received by each of them in addition to the first two million dollars received by Government in each and every calendar year.

15.2.2 Amounts payable by Government pursuant to this Article shall be calculated on the basis of amounts due to and received by Government in respect of resources produced after the effective date of this Agreement.

15.2.3 Payments remitted to the Nunavik Inuit Trust shall be in quarterly payments on an as received basis.

15.2.4 Government shall annually provide the Nunavik Inuit Trust with a statement indicating the basis on which royalties were calculated for the preceding year.

15.2.5 On the request of the Nunavik Inuit Trust, Government shall request the Auditor- General to verify the accuracy of the information in the annual statements.

Part 15.3: Consultation

15.3.1 Government shall consult with the Nunavik Inuit Trust on any proposal specifically to alter by legislation the resource royalty payable to Government. Where Government consults outside of Government on any proposed changes to the fiscal regime which will change the resource royalty regime, it shall also consult with the Nunavik Inuit Trust.

Part 15.4: Area of Application

15.4.1 This Article applies to the NMR.

Part 16.1: Capital Transfer Payments to the Nunavik Inuit Trust

16.1.1 Canada shall make capital transfer payments to the Nunavik Inuit Trust as set out in Schedule A of this Article which shall be calculated by deducting from each amount listed in the Capital Transfer Schedule set out in Schedule B, the corresponding payment from the Negotiation Loans Repayment Schedule set out in Schedule C.

Part 16.2: Negotiation Loan Repayment

16.2.1 By deducting amounts listed in the Negotiation Loans Repayment Schedule set out in Schedule C of this Article, Canada extinguishes any and all obligations Makivik might have had with respect to such loans.

16.2.2 Notwithstanding section 16.2.1, Makivik may request to accelerate the repayment of the outstanding negotiation loan amounts without bonus or penalty, at their option, and the new negotiation loan repayment schedule payment shall be re-calculated such that the present value of the new Schedule C, including accelerated repayments, remains the same using an interest rate of 4.045%. Canada will then recalculate Schedule A in accordance with section 16.1.1.

16.2.3 Except as provided in this part, terms and conditions of the negotiation loans shall remain unaffected.

Schedule A: Provisional Capital Transfer Payment Schedule

Notes to Finalize Schedule A

1. Payments will be made to the Nunavik Inuit Trust in accordance with a final schedule of payments, which shall be incorporated into this Agreement immediately prior to the effective date of this Agreement calculated in accordance with section 16.1.1.

Schedule B: Provisional Capital Transfer Schedule

Notes to Finalize Schedule B

1. The purpose of this note is to enable the parties to calculate the amounts to be shown in the provisional capital transfer schedule and the amounts for the final schedule.
2. A provisional capital transfer schedule will be negotiated prior to the signing of this Agreement such that:
   
   
   1. the provisional schedule will provide for a first amount on the effective date of this Agreement and subsequent amounts on each anniversary date;
   2. the present value of the amounts listed in the provisional schedule will equal $50 million multiplied by the value of the FDDIPI for the 2nd quarter of 2006 and by dividing the resulting product by the value of FDDIPI for the 3rd quarter of 2000; and
   3. the present value referred to in (b) will be calculated using as a discount rate, 4.045%, which is the most recently released 9 year amortized consolidated revenue fund lending rate that the Minister of Finance for Canada has approved prior to the calculation of the provisional schedule, less 0.125 percent.
3. A final schedule will be calculated prior to the effective date of this Agreement by multiplying each amount in the provisional schedule by the value of the FDDIPI for the latest quarter available prior to that date for which FDDIPI has been published by Statistics Canada, and by dividing the resulting product by the value of FDDIPI for the 2nd quarter of 2006.

Schedule C: Provisional Negotiation Loans Repayment Schedule

Notes to Finalize Schedule C

1. The purpose of this note is to enable the parties to calculate the amounts to be shown in the provisional schedule and the amounts for the final schedule of payments.
2. Prior to the signing of this Agreement, the outstanding negotiation loans of Makivik shall be determined up to the time of signing this Agreement and serve to establish a provisional schedule of repayments loans in accordance with the following provisions.
3. A provisional negotiation loan repayment schedule will be negotiated prior to the signing of this Agreement such that:
   1. the provisional schedule of repayments will provide for a first payment on the effective date of this Agreement and subsequent payments on any or all of the anniversary dates;
   2. the present value of the amounts listed in the provisional schedule will equal $12,155,109 which is the outstanding amount of negotiation loans (principal plus accrued interest) as at the date of signature of this Agreement; and
   3. the present value referred to in (b) will be calculated using as a discount rate, 4.045%, which is the most recently released 9 year amortized consolidated revenue fund lending rate that the Minister of Finance for Canada has approved prior to the calculation of the provisional schedule of payments, less 0.125 percent.
4. A final schedule of loan repayment amounts will be calculated prior to the effective date of this Agreement such that:
   1. the present value of the amounts listed in the final schedule will equal the total outstanding amount of negotiation loans (principal plus accrued interest) as at the effective date of this Agreement; and
   2. the present value referred to in (a) will be calculated using as a discount rate, 4.045%, which is the same 9 year amortized consolidated revenue fund lending rate utilized in the calculation of the provisional schedule, less 0.125 percent.
5. The final loan repayment schedule will be incorporated into this Agreement immediately prior to the effective date of this Agreement.

Part 17.1: General

17.1.1 Prior to the effective date of this Agreement, Makivik shall cause to be established by trust deed a Nunavik Inuit Trust to receive the capital transfer payments referred to in Article 16, any resource royalty amounts payable to it under Article 15 and implementation funding referred to in Article 23. The Nunavik Inuit Trust shall receive, hold and administer the Trust Patrimony for the benefit of the Trust Beneficiaries and distribute monies therefrom to the beneficiaries of the Trust, both individually and collectively, for educational, social, cultural and socio-economic needs of Trust Beneficiaries and generally to improve their social, cultural, educational and economic conditions, their quality of life and the quality of community life.

17.1.2 The Nunavik Inuit Trust shall be resident in Canada.

17.1.3 The Nunavik Inuit Trust shall be subject to control by its trustees, who shall be selected by Makivik.

17.1.4 The trust deed establishing the Nunavik Inuit Trust may be amended by Makivik in accordance with the law.

17.1.5 The rule commonly known as the Rule against Perpetuities shall not apply to the Nunavik Inuit Trust which shall have a duration of no more than two hundred (200) years.

17.1.6 The Nunavik Inuit Trust shall provide for the protection and enhancement of settlement assets based on sound management practices.

17.1.7 Subject to section 17.1.5, the Nunavik Inuit Trust shall be subject to laws of general application including applicable tax laws.

Part 17.2: Access to Information

17.2.1 Makivik shall provide the following information freely to all Nunavik Inuit:

1. the trust deed establishing and governing the Nunavik Inuit Trust;
2. the constituting documents of any corporate beneficiaries of the Nunavik Inuit Trust; and
3. annual reports of the Nunavik Inuit Trust and any corporate beneficiaries.

Part 17.3: Standing

17.3.1 In addition to any relevant rights at common law or provided through legislation, all Nunavik Inuit shall have standing in a court of competent jurisdiction to enforce the objects and other provisions of the trust deed and the constituting documents of any corporate beneficiaries of the Nunavik Inuit Trust.

Part 18.1: General Rules

18.1.1 There shall be no federal or territorial tax or municipal government tax of any kind or nature whatsoever, or similar charges exigible in respect of the payment to or receipt by Makivik, the MDO or the Nunavik Inuit Trust, of the following amounts paid by the Government of Canada pursuant to this Agreement:

1. any capital transfer referred to in Article 16;
2. any implementation monies or funds referred to in Article 23.

18.1.2 Subject to section 18.1.1, tax laws of general application shall apply to Makivik, a MDO, the Nunavik Inuit Trust or any other recipient of a portion of the capital transfer, and to the recipient of any capital or income from Makivik, a MDO or the Nunavik Inuit Trust.

18.1.3 Nunavik Inuit Lands shall be deemed not to be reserves for the purposes of s. 87 of the Indian Act, R.S.C. 1985, c.I-5.

Part 18.2: Income From Nunavik Inuit Lands and Depreciable Property

18.2.1 All profits, rents, royalties and other revenues or gain derived from Nunavik Inuit Lands shall be taxable under laws of general application except as otherwise provided in this Agreement.

Part 19.1: Definitions

19.1.1 In this Article:

"real property taxation"

means any tax, levy, charge or other assessment against lands imposed for local government services or improvements including for schools and water;

"personal property"

means chattels real and personal, including all choses in action and choses in possession.

Part 19.2: General Provisions

19.2.1 Subject to this Article, no federal, territorial, provincial or municipal charge, levy or tax of any kind whatsoever shall be assessable or payable on the value or assessed value of Nunavik Inuit Lands and, without limiting the generality of the foregoing, no capital, wealth, realty, school, water or business tax shall be assessable or payable on the value or assessed value of Nunavik Inuit Lands.

19.2.2 Subject to section 19.2.4, Nunavik Inuit Lands on which improvements have been made shall be subject to real property taxation under laws of general application. Notwithstanding, where an improvement has been constructed, and an area of land for that improvement has not been demised, the assessor may assign an area no greater than four times the total ground area of the improvements.

19.2.3 For the purpose of section 19.2.2, improvements do not include:

1. improvements which result from government or public activity;
2. any non-commercial structure associated with wildlife harvesting, including cabins, camps, tent frames, traps, caches, and weirs; or
3. any non-commercial structure associated with any other traditional activity.

19.2.4 Nunavik Inuit Lands shall not be subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in respect of real property taxation for purposes of collection of tax arrears. The taxation authority may, however, execute upon all personal property of Makivik or the MDO by way of seizure and sale or attachment, for purposes of collection of their respective tax arrears.

19.2.5 No federal, territorial, provincial or municipal charge, levy or tax shall be payable in respect of the vesting in Makivik or a MDO of lands pursuant to Article 8.

19.2.6 Nothing in this Article, or in laws of general application, shall preclude a MDO and a municipal corporation from entering into a fee-for-services agreement to govern the supply of local government services to Nunavik Inuit Lands.

