Agreement Between the Crees of Eeyou Istchee and Her Majesty the Queen in Right of Canada Concerning the Eeyou Marine Region

Status of this Agreement

2.1 This Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

2.2 Nothing in this Agreement shall:

1. be construed so as to deny that the Crees are an aboriginal people of Canada;
2. be construed so as to deny that the Crees are "Indians" within the meaning of section 91(24) of the Constitution Act, 1867;
3. affect the ability of the Crees to participate in or benefit from any existing or future constitutional rights for the Crees or aboriginal people generally that may be applicable to them;
4. affect the ability of the Crees to participate in international fora;
5. affect the ability of the Crees to benefit from international agreements to which Canada is a party concerning aboriginal (indigenous) peoples, that are applicable to them;
6. affect government programs and funding, and the obligations of the federal, provincial and territorial governments, which shall continue to apply to the Crees on the same basis as to other aboriginal peoples subject to the general criteria established from time to time for the application of such programs;
7. affect the rights of the Crees as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other citizens applicable to them from time to time;
8. affect the rights and benefits of the Crees under the Cree-Naskapi (of Québe Act; or
9. affect the rights and benefits of the Crees contained in the James Bay and Northern Québec Agreement.

Interpretation

2.3 This Agreement, including the Preamble and any Schedule referred to in this Agreement, shall be read together and interpreted as one (1) agreement. For greater certainty, the Preamble and Schedules of this Agreement shall form an integral part thereof.

2.4 All headings are for convenience of reference only and form no part of this Agreement.

2.5 This Agreement shall be the entire agreement between the Parties concerning the subject matters there dealt with and there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.

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

2.7 Neither Party to this Agreement shall have a claim or cause of action based on a finding that any provision of this Agreement is invalid.

2.8 Neither Party shall challenge the validity of any provision of this Agreement.

2.9 Subject to sections 2.10 and 2.11, all federal and territorial Legislation shall apply in the EMR.

2.10 Where there is any inconsistency or conflict between any Legislation and this Agreement, this Agreement shall prevail to the extent of the inconsistency or conflict.

2.11 Where there is any inconsistency or conflict between the Legislation ratifying and implementing this Agreement and any other Legislation, the ratifying and implementing Legislation shall prevail to the extent of the inconsistency or conflict.

2.12 This Agreement shall be governed by and construed in accordance with the law applicable in the EMR. For greater certainty, the Interpretation Act, R.S.C. 1985, c. I-21, shall apply to this Agreement.

2.13 Citation of Legislation refers to Legislation and successor Legislation as amended from time to time:

1. except where the Parties have provided otherwise; and
2. for greater certainty, reference to the Constitution Act, 1867 and the Constitution Act, 1982 includes the 1983 amendments and any later amendments.

2.14 Where this Agreement requires a Person to negotiate a matter, that Person shall negotiate in good faith.

Coming Into Force

2.15 This Agreement shall come into force upon its ratification by Canada and the Crees in accordance with the ratification provisions set out in Chapter 32 of this Agreement.

2.16 Ratification of this Agreement by both Canada and the Crees is a condition precedent to the validity of this Agreement and, in the absence of such ratification, this Agreement shall be null and void and of no force and effect.

2.17 Government shall, in Consultation with the GCC(EI), prepare any Legislation required to implement this Agreement, including any amendments thereto.

Amendments

2.18 Amendments to this Agreement shall require the consent of the Parties as evidenced by:

1. in respect of Canada, an order of the Governor in Council, and
2. in respect of the Crees, a resolution of the board of directors of the Grand Council of the Crees (Eeyou Istchee).

Transfer of Authority

2.19 Any power vested in a Minister of Canada or in a Minister of the Executive Council of Nunavut, pursuant to the provisions of this Agreement, may be transferred to another Minister of Canada, or to another Minister of the Executive Council of Nunavut, respectively. The GCC(EI) shall be given notice in regard to such transfer.

2.20 Nothing in this Agreement shall restrict the authority of Canada to devolve or transfer powers or jurisdiction to another government, or to the GCC(EI) or a GDO, provided that the devolution or transfer shall not abrogate or derogate from any rights of the Crees in this Agreement. This section shall not be interpreted as affecting the fiduciary relationship between the Crown and the Crees.

2.21 Without diminishing or otherwise altering the responsibilities of Canada under this Agreement, where this Agreement does not identify a particular person or body responsible for exercising a function of Government, the Governor in Council, in the case of Canada, and the Executive Council, in the case of Nunavut, may designate a person or body to exercise that function on its behalf or authorize a Minister to make such a designation. The GCC(EI) shall be given notice of such designation.

2.22 Subject to sections 2.20 and 2.21, and except as otherwise provided in this Agreement, a Party to this Agreement shall not directly or indirectly assign or otherwise transfer any right or obligation with respect to this Agreement without the prior written consent of the other Party.