Part 20.1: Definitions and Interpretation

20.1.1 In this section:

"archaeological investigation"

means any archaeological research, survey, excavation, reconstruction, work or other activity within the NMR;

"archaeological site"

means a site or work within the NMR of archaeological, ethnographical or historical importance, interest or significance or a place where an archaeological specimen is found, and includes explorers' cairns and burial sites;

"archaeological specimen"

means an object or specimen found in an archaeological site of archaeological, ethnological or historical importance, interest or significance and includes explorers' documents, human remains or associated burial objects;

"areas administered by Parks Canada Agency"

means National Parks, National Parks Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves, and National Historic Sites administered by Parks Canada Agency under the Historic Sites and Monuments Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act, as appropriate;

"Designated Agency"

means the government agencies, and departments, or their successors, described in Schedule 20-1;

"long-term alienation"

means

1. any sale or gift, or
2. loan or other transfer of possession or rights to an archaeological specimen,
   1. for an indefinite duration, or
   2. for a period, including any extension by way of renewal, for three years or longer;

"Nunavik Inuit human remains and associated burial objects"

means human remains of individuals of Nunavik Inuit ancestry and any objects associated with the burial of those individuals;

"private property"

means moveable property to which a person can demonstrate ownership in law other than by discovery or through title to or interest in land;

"public records"

means records held by any department or agency or public office of any level of Government including records which were formerly held by any such department, agency or public office.

Part 20.2: General Principles

20.2.1 The archaeological record of Nunavik Inuit in the NMR is a record of Nunavik Inuit use and occupancy of lands and resources through time. The evidence associated with Nunavik Inuit use and occupancy represents a cultural, historical and ethnographic heritage of Nunavik Inuit society and, as such, Government recognizes that Nunavik Inuit have a special relationship with such evidence which shall be expressed in terms of special rights and responsibilities.

20.2.2 The archaeological record of the NMR is of cultural, spiritual, religious and educational importance to Nunavik Inuit. Accordingly, the process of identification, protection and conservation of archaeological sites and specimens and the interpretation of the archaeological record is of primary importance to Nunavik Inuit and their involvement is both desirable and necessary.

20.2.3 Government responsibilities for the management and conservation of archaeological sites and specimens shall be balanced with Nunavik Inuit responsibilities for these same matters.

20.2.4 A MDO shall be invited to participate in any development of government policy and legislation on archaeology in the NMR.

Part 20.3: Permits

20.3.1 Upon receipt of any application for a permit authorizing an archaeological investigation in the NMR, the Designated Agency shall, except in cases of emergency, forward a copy of the application forthwith to the MDO.

20.3.2 Upon receipt of the copy, the MDO shall have a reasonable number of calendar days, as determined by the Designated Agency in consultation with the MDO, to object in writing to the application.

20.3.3 If the Designated Agency is in receipt of such written objections within the specified number of calendar days, it shall:

1. withhold the issuance of any permit;
2. investigate the objections and prepare a report thereon; and
3. provide the MDO with a copy of the report referred to in paragraph 20.3.3 (b).

20.3.4 Where the objections referred to in section 20.3.3 are reasonably founded on:

1. inadequate efforts to secure Nunavik Inuit participation and benefits or inadequate performance of commitments to provide such participation and benefits under permits issued at an earlier date, or
2. disturbance of a site of Nunavik Inuit religious or spiritual significance as such significance is defined by the MDO in consultation with the Designated Agency,

20.3.5 The Designated Agency shall upon reasonable request by the MDO, attach as a condition to the grant of a permit, a requirement that upon completion of each season's field work, the permit holder shall, to the extent practicable:

1. attend at a location identified by the MDO, in the community closest to the site, to explain and discuss the work carried out; and
2. provide an opportunity for residents of the community to examine any specimen removed from the site.

20.3.6 Notwithstanding section 20.3.4, where the application before the Designated Agency is associated with a proposed land use requiring a land use permit, the Designated Agency may, instead of rejecting the application, issue a permit with terms and conditions that adequately deal with the reasonably founded objections.

20.3.7 Every permit holder shall submit a report as required by the Designated Agency with a copy to the MDO. Upon reasonable request, the Designated Agency shall provide the MDO with an Inuktitut summary of the report.

20.3.8 The Designated Agency shall make available Inuktitut translations of its publications that are aimed at informing the Canadian public about archaeology in the NMR.

20.3.9 Except where a permit specifically requires a permit holder to leave archaeological specimens in situ for purposes of scientific, historic or cultural reasons, all archaeological specimens collected by a permit holder shall be submitted to the Designated Agency or the MDO at a place and time specified on the permit.

20.3.10 Where an application is made for a land use permit in the NMR and there are reasonable grounds to believe there could be important archaeological sites on lands affected, no land use permit shall be issued without the written consent of the Designated Agency. Such consent shall not be unreasonably withheld.

20.3.11 Each land use permit referred to in section 20.3.10 shall specify the plans and methods of archaeological site protection and restoration to be followed by the permit holder, and any other conditions the Designated Agency may deem fit.

Part 20.4: Title in Archaeological Specimens

20.4.1 In this part, "Archaeological Specimens" does not include human remains.

20.4.2 Government and the MDO shall jointly own all archaeological specimens found within the NMR following the effective date of this Agreement and that are not:

1. public records;
2. the private property of any person; or
3. within areas administered by Parks Canada Agency.

20.4.3 Archaeological specimens found within areas of the NMR administered by Parks Canada Agency shall be managed in accordance with the provisions of this Agreement.

20.4.4 Any disturbance or disposition of archaeological specimens shall be managed in accordance with this Article.

20.4.5 The Designated Agency and the MDO must jointly consent, in writing, prior to any long-term alienation of any archaeological specimens found in the NMR.

20.4.6 Where the Designated Agency and the MDO cannot reach an agreement on a proposal for a long-term alienation, as outlined in section 20.4.5, the matter shall be referred for resolution by arbitration under Article 24 by the Designated Agency or the MDO. In arriving at a decision, the arbitrators shall take into account the overall intent of this Agreement, the provisions of this Article, and any other relevant consideration.

20.4.7 Subject to section 20.4.5, the MDO shall determine the disposition of all archaeological specimens found on Nunavik Inuit Lands.

20.4.8 Subject to section 20.4.5, the Designated Agency shall determine the disposition of all archaeological specimens found in the NMR other than on Nunavik Inuit Lands subject to the rights of the MDO to acquire possession as set out in this Article.

20.4.9 Public records wherever they are found shall be owned and managed by the Government by which they were created or held.

Part 20.5: Use of Archaeological Specimens

20.5.1 The MDO may request possession of any archaeological specimen found within the NMR or from any federal or territorial government agency, including the Canadian Museum of Civilization, and any territorial archaeological agency. Such requests shall not be refused by the agency unless:

1. the MDO is unable to maintain the archaeological specimen without risk;
2. the MDO is unable to provide access to the archaeological specimen commensurate with scientific or public interests;
3. the agency is unable to give up possession because of some term or condition of its original acquisition from a non-government source;
4. the Canadian Museum of Civilization, the Library and Archives Canada, Parks Canada Agency or a territorial government agency currently requires the archaeological specimen,
   1. for its own active display or research, or
   2. on account of the unique characteristics of the archaeological specimen;
5. the condition of the archaeological specimen prohibits its movement; or
6. the archaeological specimen has previously been made available to, and is in the possession of, a party other than a federal or territorial government agency.

20.5.2 Where the agency referred to in section 20.5.1 complies with a request by the MDO, the Designated Agency may attach any terms and conditions consistent with professional and institutional practice, including terms or conditions dealing with duration or termination of possession.

20.5.3 If the MDO requests a loan under section 20.5.1. but the material is subject to an existing, legally binding loan commitment, the MDO shall have priority over others to obtain possession of the material once that commitment has been fulfilled.

20.5.4 A Designated Agency may request possession of any archaeological specimen in the possession of the MDO and the MDO may grant possession on a basis to be negotiated between the Designated Agency and the MDO.

Part 20.6: Nunavik Inuit Human Remains and Associated Burial Objects and Burial Sites

Part 20.7: Employment and Contracting

20.7.1 Where any agency of the Government intends to contract for carrying out of archaeological work in the NMR, the agency shall:

1. give preferential treatment to qualified Nunavik Inuit contractors where the agency proposes to tender such contract; and
2. ensure that all contractors give preferential treatment to qualified Nunavik Inuit.

20.7.2 Any archaeological programs in the NMR that are administered by Government shall also conform with Article 13.

Schedule 20-1: Designated Agencies

Part 21.1: Definitions and Interpretation

21.1.1 In this section:

"archival records"

means records of historical value that are created and/or held or both by the Government. It includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof;

"ethnographic agency"

means an organization within Government mandated to conduct ethnographic research and/or preserve ethnographic resources and archival records;

"ethnographic resource"

means any object that was made, used or modified by people, including for greater certainty any photograph, recording or cultural account made, collected or documented for the interpretation and study of human culture.

21.1.2 Nothing in this Article shall be interpreted so as to conflict with Article 20.

Part 21.2: Use of Ethnographic Resources

21.2.1 Where the MDO requests the loan of any ethnographic resource originating in or relating to the NMR and in the possession of any federal or territorial government ethnographic agency, including the Canadian Museum of Civilization and Parks Canada Agency, or territorial government agency, such request shall not be refused unless:

1. the MDO is unable to maintain the ethnographic resource without risk of damage or destruction, including provision for climate control and security;
2. the MDO is unable to provide access to the ethnographic resource commensurate with scientific or public interest;
3. the agency is unable to lend the ethnographic resource because of a term or condition of its original acquisition from a non-governmental source;
4. the Canadian Museum of Civilization, Parks Canada Agency, or a territorial government agency requires the ethnographic resource,
   1. for its own active display or research, or
   2. on account of the unique characteristics of the ethnographic resource;
5. the condition of the ethnographic resource prohibits its movement; or
6. the ethnographic resource has previously been lent to, and is in the possession of, a party other than the federal or territorial government agency.

21.2.2 Where the agency referred to in section 21.2.1 complies with a request by the MDO, the agency may attach any terms and conditions consistent with professional and institutional practice, including terms or conditions dealing with duration or termination of the loan.

21.2.3 If the MDO requests a loan under section 21.2.1 but the material is subject to an existing, legally binding loan commitment, the MDO shall have priority over others to obtain possession of the material once that commitment has been fulfilled.

21.2.4 Where the ethnographic agency is party to an agreement which governs the use and disposition of ethnographic resources deposited with the agency, that agreement will be respected.

Part 21.3: Use of Archival Records

21.3.1 Where the MDO requests the loan of original archival records relating to the NMR for display or exhibit, or copies of such archival records for research or study purposes, from the Library and Archives Canada or any territorial government archival agency, such request shall be treated on at least as favourable a basis as similar requests from any other institutions. Unless otherwise agreed, such requests shall comply with laws of general application, policies and procedures.

Part 21.4: Place Names

21.4.1 The Nunavik Inuit have traditionally referred to various locations, geographic features and landmarks in the NMR by their traditional Nunavik Inuit place names. The official names of such places shall be reviewed by the MDO and may be changed to traditional Nunavik Inuit place names in accordance with the process described in section 21.4.2.

21.4.2 The process for review of place names within the NMR shall be, pursuant to the Government of Nunavut's geographical names policy dated November 2004, subject to the requirement that the MDO be consulted on any place name decisions in the NMR.

Part 23.1: Principles

23.1.1 The following principles shall guide the implementation of this Agreement and shall be reflected in the Implementation Plan:

1. there shall be an ongoing process for Nunavik Inuit and Government to plan for and monitor the implementation of this Agreement which shall mirror the spirit and intent of this Agreement and its various terms and conditions;
2. implementation shall reflect the objective of this Agreement of encouraging self-reliance and the cultural and social well-being of Nunavik Inuit;
3. to promote timely and effective implementation of this Agreement, Nunavik Inuit and Government shall:
   1. identify, for multi-year planning periods, the implementation activities, responsibilities and the level of government implementation funding which will be provided during any planning period; and
   2. allow flexibility through the establishment of an Implementation Committee.
4. reflecting the level of independence and the authorities of the institutions of public government identified in Articles 5, 6 and 7, the funding arrangements shall:
   1. provide those institutions with sufficient resources to plan for and carry out the duties and responsibilities assigned to them in this Agreement in a professional manner with appropriate public involvement;
   2. provide those institutions with a degree of flexibility to allocate, reallocate and manage funds within their budgets, no less than that generally accorded to comparable agencies of Government;
   3. require those institutions to follow normally accepted management and accounting practices; and
   4. ensure the accountability of those institutions for expenditure of their resources in fulfilling their obligations under this Agreement.

Part 23.2: Implementation Plan

23.2.1 Makivik and the Government of Canada and Government of Nunavut ("the parties to the Implementation Plan") shall prepare a detailed Implementation Plan prior to this Agreement which shall be appended to but not form part of this Agreement. The plan is not intended to be a land claims agreement within the meaning of s. 35 of the Constitution Act, 1982. For greater certainty, in the event of conflict or inconsistency between this Agreement and the Implementation Plan, this Agreement shall prevail.

23.2.2 The Implementation Plan shall be a legally binding contract except as otherwise agreed by the parties to the Implementation Plan. A provision of the Implementation Plan providing for the payment of funds as a result of an obligation created in this Agreement shall be included in such contract, provided the parties have agreed that payment of such funds constitutes the fulfilment of that obligation. Where the parties fail to so agree, the treaty obligation shall prevail.

23.2.3 The Implementation Plan shall:

1. identify the ongoing and time-limited obligations, specific activities, and projects required to implement this Agreement;
2. identify how and by whom the activities will be carried out and identify the associated time-frames and how the obligations will be discharged;
3. identify the funding levels and specific funding arrangements for implementing this Agreement for an initial ten-year planning period following ratification of this Agreement;
4. identify, at times deemed appropriate by the parties to the Implementation Plan, the implementation activities and funding levels for implementing this Agreement for successive multi-year planning periods subsequent to the initial ten-year planning period;
5. identify a communication and information strategy to inform Nunavik Inuit and interested third parties of the content and implementation of this Agreement;
6. provide for a process for monitoring the implementation of this Agreement by requiring the establishment of an Implementation Committee to oversee, monitor and report on implementation of this Agreement;
7. provide for a process for the review and amendment of the Implementation Plan; and
8. address other matters as agreed to by the parties to the Implementation Plan.

Part 23.3: The Implementation Committee

23.3.1 As soon as practicable, but no later than three (3) months after the effective date of this Agreement, an Implementation Committee shall be established.

23.3.2 The Implementation Committee shall be composed of three (3) senior officials: one (1) representing the Government of Canada designated by the Minister; one representing the Government of Nunavut; and one (1) representing Makivik.

23.3.3 The Implementation Committee shall:

1. oversee and provide direction to guide the implementation of this Agreement;
2. monitor the Implementation Plan;
3. when it deems necessary, revise the schedule of activities, reallocate resources and amend the Implementation Plan;
4. attempt to resolve implementation disputes arising among the parties to the Implementation Plan. Unresolved implementation disputes shall be resolved pursuant to Article 24;
5. provide the Minister of Indian Affairs and Northern Development, the Leader of the Government of Nunavut and Makivik with a report on the implementation of this Agreement, every two (2) years, which shall be made public. The cost of the report shall be borne by the Government of Canada; and
6. make recommendations for the implementation of this Agreement, including the role of the Implementation Committee, to the parties to the Implementation Plan for future planning periods following the initial ten-year period.

23.3.4 All decisions of the Implementation Committee shall be by unanimous agreement of all members.

Part 23.4: Nunavik Inuit Implementation Funding

23.4.1 The Government of Canada shall make implementation funding payments, including funding for the Park Impacts and Benefits Agreement for the Torngat Mountains National Park Reserve of Canada and for the resolution of Nunavik Inuit Claims in the Labrador Inuit Settlement Area of the Overlap Area and offshore Labrador, to Makivik and the Nunavik Inuit Trust in accordance with Schedule A to this Article.

23.4.2 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.

23.4.3 Unless otherwise specified in this Agreement, Canada shall not be responsible for the costs of Makivik or the Nunavik Inuit Trust to implement this Agreement.

23.4.4 Makivik shall use the funds referred to in section 23.4.1 to implement this Agreement and to carry out the objects of Makivik as set out in the Act respecting the Makivik Corporation, R.S.Q., chapter S-18.l.

Schedule A: Provisional Payments Schedule - Re: 23.4.1

Notes to Finalize Schedule A

1. The purpose of this note is to enable the parties to calculate the amounts to be shown in the provisional schedule of payments and the amounts for the final schedule of payments.
2. A provisional schedule of payments will be negotiated prior to the signing of this Agreement such that:
   1. the provisional schedule will provide for a first payment on the effective date of this Agreement and subsequent payments on each anniversary date;
   2. the present value of the amounts listed in the provisional schedule of payments to NIT will equal $5 million and payments to Makivik will equal $31,155,109; and
   3. the present value referred to in (b) will be calculated using as a discount rate, 4.025%, which is the most recently released 3 year amortized consolidated revenue fund lending rate that the Minister of Finance for Canada has approved prior to the calculation of the provisional schedule of payments, less 0.125 percent.
3. A final schedule of payments will be calculated prior to the effective date of this Agreement by multiplying each amount in the provisional schedule of payments by the value of the FDDIPI for the latest quarter available prior to that date for which FDDIPI has been published by Statistics Canada, and by dividing the resulting product by the value of FDDIPI for the 3rd quarter of 2004.

Schedule 25-1: Nunavik Inuit Communities

• Akulivik
• Aupaluk
• Chisasibi
• Inukjuak
• Ivujivik
• Kangiqsualujjuaq
• Kangiqsujuaq
• Kangirsuk
• Kuujjuaq
• Kuujjuarapik
• Puvirnituq
• Quaqtaq
• Salluit
• Tasiujaq
• Umiujaq

Part 27.1: General Provisions

27.1.1 The object of this Article is to provide rights reciprocal to Article 40 under the Nunavut Land Claims Agreement as follows:

1. to provide for the continuation of harvesting by each Group in areas traditionally used and occupied by it, regardless of land claims agreement boundaries:
2. to identify areas of equal use and occupancy between the Two Groups and with respect to such areas, to provide for:
   1. joint ownership of lands by the Two Groups;
   2. sharing of wildlife and certain other benefits by the Two Groups;
   3. participation by the Two Groups in regimes for wildlife management, land use planning, impact assessment and water management in such areas; and
3. to promote cooperation and good relations between the Two Groups and among the Two Groups and Government.

Part 27.2: Definitions and Interpretations

27.2.1 In this Article:

"areas of equal use and occupancy"

means those areas described in Schedule 40-1 of the Nunavut Land Claims Agreement, reproduced in Schedule 27-1 of this Agreement, and depicted for information purposes only on the map appended thereto.

"basic needs level"

means, in the case of Nunavik Inuit, the level of harvesting by Nunavik Inuit in the Nunavut Settlement Area determined under sections 40.2.4 and 40.2.5 and Article 5 of the Nunavut Land Claims Agreement, and, in the case of the Inuit of Nunavut, the level of harvesting by the Inuit of Nunavut in the NMR determined under sections 27.3.2 and 27.3.3 and Article 5 of this Agreement.

"DIO"

means Nunavut Tunngavik Incorporated, or an Organization that has been designated under Article 39.1.3 of the Nunavut Land Claims Agreement as responsible for a function under Part 2 of Article 40 of that Agreement to which a reference to a DIO in this Article relates;

"Group"

means the Inuit of Nunavut or Nunavik Inuit, and "the Two Groups" means both;

"HTO"

means Hunters and Trappers Organization as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Inuit of Nunavut"

means Inuit as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Inuit Lands"

means Inuit Owned Lands as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"marine areas"

means Canada's internal waters or territorial sea, whether open or icecovered, but does not include inland waters in Québec. For greater certainty, the reference to internal waters or territorial sea includes the seabed and subsoil below those internal waters or territorial sea;

"NWB"

means the Nunavut Water Board, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"NWMB"

means the Nunavut Wildlife Management Board, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Nunavut Tunngavik Incorporated"

means the Tungavik, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"Organization"

means an Organization, defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"resources"

includes lands, minerals, wildlife, waters and the environment generally;

"RWO"

means Regional Wildlife Organization, as defined in section 1.1.1 of the Nunavut Land Claims Agreement;

"total allowable harvest"

means total allowable harvest as defined in section 5.1.1 of the Nunavut Land Claims Agreement;

"total allowable take"

means total allowable take as defined in section 5.1.1 of this Agreement;

"wildlife"

has the same meaning as in Article 1 of this Agreement but does not include reindeer.

27.2.2 The Schedules referred to in this Article form an integral part of it.

Part 27.3: Wildlife Harvesting

27.3.1 Subject to sections 27.3.3 and 27.3.4, Nunavik Inuit have the same rights respecting the harvesting of wildlife in the marine areas and islands of the Nunavut Settlement Area traditionally used and occupied by them as the Inuit of Nunavut under Article 5 of the Nunavut Land Claims Agreement except Nunavik Inuit do not have the rights under Parts 2, 4 and 5, sections 5.6.18 and 5.6.39, Part 8 and sections 5.9.2 and 5.9.3 of that Agreement.

27.3.2 Subject to sections 27.3.3 and 27.3.5, the Inuit of Nunavut have the same rights respecting the harvesting of wildlife in the marine areas and islands of the NMR traditionally used and occupied by them as Nunavik Inuit under Article 5 of this Agreement, except the Inuit of Nunavut do not have the rights under Part 5.2 of Article 5, paragraphs 5.3.13.1 (d) and (e), and sections 5.3.15, 5.8.2 and 5.8.3 of that Article.