Certainty

2.23 This Agreement constitutes the full and final settlement in respect of the aboriginal rights, including the aboriginal title, of the Crees of Eeyou Istchee with respect to the use and ownership of lands and Resources in Nunavut and in the area comprising Hudson Bay and James Bay.

2.24 The provisions of this Agreement do not affect any aboriginal rights, including rights to self-government, that the Crees of Eeyou Istchee may have, to the extent that those rights do not relate to or affect the use and ownership of lands or Resources in Nunavut and in the area comprising Hudson Bay and James Bay.

2.25 This Agreement exhaustively sets out the rights, whether modified or not, of the Crees of Eeyou Istchee in Nunavut and in the area comprising Hudson Bay and James Bay recognized by section 35 of the Constitution Act, 1982 with respect to the use and ownership of lands and Resources, including the geographic extent of those rights as well as the attributes and the limitations to those rights which the Parties have agreed.

2.26 Notwithstanding the common law, as a result of this Agreement and the ratification act, the aboriginal rights, including aboriginal title, of the Crees of Eeyou Istchee with respect to the use and ownership of lands and Resources, as they existed in Nunavut and the area comprising Hudson Bay and James Bay before the Effective Date of this Agreement, including their attributes, limitations and geographic extent, are

1. to the extent they are identical to the rights set out in this Agreement, including all their attributes, limitations and the geographic description of the rights set out in this Agreement, continued as aboriginal rights as set out in this Agreement, and
2. to the extent that they differ, from the rights set out in this Agreement, including all the attributes, limitations and geographic description of the rights set out in this Agreement, modified and continue only as set out in this Agreement.

2.27 For greater certainty, the aboriginal title of the Crees of Eeyou Istchee in Nunavut and the area comprising Hudson Bay and James Bay as it existed before the Effective Date of this Agreement is modified to the extent that it, including its attributes, limitations and geographic extent, differs from Cree title in Cree Lands as set out in this Agreement.

2.28 The purpose of section 2.26 is to ensure that as of the Effective Date of this Agreement and with respect to the use and ownership of lands and Resources in Nunavut and in the area comprising Hudson Bay and James Bay:

1. the Crees of Eeyou Istchee have and can exercise their rights pursuant to section 35 of the Constitution Act, 1982 as set out in this Agreement, including their geographic extent and their attributes and the limitations to those rights to which the Parties have agreed;
2. Canada and all other Persons can exercise their rights, authorities, jurisdictions and privileges in a manner consistent with the rights of the Crees of Eeyou Istchee pursuant to section 35 of the Constitution Act, 1982 as set out in this Agreement; and
3. Canada and all other Persons do not have any obligations in regard to any aboriginal rights, including aboriginal title, of the Crees of Eeyou Istchee with respect to the use or ownership of lands or Resources in Nunavut or in the area comprising Hudson Bay or James Bay to the extent that those rights might be in any way different in attributes, limitations or geographic extent from the rights, including their attributes, limitations or geographic extent, of the Crees of Eeyou Istchee pursuant to section 35 of the Constitution Act, 1982 set out in this Agreement.

2.29 An unmodified aboriginal right of the Crees of Eeyou Istchee set out in this Agreement shall have the same legal status and effect as a modified right set out in this Agreement.

2.30 The Crees of Eeyou Istchee release Canada and all other Persons from all claims, demands, actions or proceedings, of whatever kind, whether known or unknown, that the Crees of Eeyou Istchee ever had, now have or may have in the future, relating to or arising from any act or omission before the Effective Date of this Agreement that may have affected, interfered with or infringed any aboriginal right of the Crees of Eeyou Istchee with respect to the use or ownership of lands or Resources in Nunavut or in the area comprising Hudson Bay or James Bay.

2.31 For greater certainty, this Agreement does not affect the rights and recourses of Crees in respect to personal injury claims for physical or psychological harm and resulting damages attributable to contaminants or the discharge of pollutants in Nunavut or in the area comprising Hudson Bay or James Bay before the Effective Date of this Agreement, providing such claims are not based on aboriginal rights.

2.32 The Crees of Eeyou Istchee will indemnify and forever save harmless Government from any and all damages, costs (excluding fees and disbursements of solicitors and other professional advisors and experts), losses or liabilities, that Government may suffer or incur in connection with or as a result of any suit, action, cause of action, claim, proceeding or demand relating to or arising from:

1. the existence of an aboriginal right of the Crees of Eeyou Istchee in respect to the use or ownership of lands or Resources in Nunavut or in the area comprising Hudson Bay or James Bay that is determined to be other than, or different in attributes, limitations or geographical extent from, the rights of the Crees of Eeyou Istchee under section 35 of the Constitution Act, 1982 set out in this Agreement; or
2. any act or omission by Government before the Effective Date of this Agreement that may have affected, interfered with or infringed any aboriginal right of the Crees of Eeyou Istchee with respect to the use or ownership of lands or Resources in Nunavut or in the area comprising Hudson Bay or James Bay.