27.3.3 The basic needs level for Nunavik Inuit and the basic needs level for the Inuit of Nunavut shall be determined on the basis of available information. Where the basic needs levels of the Two Groups exceeds the total allowable harvest or the total allowable take, the total allowable harvest or the total allowable take shall be allocated between the Two Groups so as to reflect the ratio of their basic needs levels.

27.3.4 Makivik shall exercise the power of an HTO or RWO on behalf of Nunavik Inuit.

27.3.5 A DIO shall exercise the power of a LNUK or RNUK on behalf of the Inuit of Nunavut.

Part 27.4: Areas of Equal Use and Occupancy: Land Ownership

27.4.1 Those lands described in Schedule 40-2 of the Nunavut Land Claims Agreement, within the areas illustrated on Schedule 27-2 of this Agreement, were vested in the form indicated on the Maps referred to in Schedule 40-2, in the DIO on behalf of and for the benefit of the Inuit of Nunavut and in Makivik on behalf of and for the benefit of Nunavik Inuit, as joint tenants and not as tenants in common.

27.4.2 All provisions of the Nunavut Land Claims Agreement applying to Inuit Owned Lands except Part 3 of Article 19 of that Agreement, but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands referred to in section 27.4.1. Any power of a DIO under the Nunavut land Claims Agreement in respect of Inuit Owned Lands in the area of equal use and occupancy shall be exercised and enjoyed jointly by the DIO and Makivik in respect of those jointly owned lands.

27.4.3 All provisions of this Agreement applying to Nunavik Inuit Lands except provisions providing for vesting of Nunavik Inuit Lands but including provisions respecting property descriptions, surveys and boundaries, shall also apply to the jointly owned lands referred to in section 27.4.1. Any power of a MDO under this Agreement in respect of Nunavik Inuit Lands in the area of equal use and occupancy shall be exercised and enjoyed jointly by the MDO and Nunavut Tunngavik Incorporated, or a DIO designated by it, in respect of those jointly owned lands.

27.4.4 With respect to the lands described in Schedule 40-2 of the Nunavut Land Claims Agreement and Schedule 27-2 of this Agreement and notwithstanding any other rule or process provided by statute, at law or in equity, neither Group shall:

1. create or dispose of a legal or equitable interest to or in the lands;
2. seek or submit to sever or partition the lands;
3. establish or operate facilities associated with the sports or commercial use of wildlife or facilities associated with the observation, study or enjoyment of natural or cultural features of the lands; or
4. make use of the lands so as to cause physical alteration or in any way diminish their value;

27.4.5 No act or inaction by either of the Two Groups in relation to section 27.4.4 shall impose any liability on Government.

Part 27.5: Areas of Equal Use and Occupancy: Other Benefits

27.5.1 Notwithstanding section 27.3.1 and subject to section 27.5.4 in the areas of equal use and occupancy, the rights of the Inuit of Nunavut pursuant to section 5.6.39 and Part 8 of Article 5 and to Articles 8, 9, 26, 33, 34 of the Nunavut Land Claims Agreement shall apply equally to Nunavik Inuit and the functions of a DIO pursuant to those Articles shall be exercised by an organization jointly designated by Nunavut Tunngavik Incorporated and Makivik to exercise those functions or, in the absence of such designation, by the DIO.

27.5.2 Notwithstanding section 27.3.2 in the areas of equal use and occupancy, the rights of Nunavik Inuit pursuant to paragraphs 5.3.13.1 (c, d & e), section 5.3.15 and Articles 11, 20 and 21 of this Agreement shall apply equally to the Inuit of Nunavut and the functions of a MDO pursuant to those Articles shall be exercised by an organization jointly designated by Nunavut Tunngavik Incorporated and Makivik to exercise those functions or, in the absence of such designation, by the MDO.

27.5.3 For greater certainty, notwithstanding section 27.3.1, Nunavik Inuit may exercise the rights provided under sections 5.8.2 and 5.8.3 of this Agreement in the areas of equal use and occupancy.

27.5.4 Section 27.5.1 does not apply to the rights of the Inuit of Nunavut under section 5.8.9 of the Nunavut Land Claims Agreement in relation to the eiderdown venture conducted by Sanniit Co-operative Limited.

Part 27.6: Areas of Equal Use and Occupancy: Management

27.6.1 Notwithstanding section 27.3.1, Makivik, on behalf of Nunavik Inuit, has the right to appoint to the NWMB and to nominate to each of the NPC, NIRB and the NWB, members equal to one half of those appointed or nominated by the DIO, which members shall be appointed in the same manner as members nominated by the DIO. Any members so appointed shall replace an equal number of members appointed or nominated by the DIO for decisions of the NWMB, NPC, NIRB and NWB that apply to activities that take place in the areas of equal use and occupancy, but shall not otherwise be considered to be or act as a member of those institutions.

27.6.2 For the purposes of management regimes in the areas of equal use and occupancy, the arrangement, as outlined in section 27.6.1 of this agreement and Section 40.2.14 of the Nunavut Land Claims Agreement, shall continue to apply until agreement has been reached pursuant to Section 40.2.15 of the Nunavut Land Claims Agreement.

27.6.3 The NWMB, NPC, NIRB and NWB, in performing their functions in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by Nunavik Inuit shall allow full standing to Makivik to make representations respecting the interests of the Nunavik Inuit and shall take those representations into account.

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.

Part 27.7: Mutual Protection of Rights and Interests, Between the Two Groups

27.7.1 Each Group shall exercise its rights with respect to harvesting and resource management, including rights derived from this Agreement, the Nunavut Land Claims Agreement and the James Bay and Northern Québec Agreement, in a manner consistent with the rights and interests of the other Group.

27.7.2 In exercising rights with respect to harvesting and resource management which may affect the other Group, each Group shall be guided by the principles of conservation and the importance of effective environmental protection and, accordingly, shall pursue the Nunavik application of appropriate management techniques aimed at the rational and sustainable use of resources.

27.7.3 Each Group shall consult with the other with respect to all issues concerning all aspects of harvesting or resource management over which the Group has control or influence and which may affect the other Group. The obligation to consult shall include the obligation to give timely written notice and to facilitate in the making of adequate written representations.

27.7.4 Notwithstanding section 31.1.1 of the Nunavut Land Claims Agreement and section 17.1.1 of this Agreement the Two Groups shall share equally any revenues obtained by either Groups resulting from any right to a share of resource royalties in the areas of equal use and occupancy pursuant to a land claim agreement.

27.7.5 If any lands, additional to those described in Schedule 40-2 of the Nunavut Land Claims Agreement and Schedule 27-2 of this Agreement, are acquired by Nunavik Inuit in the areas of equal use and occupancy under this Agreement, the Inuit of Nunavut will acquire title thereto as joint tenants and not as tenants in common with Nunavik Inuit.

27.7.6 Nothing in Section 40.2.22 of the Nunavut Land Claims Agreement or section 27.7.5 of this Agreement constitutes an admission or commitment by Government to negotiate additional ownership of lands in the areas of equal use and occupancy for the Inuit of Nunavut.

27.7.7 Sections 27.7.1 to 27.7.4 express arrangements between the Two Groups and neither of these sections nor any act or inaction by either of those groups or of their members in relation to these sections shall impose any liability or obligation on Government or any other person or affect any power or right of Government or any other person.

Part 27.8: Status and Security of Rights

27.8.1 In addition to any person or body that is recognized by laws of general application as having standing, a MDO on behalf of Nunavik Inuit and a DIO on behalf of the Inuit of Nunavut shall have standing before an appropriate court or other body to enforce this Article against the Crown or any person.

27.8.2 Notwithstanding section 2.14 of this Agreement, this Article shall not be amended without the prior written consent of Nunavut Tunngavik Incorporated.

27.8.3 In the event of conflict or inconsistency between the sections of this Article other than sections 27.7.1 to 27.7.3, and any other provisions of this Agreement, the sections of this Article other than sections 27.7.1 to 27.7.3 shall prevail.

27.8.4 In the event of any inconsistency or conflict between this Agreement and Article 40 of the Nunavut Land Claims Agreement, the latter shall prevail to the extent of such inconsistency or conflict.

Schedule 27-1: Coordinates of Areas of Equal Use and Occupancy in Hudson Strait and Hudson Bay

The following replicates Article 40, Schedule-1 of the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada referenced in North American Datum 1927 (NAD 27).

1. Coordinates of Areas of Equal Use and Occupancy in Hudson Strait
   • - The line shall commence at the intersection of 63°25'N and 76°10'W;
   • - then it shall proceed generally south and west in a straight line to the intersection of 63°12'N and 77°00'W;
   • - then generally west and south in a straight line to the intersection of 63°00'N and 77°40'W;
   • - then generally north and west in a straight line to the intersection of 63°03'N and 78°25'W;
   • - then generally north and west in a straight line to the intersection of 63°30'N and 78°47'W;
   • - then generally north and east in a straight line to the intersection of 63°52'N and 77°15'W;
   • - then generally south and east in a straight line to the intersection of 63°25'N and 76°10'W.
2. Coordinates of Areas of Equal Use and Occupancy in Hudson Bay
   • - The line shall commence at the intersection of 56°22'N and 77°25'W;
   • - then it shall proceed generally west and south in a straight line to the intersection of 56°07'N and 78°10'W;
   • - then shall proceed northerly in a straight line to the intersection of 56°45'N and 78°15'W;
   • - then shall proceed generally west and north in a straight line to the intersection of 57°00'N and 78°40'W;
   • - then shall proceed generally west and north in a straight line to the intersection of 57°15'N and 80°00'W;
   • - then northerly in a straight line to 58°00'N and 79°45'W;
   • - then generally east and south in a straight line to the intersection of 57°40'N and 78°00'W;
   • - then generally east and south in a straight line to the intersection of 57°00'N and 77°25'W;
   • - then southerly in a straight line to the intersection of 56°22'N and 77°25'W.

Schedule 27-2: Areas of Equal Use and Occupancy

Table of Contents

• Preamble
• Part I - General
• Part II - Objects
• Part III - Definitions and Interpretations
• Part IV - Wildlife Harvesting
• Part V - Land Ownership in the Overlap Area
• Part VI - Other Interests, Benefits and Revenues
• Part VII - Management in the Overlap Area
• Part VIII - Settlement of Disputes
• Part IX - Status and Security of Rights
• Signatures
• Schedule 1 - Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area
• Schedule 2 - Geographic Coordinates of the Joint Inuit / Cree Zone
• Schedule 3 - Geographic Coordinates of the Cree Zone
• Schedule 4 - Geographic Coordinates of the Inuit Zone
• Schedule 5 - Map "Cree / Inuit Offshore Overlapping Interests Area with Indication of Zones"
• Schedule 6 - Lands Selected by Nunavik Inuit in the Cree Zone

Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area

BETWEEN, ON THE ONE HAND:

The CREES OF EEYOU ISTCHEE, acting through the
GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)

AND

ON, THE OTHER HAND:

NUNAVIK INUIT,
acting through MAKIVIK CORPORATION.

Preamble

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit have always occupied and used the Overlap Area and have developed traditions for sharing the Overlap Area;

WHEREAS, on November 11th, 1975, the Crees of Eeyou Istchee and the Nunavik Inuit entered into the James Bay and Northern Québec Agreement, which gave, granted, recognized and provided to the Crees of Eeyou Istchee and the Nunavik Inuit the rights, privileges and benefits set out therein;

WHEREAS the James Bay and Northern Québec Agreement did not affect, modify or otherwise impair, restrict or infringe upon the aboriginal and other rights, titles and interests of the Crees of Eeyou Istchee and of the Nunavik Inuit in areas situated outside the borders of the province of Québec, including the marine areas and islands adjacent to the said province in James Bay, Hudson's Bay, Hudson's strait and Ungava bay;

WHEREAS, in a letter of commitments dated November 15th, 1974, certain understandings reached between the Government of Canada and the Crees of Eeyou Istchee and the Nunavik Inuit were set out, including the undertaking of Canada to negotiate with the Crees of Eeyou Istchee and the Nunavik Inuit in regard to the said offshore areas;

WHEREAS such negotiations are ongoing with both the Crees of Eeyou Istchee and the Nunavik Inuit;

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit have certain overlapping aboriginal and other rights, titles and interests in certain marine areas and islands adjacent to the province of Québec in James Bay and Hudson's Bay;

WHEREAS, on August 21st, 2002, the Grand Council of the Crees (Eeyou Istchee) and Makivik Corporation reached a "Cree/Inuit Agreement on Offshore Overlap" which was subsequently ratified pursuant to the terms of that agreement;

WHEREAS on October 25th, 2002 the Nunavik Inuit and the Government of Canada signed an "Agreement-in-Principle concerning the Nunavik Marine Region";

WHEREAS the parties hereto wish to set out in writing the terms and arrangements flowing from the "Cree/Inuit Agreement on offshore overlap" and to incorporate such terms and arrangements in the Nunavik Inuit Final Agreement and in the Crees of Eeyou Istchee Final Agreement;

WHEREAS the Crees of Eeyou Istchee and the Nunavik Inuit wish to reiterate the continued good relations, cooperation and solidarity which has characterized their relationship since the negotiations of the James Bay and Northern Québec Agreement.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

Part I: General

1.1 The provisions of this Agreement shall all be incorporated in the Nunavik Inuit Final Agreement, and any modifications to the wording of this Agreement carried out for purposes of coherence with the Nunavik Inuit Final Agreement shall only be made with the consent of the GCC(EI), which consent shall not be arbitrarily or unreasonably withheld.

1.2 The provisions of this Agreement shall all be incorporated in the Crees of Eeyou Istchee Final Agreement, and any modifications to the wording of this Agreement carried out for purposes of coherence with the Crees of Eeyou Istchee Final Agreement shall only be made with the consent of Makivik Corporation, which consent shall not be arbitrarily or unreasonably withheld.

1.3 In the event of any inconsistency between the Nunavik Inuit Final Agreement or the Crees of Eeyou Istchee Final Agreement and the provisions herein, this Agreement shall prevail to the extent of such inconsistency or conflict.

1.4 For greater certainty, nothing on this Agreement, in the Nunavik Inuit Final Agreement, or in any legislation ratifying or implementing their terms, shall:

1. constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights of the Crees of Eeyou Istchee, including those rights set out under the terms of the JBNQA;
2. be interpreted as to abrogate or derogate from or otherwise conflict or be inconsistent with any aboriginal or treaty rights of the Crees of Eeyou Istchee, including those rights set out under the terms of the JBNQA.

1.5 For greater certainty, nothing in this Agreement, in the Crees of Eeyou Istchee Final Agreement, or in any legislation ratifying or implementing their terms shall:

1. constitute a cession, release, surrender or other qualification or limitation of any aboriginal or treaty rights of the Nunavik Inuit, including those rights set out under the terms of the JBNQA;
2. be interpreted as to abrogate or derogate from or otherwise conflict or be inconsistent with any aboriginal or treaty rights of the Nunavik Inuit, including those rights set out under the terms of the JBNQA.

1.6 The reciprocal arrangements between the Nunavik Inuit and the Inuit of Nunavut set out in article 28 of the Nunavik Inuit AIP and in article 40 of the Nunavut Land Claims Agreement shall not affect the rights, titles and interests of the Crees of Eeyou Istchee in the Cree/Inuit Offshore Overlapping Interests Area as set out in this Agreement and the Crees of Eeyou Istchee Final agreement.

1.7 The Nunavik Marine Region which will be set out and described in the Nunavik Inuit Final Agreement shall comprise the Nunavik Marine Region as described in Schedule 3-1 of the Nunavik Inuit AIP save that the geographic coordinate of that description which reads as follows:

"- thence southeasterly in a straight line to a point at the intersection of 53°45'N latitude and 79°05'W longitude at the ordinary low water mark on the south shore of Québec, south of Chisasibi"

shall be changed in the Nunavik Inuit Final Agreement in order to reflect the following geographic coordinates:

"- thence southeasterly in a straight line to a point at the intersection of 53°45'31"N latitude and 79°06'55"W longitude, north of Aatsiguuyaanuminshtuk island;

- thence due east along the 53°45'31"N latitude to a point at the ordinary low water mark on the shore of Québec south of Chisasibi at the intersection of 53°45'31"N latitude and 79°04'56"W longitude;"

1.8 Unless otherwise stipulated in this Agreement, nothing in this Agreement affects or is intended to affect any rights of Nunavik Inuit under the Nunavik Inuit Final Agreement or of Crees of Eeyou Istchee, under the Crees of Eeyou Istchee Final Agreement in or related to the Overlap Area, including with respect to wildlife compensation, capital transfers, resource revenues sharing or resource royalty sharing.

Schedule 1: Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area

The Cree/Inuit Offshore Overlapping Interests Area (Overlap Area), as illustrated on Schedule 1a and Schedule 5, includes all the marine areas, islands, lands and waters within the following boundary:

1. Commencing at the boundary of Québec south of Chisasibi, as illustrated on Schedule 1a and Schedule 1b, at the intersection of 53°45'31"N latitude and approximate 79°04'56"W longitude;
2. thence west following 53°45'31"N latitude to a point at the intersection of 79°06'55"W longitude, south of Tiny Island and north of locally known Aahchikuyaaniminishtikw Island;
3. thence northwesterly following the geodesic line to a point at the intersection of 54°00'N latitude and 80°50'W longitude;
4. thence northwesterly following the geodesic line to a point at the intersection of 54°30'N latitude and 81°20'W longitude, northwest of Bear Island;
5. thence northeasterly following the geodesic line to a point at the intersection of 55°00'N latitude and 81°00'W longitude, east of Cape Henrietta Maria, Ontario, being a point coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement;
6. thence east, coincident with the NSA, following 55°00'N latitude to a point at the intersection with 79°45'W longitude, north of Long Island;
7. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°15'N latitude and 79°00'W longitude, northeast of Long Island and southwest of Kuujjuaraapik and Whapmagoostui, Québec;
8. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°45'N latitude and 78°00'W longitude, northwest of Kuujjuaraapik and Whapmagoostui, Québec;
9. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°00'N latitude and 77°30'W longitude, east of the Innetalling Island and northwest of Duck Island;
10. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°22'N latitude and 77°25'W longitude, east of the Salliquit Islands and west of the Nastapoka Islands;
11. thence north following 77°25'W longitude, coincident with the NSA, to a point at the intersection of 57°00'N latitude;
12. thence northwesterly, coincident with the NSA, to a point at the intersection of 57°40'N latitude and 78°00'W longitude;
13. thence north following 78°00'W longitude to a point at the intersection of 57°47'56"N latitude;
14. thence east following 57°47'56"N latitude, passing approximately one kilometer north of Cotter Island, as illustrated on Schedule 1c, to a point at the intersection with the boundary of Québec at approximate 76°58'45"W longitude;

thence in a general southerly direction following the boundary of Québec to the point of commencement.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail.

When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail.

All coordinates are in reference to North American Datum 1927(NAD 27).

Schedule 1a: Map "Cree / Inuit Offshore Overlapping Interests Area"

Schedule 1b: Map "Southern Boundary of the Cree / Inuit Offshore Overlapping Interests Area"

Schedule 1c: Map "Northern Boundary of the Cree / Inuit Offshore Overlapping Interests Area"

Schedule 2: Geographic Coordinates of the Joint Inuit / Cree Zone

The Joint Inuit/Cree Zone (Joint Zone), as illustrated on Schedule 2a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55"N latitude and approximate 79°45'00"W longitude, as illustrated on Schedule 2b;
2. thence northwesterly following the geodesic line to a point at the intersection of 54°46'N latitude and 80°00'W longitude, southwest of Long Island;
3. thence north following 80°00'W longitude to a point at the intersection of 55°00'N latitude, northwest of Long Island, being coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement;
4. thence east, coincident with the NSA, following 55°00'N latitude to a point at the intersection with 79°45'W longitude, north of Long Island, for greater certainty being also point 6 of Schedule 1;
5. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°15'N latitude and 79°00'W longitude, northeast of Long Island and southwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 7 of Schedule 1;
6. thence northeasterly, coincident with the NSA, to a point at the intersection of 55°45'N latitude and 78°00'W longitude, northwest of Kuujjuaraapik and Whapmagoostui, Québec, for greater certainty being also point 8 of Schedule 1;
7. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°00'N latitude and 77°30'W longitude, east of the Innetalling Island and northwest of Duck Island, for greater certainty being also point 9 of Schedule 1;
8. thence northeasterly, coincident with the NSA, to a point at the intersection of 56°22'N latitude and 77°25'W longitude, east of the Salliquit Islands and west of the Nastapoka Islands, for greater certainty being also point 10 of Schedule 1;
9. thence, coincident with the NSA, north following 77°25'W longitude to a point at the intersection of 56°43'12"N latitude, west of the Nastapoka Islands, for greater certainty being also point 4 of Schedule 4;
10. thence east, as illustrated in Schedule 2c, following 56°43'12"N latitude to a point at the intersection of 76°38'28"W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 3 of Schedule 4;
11. thence southeasterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°42'51"N latitude and 76°37'21"W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 2 of Schedule 4;
12. thence east following 56°42'51"N latitude to a point at the intersection with the boundary of Québec south of Riviere Devaux, at approximate 76°32'10"W longitude, for greater certainty being also point 1 of Schedule 4;

thence in a general southerly direction following the boundary of Québec to the point of commencement.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail.

When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail.

All coordinates are in reference to North American Datum 1927(NAD 27).

Schedule 2a: Map "Joint Inuit / Cree Zone"

Schedule 2b: Map "Southern Boundary of the Joint Inuit / Cree Zone"

Schedule 2c: Map "Northern Boundary of the Joint Inuit / Cree Zone"

Schedule 3: Geographic Coordinates of the Cree Zone

The Cree Zone, as illustrated on Schedule 3a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing, as illustrated on Schedule 1b and Schedule 3a, on the boundary of Québec, south of Chisasibi, at the intersection of 53°45'31"N latitude and approximate 79°04'56"W longitude, for greater certainty being also point 1 of Schedule 1;
2. thence west following 53°45'31"N latitude to a point at the intersection of 79°06'55"W longitude, south of Tiny Island and north of locally known Aahchikuyaaniminishtikw Island, for greater certainty being also point 2 of Schedule 1;
3. thence northwesterly following the geodesic line to a point at the intersection of 54°00'N latitude and 80°50'W longitude, for greater certainty being also point 3 of Schedule 1;
4. thence northwesterly following the geodesic line to a point at the intersection of 54°30'N latitude and 81°20'W longitude, for greater certainty being also point 4 of Schedule 1;
5. thence northeasterly following the geodesic line to a point at the intersection of 55°00'N latitude and 81°00'W longitude, east of Cape Henrietta Maria, Ontario, being a point coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement, for greater certainty being also point 5 of Schedule 1;
6. thence east, coincident with the NSA, following 55°00'N latitude to a point at the intersection with 80°00'W longitude, northwest of Long Island, for greater certainty being point 3 of Schedule 2;
7. thence south along 80°00'W longitude to the intersection of 54°46'N latitude, southwest of Long Island, for greater certainty being point 2 of Schedule 2;
8. thence southeasterly, as illustrated on Schedule 2b, following the geodesic line to a point on the boundary of Québec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38'55"N latitude and approximate 79°45'00"W longitude; for greater certainty being point 1 of Schedule 2;

thence generally southerly following the boundary of Québec to the point of commencement.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail.

When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail.

All coordinates are in reference to North American Datum 1927(NAD 27).

Schedule 3a: Map "Cree Zone"

Schedule 4: Geographic Coordinates of the Inuit Zone

The Inuit Zone, as illustrated on Schedule 4a, includes all the marine areas, islands, lands and waters in the Cree/Inuit Offshore Overlapping Interests Area within the following boundary:

1. Commencing, as illustrated in Schedule 2c and Schedule 4a, on the boundary of Québec, south of Riviere Devaux, at the intersection of 56°42'51"N latitude and approximate 76°32'10"W longitude, for greater certainty being also point 12 of Schedule 2;
2. thence west following 56°42'51"N latitude to a point at the intersection with 76°37'21"W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also coordinate point 11 of Schedule 2;
3. thence northwesterly following a geodesic line between Taylor and Gillies Islands to a point at the intersection of 56°43'12"N latitude and 76°38'28"W longitude, south of Taylor Island and north of Gillies Island, for greater certainty being also point 10 of Schedule 2;
4. thence west following 56°43'12"N latitude to a point at the intersection of 77°25'W longitude, coincident with the Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claim Agreement, west of the Nastapoka Islands, for greater certainty being also point 9 of Schedule 2;
5. thence north, coincident with the NSA, following 77°25'W longitude to a point at the intersection of 57°00'N latitude, southeast of the King George Islands and west of the Nastapoka Islands, for greater certainty being also point 11 of Schedule 1;
6. thence northwesterly, coincident with the NSA, to a point at the intersection of 57°40'N latitude and 78°00'W longitude, for greater certainty being also point 12 of Schedule 1;
7. thence north following 78°00'W longitude to a point at the intersection of 57°47'56"N latitude, for greater certainty being also point 13 of Schedule 1;
8. thence east following 57°47'56"N latitude, passing approximately one kilometer north of Cotter Island, as illustrated on Schedule 1c, to a point at the intersection with the boundary of Québec at approximate 76°58'45"W longitude, for greater certainty being also point 14 of Schedule 1;

thence in a general southerly direction following the boundary of Québec to the point of commencement.

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail.

When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail.

All coordinates are in reference to North American Datum 1927(NAD 27).

Schedule 4a: Map "Inuit Zone"

Schedule 5: Map "Cree / Inuit Offshore Overlapping Interests Area with Indication of Zones"

Schedule 6: Lands Selected by Nunavik Inuit in the Cree Zone

As illustrated in Schedule 6a, the following lands are selected by Nunavik Inuit:

1. Grass Island (Aamishkushiiunikaach) of which the center is located at approximately 53°47'50"N latitude and approximate 79°06'40"W longitude; and
2. the lands bounded within the following coordinates:
   1. 53°50'06"N latitude and 79°07'59"W longitude;
   2. 53°50'13"N latitude and 79°04'11"W longitude;
   3. 53°49'46"N latitude and 79°04'27"W longitude;
   4. 53°49'40"N latitude and 79°05'00"W longitude;
   5. 53°49'25"N latitude and 79°05'35"W longitude;
   6. 53°49'31"N latitude and 79°07'20"W longitude;
   7. 53°49'49"N latitude and 79°08'00"W longitude.

For greater certainty, included within the bounded area are the following named islands:

• Governor Island: the center of which is located at approximately 53°49'45"N latitude and approximately 79°06'00"W longitude (locally known as Uchimaauminishtikw);
• Sam Island: the center of which is located at approximately 53°50'00"N latitude and approximately 79°06'00"W longitude; and
• Seal Islands: the center of which is located at approximately 53°49'45"N latitude and approximately 79°07'30"W longitude (locally known as Aahchikuminishtikw).

NOTES:

Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the parties, and shall prevail.

When the maps attached conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions reflect the intent of the parties and shall prevail.

All coordinates are in reference to North American Datum 1927(NAD 27).

Schedule 6a - Map "Lands Selected by Nunavik Inuit in the Cree Zone"

Part 29.1: Preamble

29.1.1 Whereas Canada agreed to resolve the claim of the Nunavik Inuit respecting Labrador and7.1 the area offshore Labrador;

29.1.2 Whereas Nunavik Inuit and Labrador Inuit have agreed that the area described in Schedule 29-1 is an overlap area;

29.1.3 Whereas Nunavik Inuit and Labrador Inuit have entered into an Agreement relating to the sharing of the Nunavik Inuit/Labrador Inuit Overlap Area (the Overlap Agreement); and

29.1.4 Whereas this article sets out rights of Nunavik Inuit in the Labrador Inuit Settlement Area portion of the overlap area.

Part 29.2: Definitions and Interpretation

29.2.1 In this article:

"archaeological activity"

means physical activity carried out in the Labrador Inuit Settlement Area in connection with the discovery, recovery or field study of the remains of pre-contact and post-contact periods and includes an "archaeological investigation" as defined in the Historic Resources Act, RSNL 1990, c. H-4 and any activity that disturbs or may result in the disturbance of an archaeological site or archaeological material;

"archaeological material"

means an object of archaeological importance, interest or significance found in whole or in part on or in land in the Labrador Inuit Settlement Area and includes an "archaeological object" as defined in the Historic Resources Act, RSNL 1990, c. H-4, but does not include Inuit cultural material;

"archaeological site"

means land in the Labrador Inuit Settlement Area containing archaeological material or where an archaeological activity is conducted;

"carving stone"

means soapstone and serpentinite that is suitable for carving purposes;

"consult"

means to provide:

1. to the person being consulted, notice of a matter to be decided in sufficient form and detail to allow that person to prepare its views on the matter;
2. a reasonable period of time in which the person being consulted may prepare its views on the matter, and an opportunity to present its views to the person obliged to consult; and
3. full and fair consideration by the person obliged to consult of any views presented;

"fish"

includes:

1. parts of fish;
2. shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals; and
3. the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"harvest"

means the reduction or attempted reduction of wildlife, plants, fish or aquatic plants into possession, and includes fishing, hunting, trapping, netting, egging, picking, collecting, gathering, spearing, killing, catching, capturing or taking by any means or method and, with reference to plants, includes wooding, cutting or digging or attempting to do so;

"Inuit cultural material"

means any object from the Labrador Inuit Settlement Area, other than Archaeological Material, that is made, modified or used by humans and collected and documented for the interpretation and descriptive study of human culture and that is of cultural importance to Inuit or of value for the information it may give about contemporary, post-contact or pre-contact Inuit, but does not include Archival Records;

"Inuit domestic harvest level"

means the quantity of a species or stock of fish or aquatic plant established in accordance with part 13.6 of the Labrador Inuit Land Claims Agreement;

"Inuit harvest level"

means the quantity of a species or population of wildlife or plant established in accordance with part 12.4 of the Labrador Inuit Land Claims Agreement;

"Labrador Inuit"

means the same as Inuit as defined in the Labrador Inuit Land Claims Agreement;

"Labrador Inuit Settlement Area portion"

as described in Schedule 29-2, is the "Labrador portion" of the Overlap Agreement.

"Nunatsiavut Government"

means the government established under the Labrador Inuit Constitution pursuant to subsection 17.3.3 (a) of the Labrador Inuit Land Claims Agreement;

"Nunavik Marine Region portion"

as described in Schedule 29-3, is the "Nunavik Marine portion" of the Overlap Agreement.

"plant"

means any species of plant, other than an aquatic plant, that is wild by nature and all seeds, parts and products thereof and includes trees and wild plant species that have been planted or transplanted in the wild by humans;

"wildlife"

means all species and populations of wild mammals, amphibians and birds and all parts and products thereof, but does not include fish;

"total allowable harvest"

means the total quantity of a species or population of wildlife or plant that may be lawfully harvested.

Part 29.3: Harvesting

29.3.1 Nunavik Inuit have the right to harvest wildlife, plants, fish and aquatic plants in the Labrador Inuit Settlement Area portion of the overlap area, as set out in this Article.

29.3.2 (a) Nunavik Inuit rights and obligations respecting the harvesting of wildlife and plants in the Labrador Inuit Settlement Area portion of the overlap area shall be the same as those of Labrador Inuit under Chapter 12 of the Labrador Inuit Land Claims Agreement except Nunavik Inuit do not have rights under sections 12.3.6, 12.3.7, 12.3.8, and parts 12.7, 12.8, 12.9, 12.10, 12.12 and 12.14 of the Labrador Inuit Land Claims Agreement.

(b) Section 9.2.11 of the Labrador Inuit Land Claims Agreement shall apply to Nunavik Inuit harvesting under paragraph 29.3.2 (a) of this article.

29.3.3 In recommending any Inuit harvest level for a species or population of wildlife or plant in the Labrador Inuit Settlement Area portion of the overlap area under section 12.4.5 of the Labrador Inuit Land Claims Agreement, the Nunatsiavut Government shall take into account historic and current harvesting of that species or population by Nunavik Inuit and Labrador Inuit.

29.3.4 Nunavik Inuit shall determine with Labrador Inuit how to allocate any established Inuit harvest level for a species of population of wildlife or plant between Labrador Inuit and Nunavik Inuit. Their joint determination shall be provided to the Nunatsiavut Government. Any allocations under this section shall not exceed the Inuit harvest level established for that species or population of wildlife or plant.

29.3.5 Nunavik Inuit and Labrador Inuit have the right to share the right to harvest set out in sections 12.3.6 and 12.3.7 of the Labrador Inuit Land Claims Agreement and section 5.3.7 of this Agreement, subject to any applicable obligations, in the Labrador Inuit Settlement Area portion of the overlap area and the Nunavik Marine Region portion of the overlap area. The harvest shall not exceed the total allowable harvest or total allowable take within either of those overlap areas.

29.3.6 (a) Nunavik Inuit rights and obligations respecting the harvesting of fish and aquatic plants in the Labrador Inuit Settlement Area portion of the overlap area shall be the same as those of Labrador Inuit under Chapter 13 of the Labrador Inuit Land Claims Agreement except Nunavik Inuit do not have rights under Parts 13.9, 13.10, 13.11, 13.12, 13.13 and 13.14 of the Labrador Inuit Land Claims Agreement.

(b) Section 9.2.11 of the Labrador Inuit Land Claims Agreement shall apply to Nunavik Inuit harvesting under paragraph 29.3.6 (a) of this Agreement.

29.3.7 Nunavik Inuit shall determine with Labrador Inuit how to allocate any established Inuit domestic harvest level between Labrador Inuit and Nunavik Inuit. Their joint determination shall be provided to the Nunatsiavut Government. Any allocations under this section shall not exceed the Inuit domestic harvest level established for that species or population.

29.3.8 In recommending any Inuit domestic harvest level for a species or stock of fish or aquatic plant in the Labrador Inuit Settlement Area portion of the overlap area under section 13.6.4 of the Labrador Inuit Land Claims Agreement, the Nunatsiavut Government shall take into account historic and current harvesting of that species or stock by Nunavik Inuit and Labrador Inuit.

29.3.9 In recommending a basic needs level or adjusted basic needs level for a stock, species or population of wildlife in the Nunavik Marine Region portion of the Overlap Area under section 5.2.3, the Nunavik Marine Region Wildlife Board shall take into account historic and current harvesting of that stock, species or population by Nunavik Inuit and Labrador Inuit.

Part 29.4: Carving Stone

29.4.1 Nunavik Inuit have the right to extract carving stone in the Labrador Inuit Settlement Area portion of the overlap area. Notwithstanding section 4.6.9 of the Labrador Inuit Land Claims Agreement, Labrador Inuit have agreed to share the right to extract carving stone in the Labrador Inuit Settlement Area portion of the overlap area. The rights and obligations of Nunavik Inuit shall be the same as those of the Labrador Inuit under sections 4.6.9 and 9.2.13 of the Labrador Inuit Land Claims Agreement.

29.4.2 The Nunavik Inuit right to extract carving stone under section 29.4.1 includes the right to remove and transport carving stone from Labrador to Quebec.

Part 29.5: National Parks

29.5.1 Prior to completion of the Nunavik Inuit Land Claims Agreement, Nunavik Inuit and Parks Canada Agency shall negotiate a park impacts and benefits agreement for the Torngat Mountains National Park Reserve of Canada. The park impacts and benefits agreement shall address the matters set out in section 9.2.2 of the Labrador Inuit Land Claims Agreement. The Nunavik Inuit park impacts and benefits agreement shall be designed to provide Nunavik Inuit with opportunities comparable to the Labrador Inuit in respect of business, hiring and participation in management related to the Torngat Mountains National Park Reserve of Canada.

29.5.2 Nunavik Inuit and Parks Canada Agency shall attempt to harmonize any Nunavik Inuit park impacts and benefits agreement for the Torngat Mountains National Park Reserve of Canada with the Labrador Inuit Park Impacts and Benefits Agreement for the Torngat Mountains National Park Reserve of Canada.

29.5.3 A Nunavik Inuit park impacts and benefits agreement shall not form part of the Nunavik Inuit Land Claims Agreement, is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Part 29.6: Archaeological Resources

29.6.1 Where archaeological sites, archaeological materials and Inuit cultural materials are determined by Nunavik Inuit and Labrador Inuit to be those of Nunavik Inuit, or of both Nunavik Inuit and Labrador Inuit, Nunavik Inuit shall have the same rights and obligations as Labrador Inuit with respect to the treatment of archaeological materials, archaeological sites and Inuit cultural materials in the Labrador Inuit Settlement Area portion of the overlap area.

29.6.2 Upon receipt of an application for a permit to conduct archaeological activities in the Torngat Mountains National Park Reserve of Canada, Parks Canada Agency, as the permitting authority, shall forward a copy of the application to Makivik Corporation as soon as practicable.

29.6.3 Prior to issuing a permit to conduct archaeological activity in the Torngat Mountains National Park Reserve of Canada, Parks Canada Agency, as the permitting authority, shall consult Makivik Corporation about the permit application, whether or not a permit should be issued and, if so, the terms and conditions to be attached to it.

Part 29.7: Inuit Burial Sites, Human Remains and Sites of Religious or Spiritual Significance

29.7.1 Nunavik Inuit shall provide Parks Canada Agency with a list of known Nunavik Inuit burial sites and sites of religious or spiritual significance in the Labrador Inuit Settlement Area portion of the overlap area. Such list shall be provided by the effective date of the Nunavik Inuit Land Claims Agreement and may be amended or supplemented by Makivik Corporation which shall then provide the list, as amended or supplemented, to Parks Canada Agency.

29.7.2 Nunavik Inuit shall have the same rights and obligations as Labrador Inuit with respect to the treatment of human remains and sites of religious or spiritual significance in the Labrador Inuit Settlement Area portion of the overlap area where such human remains or sites of religious or spiritual significance have been determined by Nunavik Inuit and Labrador Inuit to be of Nunavik Inuit origin.

Part 29.8: Place Names

29.8.1 Canada shall consult Nunavik Inuit with respect to place names in the Labrador Inuit Settlement Area portion of the overlap area in the same manner as Labrador Inuit are consulted under part 16.4 of the Labrador Inuit Land Claims Agreement.

Part 29.9: Amendment

29.9.1 Canada shall not agree, without the consent of the Nunavik Inuit, to any amendment of the Labrador Inuit Land Claims Agreement that would affect the rights of Nunavik Inuit in the Labrador Inuit Settlement Area portion of the overlap area. For greater certainty, the Labrador Inuit Settlement Area portion of the Overlap Area may not be amended without the consent of the Nunavik Inuit.

Schedule 29-1: Geographic Coordinates of the Nunavik Inuit/Labrador Inuit Overlap Area Within NILCA

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Nunavik Inuit / Labrador Inuit Overlap Area is bounded within the following:

1. Commencing at the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec on the southern shore of McLelan Strait;
2. Thence westerly and southerly along the boundary of Quebec to the intersection of 66°21'40"W longitude at Cap Naujaat, at approximate 58°51'10"N latitude;
3. Thence northerly, following the geodesic line, to a point offshore northeast of Sallijukak Islet and northwest of Beacon Island at the intersection of 59°00'30"N latitude and 66°21'45"W longitude;
4. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°10'20"N latitude and 66°14'05"W longitude;
5. Thence northerly, following the geodesic line, to a point at the intersection of 59°17'45"N latitude and 66°13'40"W longitude;
6. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°25'30"N latitude and 66°04'45"W longitude;
7. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°29'15"N latitude and 65°58'20"W longitude;
8. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°34'55"N latitude and 65°54'30"W longitude;
9. Thence northwesterly, following the geodesic line, to a point at the intersection of 59°44'50"N latitude and 65°57'10"W longitude;
10. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°49'05"N latitude and 65°53'25"W longitude;
11. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°05'50"N latitude and 65°29'45"W longitude;
12. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°24'30"N latitude and 65°13'55"W longitude;
13. Thence northerly, following the geodesic line, to a point at the intersection of 60°34'10"N latitude and 65°11'45"W longitude;
14. Thence northeasterly, following the geodesic line, to a point northwest of the Button Islands at the intersection of 60°45'00"N latitude and 64°57'45"W longitude;
15. Thence east along 60°45'00"N latitude to the intersection with a line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act;
16. Thence in a general southerly direction following the line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act to the intersection of that limit with 58°30'45"N latitude;
17. Thence westerly, following the geodesic line, to a point south of Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W longitude;
18. Thence westerly, following the geodesic line, to a point southeast of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W longitude;
19. Thence southwesterly, following the geodesic line, to a point southwest of Upernavik Island at the intersection of 58°28'10"N latitude and 62°59'45"W longitude;
20. Thence northwesterly, following the geodesic line, to a point southwest of Branagin Island at the intersection of 58°29'25"N latitude and 63°11'00"W longitude;
21. Thence westerly, following the geodesic line, to point NP1 as illustrated in Canada Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Land Office, St. John's, Newfoundland and Labrador under No. SP369;
22. Thence southwesterly and northwesterly following the surveyed line to point NP13, as illustrated on Canada Lands Survey Record 89784;
23. Thence northwesterly, extending the line from NP13 through NP14 to a point where it intersects the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec;

Thence northerly following said Jurisdictional Boundary to the point of commencement.

The Nunavik Inuit / Labrador Inuit Overlap Area, includes all the marine area, islands, lands and waters within the bounded area excluding the following:

1. As illustrated in the Detail B, C and D of the descriptive map plan prepared by the Department of Natural Resources Canada, Canada Lands Survey Record 89788, dated November 15, 2004 and recorded in the Land Registry Office at St John's, Newfoundland and Labrador under Number SP 367:
   • Detail B: Parcel 98-1 and Parcel "LAB 1"
   • Detail C: Labrador Inuit Lands parcel LIL-01
   • Detail D: Parcels A, B, C and D.
2. Water Lot WL-01, for greater certainty being that lot adjacent to LIL-01. For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Schedule 29-1a: Shaded area represents the part of the Nunavik Inuit/Labrador Inuit Overlap Area relevant to this Agreement

Schedule 29-2: Geographic Coordinates of the Labrador Inuit Settlement Area Portion of the Overlap Area

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Labrador Inuit Settlement Area portion of the Overlap Area (the LISA Portion as illustrated on Schedule 29-1a), is bounded within the following:

1. Commencing on Killiniq Island at the intersection of the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Territory of Nunavut at the shoreline of Cape Chidley;
2. Thence northeasterly in a straight line to the point offshore at 60°23'N latitude and 64°24'W longitude;
3. Thence northerly in a straight line to the point offshore at 60°45'00"N latitude and 64°24'W longitude;
4. Thence proceeding east along 60°45'00"N latitude to the intersection with a line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act;
5. Thence in a general southerly direction following the line every point of which is at a distance of 12 nautical miles from the nearest point of the baselines described in the Territorial Sea Geographical Coordinates Order issued pursuant to the Oceans Act to the intersection of that limit with 58°30'45"N latitude;
6. Thence westerly, following the geodesic line, to a point south of Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W longitude;
7. Thence westerly, following the geodesic line, to a point southeast of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W longitude;
8. Thence southwesterly, following the geodesic line, to a point southwest of Upernavik Island at the intersection of 58°28'10"N latitude and 62°59'45"W longitude;
9. Thence northwesterly, following the geodesic line, to a point southwest of Branagin Island at the intersection of 58°29'25"N latitude and 63°11'00"W longitude;
10. Thence westerly, following the geodesic line, to point NP1 as illustrated in Canada Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Land Office, St. John's, Newfoundland and Labrador under No. SP369;
11. Thence southwesterly and northwesterly following the surveyed line to point NP13, as illustrated on Canada Land Survey Records 89784;
12. Thence northwesterly, extending the line from NP13 through NP14 to a point where it intersects the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec;
13. Thence in a general northerly direction following said Jurisdictional Boundary to the intersection with the southern shoreline of McLelan Strait;
14. Thence northeasterly to the intersection point of the Jurisdictional Boundary of the Province of Newfoundland and Labrador and Nunavut Territory with the northern shoreline of McLelan Strait on Killiniq Island;

The Labrador Inuit Settlement Area portion of the Overlap Area, includes all the marine area, islands, lands and waters within the bounded area excluding the following:

1. As illustrated in the Detail B, C and D of the descriptive map plan prepared by the Department of Natural Resources Canada, Canada Lands Survey Record 89788, dated November 15, 2004 and recorded in the Land Registry Office at St John's, Newfoundland and Labrador under Number SP 367:
   • Detail B: Parcel 98-1 and Parcel "LAB 1"
   • Detail C: Labrador Inuit Lands parcel LIL-01
   • Detail D: Parcels A, B, C and D.
2. Water Lot WL-01, for greater certainty being that lot adjacent to LIL-01. For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Schedule 29-3: Geographic Coordinates of the Nunavik Marine Region Portion of the Overlap Area

In the event of a discrepancy between the descriptions of this Schedule and the illustrative map of Schedule 29-1a, this Schedule shall prevail.

The Nunavik Marine Region portion of the Overlap Area (the NMR Portion as illustrated on Schedule 29-1a), includes all the Nunavut marine area, islands, lands and waters bounded within the following:

1. Commencing at the Jurisdictional Boundary of the Province of Newfoundland and Labrador and the Province of Québec on the southern shore of McLelan Strait;
2. Thence westerly and southerly along the boundary of Quebec to the intersection of 66°21'40"W longitude at Cap Naujaat, at approximate 58°51'10"N latitude;
3. Thence northerly, following the geodesic line, to a point offshore northeast of Sallijukak Islet and northwest of Beacon Island at the intersection of 59°00'30"N latitude and 66°21'45"W longitude;
4. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°10'20"N latitude and 66°14'05"W longitude;
5. Thence northerly, following the geodesic line, to a point at the intersection of 59°17'45"N latitude and 66°13'40"W longitude;
6. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°25'30"N latitude and 66°04'45"W longitude;
7. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°29'15"N latitude and 65°58'20"W longitude;
8. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°34'55"N latitude and 65°54'30"W longitude;
9. Thence northwesterly, following the geodesic line, to a point at the intersection of 59°44'50"N latitude and 65°57'10"W longitude;
10. Thence northeasterly, following the geodesic line, to a point at the intersection of 59°49'05"N latitude and 65°53'25"W longitude;
11. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°05'50"N latitude and 65°29'45"W longitude;
12. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°24'30"N latitude and 65°13'55"W longitude;
13. Thence northerly, following the geodesic line, to a point at the intersection of 60°34'10"N latitude and 65°11'45"W longitude;
14. Thence northeasterly, following the geodesic line, to a point northwest of the Button Islands at the intersection of 60°45'00"N latitude and 64°57'45"W longitude;
15. Thence east along 60°45'00"N latitude to the intersection of 64°24'W longitude, northeast of the Button Islands, being a point coincident with the Labrador Inuit Settlement Area, as defined in the Land Claims Agreement Between the Inuit of Labrador and Her Majesty the Queen In Right Of Newfoundland and Labrador and Her Majesty The Queen In Right Of Canada;

For greater certainty, all coordinates are in reference to the North American Datum 1983 (NAD 83).

Part 30.1: Definitions

30.1.1

"area adjacent to the fishing area"

means those Canadian fisheries waters within that portion of Northwest Atlantic Fisheries Organization Division 2G above the 58th parallel adjoining and lying due east of the fishing area as illustrated on Schedule 30-3.

"fishing area"

means that portion of Northwest Atlantic Fisheries Organization Division 2G above the 58th parallel extending between 12 and 40 nautical miles from the limit as defined in the Territorial Sea Geographical Coordinates Order pursuant to the Oceans Act, as amended from time to time as illustrated on Schedule 30-3.

Part 30.2: Commercial Fishing and Aquatic Plant Gathering

30.2.1 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences for scallops, Atlantic salmon and arctic char in the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.2 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish in the fishing area for species or stock of fish listed in schedule 30-1 than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.3 Subject to section 30.2.8, if in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish for species or stock of fish listed in schedule 30-2 in that area adjacent to the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer to issue 10% of the additional licences to Nunavik Inuit.

30.2.4 Subject to section 30.2.8, if after the effective date of this Agreement the Minister decides to issue commercial fishing licences to fish in the fishing area for a species or stock of fish listed in schedule 30-1 that was not subject to commercial licensing on the effective date of this Agreement, the Minister shall offer 10% of the licences to Nunavik Inuit.

30.2.5 Subject to section 30.2.8, if after the effective date of this Agreement the Minister decides to issue commercial fishing licences to fish in the area adjacent to the fishing area for a species or stock of fish listed in schedule 30-2 that was not subject to commercial licensing on the effective date of this Agreement, the Minister shall offer to issue 10% of the licences to Nunavik Inuit.

30.2.6 If in any calendar year after the effective date of this Agreement, the Minister decides to issue more commercial fishing licences to fish for shrimp in the area adjacent to the fishing area than the number available for issuance in the year of this Agreement, the Minister shall offer access to Nunavik Inuit through an additional commercial fishing licence issued to Nunavik Inuit or by some other means to 8.8% of the quantity available to be harvested under those licences.

30.2.7 Subject to section 30.2.8, if after the effective date of this Agreement, the Minister decides to issue commercial licences to harvest in the fishing area and the area adjacent to the fishing area an aquatic plant that was not subject to commercial licencing on the effective date of this Agreement, the Minister shall offer to issue 10% of the licences to Nunavik Inuit.

30.2.8 If the system for allocating commercial opportunities in relation to a species or stock of fish or aquatic plant changes from the system existing on the effective date of this Agreement, the Minister shall offer to Nunavik Inuit participation under the new system that is at least as favourable as that set out under sections 30.2.1 through 30.2.7 in relation to that species or stock of fish or aquatic plant.

30.2.9 Nothing in this part prevents the Minister from continuing to issue commercial fishing licences available for issuance on the effective date of this Agreement.

30.2.10 All licences issued to Makivik under this part shall be subject to laws of general application governing any other similar licence.

30.2.11 For purposes of calculating the number of licences available for issuance in sections 30.2.1, 30.2.2, 30.2.3 and 30.2.6, a licence is deemed to be available for issuance if a person is eligible to be issued the licence in accordance with the then existing federal policy for the issuance of commercial fishing licences.

Schedule 30-1

• GREY SEAL
• HARP SEAL
• RINGED SEAL
• HARBOUR SEAL
• HOODED SEAL
• BEARDED SEAL
• WALRUS
• CLAM
• MUSSEL
• SQUID
• WHELK
• SHRIMP
• SEA URCHIN
• SEA CUCUMBER
• STAR FISH
• LUMP FISH
• ROCK COD
• TOM COD
• SCULPIN
• SMELT
• CAPELIN
• EEL
• SAND LANCE
• MACKEREL
• HERRING
• WOLF FISH
• BROOK TROUT
• LAKE TROUT
• OUANANICHE
• NORTHERN PIKE
• WHITEFISH
• LANDLOCKED CHAR
• BURBOT
• SKATE
• SUCKERS
• SHARK
• ARCTIC COD (POLAR COD)
• GRENADIER
• ATLANTIC HALIBUT
• FLOUNDER
• SOLE
• PLAICE
• REDFISH
• ROCK CRAB
• TOAD CRAB
• SNOW CRAB
• PORCUPINE CRAB
• STONE CRAB
• SPINY CRAB
• SEA TROUT
• GREENLAND HALIBUT (TURBOT)

The list in this schedule is subject to the addition of further species or stocks of Fish as agreed to by Makivik and the Minister.

Schedule 30-2

• HARP SEAL
• HOODED SEAL
• TOAD CRAB
• SNOW CRAB
• SEA CUCUMBER
• SAND LANCE
• WOLF FISH
• PORCUPINE CRAB
• SHARK
• ARCTIC COD (POLAR COD)
• GRENADIER
• ATLANTIC HALIBUT
• FLOUNDER
• SOLE
• PLAICE
• STONE CRAB
• SPINY CRAB
• CAPELIN
• SQUID
• SKATE
• REDFISH
• GREENLAND HALIBUT (TURBOT)

The list in this schedule is subject to the addition of further species or stocks of Fish as agreed to by Makivik and the Minister.

Schedule 30-3