2.33 Government represents and warrants that as of the Effective Date of this Agreement, Government has not been notified of nor has Government any knowledge of any judicial proceeding which may give rise to an indemnity under section 2.32 of this Agreement.

2.34 If, after the Effective Date of this Agreement, Government becomes subject to a suit, action, cause of action, claim, proceeding or demand which may give rise to an indemnity under section 2.32 of this Agreement, it is a condition precedent for the application of such an indemnity provision that Government:

1. notify in writing the GCC(EI), or the GDO designated for such purposes by the GCC(EI), within a reasonable delay from the receipt by Government of any such suit, action, cause of action, claim, proceeding or demand;
2. diligently defend the suit, action, cause of action, claim, proceeding or demand and pursue any appeal or judicial review in relation thereto unless the GCC(EI), or the GDO designated for such purposes by the GCC(EI), agrees otherwise; and
3. not settle or compromise the suit, action, cause of action, claim, proceeding or demand except with the consent of the GCC(EI) or of the GDO designated for such purposes by the GCC(EI), which consent will not be arbitrarily or unreasonably withheld or delayed;

2.35 The GCC(EI), or the GDO designated for such purposes by the GCC(EI), shall have the right to participate as a party to any suit, action, cause of action, claim, proceeding or demand, including any appeal, referred to in section 2.34.

2.36 For greater certainty, Government and the GCC(EI), or the GDO designated for such purposes by the GCC(EI), reserve their rights to raise any argument of fact or of law and use any procedural or other legal means in order to diligently defend or deal with any such suit, action, cause of action, claim, proceeding or demand.

Municipalities

2.37 Government shall not extend the boundaries of an existing municipality or create any municipalities in the EMR without the consent of the GCC(EI).

Judicial and Other Proceedings

2.38 Where a Cree or a GDO has a right of action in relation to this Agreement, the GCC(EI) or a GDO may bring such action on behalf of such Cree or other GDO. This section shall not preclude a Cree or a GDO from commencing an action on his or her own behalf or on behalf of others in relation to this Agreement.

2.39 If in any judicial or administrative proceeding a question is raised respecting the interpretation, validity or application of this Agreement, the act referred to in section 32.7 or federal or territorial Legislation enacted for purposes of implementing this Agreement, the question shall not be heard until reasonable prior notice has been given to the GCC(EI) and to Government.

2.40 Government, the GCC(EI) or any GDO designated for this purpose by the GCC(EI), is entitled as of right to be heard with respect to a question referred to in section 2.39 and shall be considered a party to the judicial or administrative proceedings for the purpose of an appeal from an adjudication as to such question or for the purpose of a judicial review of the legal proceedings or an order or decision made in the judicial or administrative proceedings.

2.41 For the purposes of sections 2.39 and 2.40, judicial or administrative proceedings include any civil, criminal or regulatory proceeding or inquiry in which evidence is or may be given, and include an arbitration and a proceeding before a board, commission or tribunal.

2.42 The Parties agree to submit any dispute that a Party may raise regarding the application, interpretation or implementation of this Agreement to the dispute resolution process set out in Part A of Chapter 31 and failing that, subject to Part B of Chapter 31, to the Federal Court of Canada.

2.43 Subject to section 2.42, the Nunavut Court of Justice shall have jurisdiction in respect of any action or proceeding arising out of this Agreement and the Court shall be empowered to physically convene in Quebec to hear such actions or proceedings. Further, the Nunavut Court of Justice shall be empowered to exercise and perform, in Quebec, all the powers, duties and functions of the Court with respect to such a civil case. Nothing in this Agreement shall be construed to limit any jurisdiction the Federal Court of Canada may have from time to time.

2.44 The Nunavut Court of Justice shall be empowered to physically convene in Eeyou Istchee to hear the matter of any Cree charged with a federal or territorial offence committed or charged to have been committed in the EMR. More specifically, in such case and in regard to such offence or charge:

1. such judge, when sitting within Eeyou Istchee under this section, has and may exercise and perform all the powers, duties and functions of the Nunavut Court of Justice;
2. the provisions of subsections 35(2) and (3) of the Nunavut Act, S.C. 1993, c. 28, as they read on the Effective Date of this Agreement shall apply to proceedings under this section; and
3. the provisions of paragraph 18.0.23 of the JBNQA regarding the right to interpreters and of translation in the Cree language shall apply to proceedings under this section.

2.45 Where there are public hearings conducted by or for Government, or by or for a public body of Government, in a Cree community on a matter affecting a Cree interest in the EMR, a Cree participant in such public hearings has a right to the translation and interpretation of those hearings in the Cree language at the expense of Government.

Public Services in the EMR

2.46 Policing and search and rescue services, health and social services, education services and income security programs may be provided in the EMR (excluding the Inuit Zonby institutions, boards or entities contemplated by the JBNQA.

Signs and Postings

2.47 All signs and postings from Government in the EMR shall be in the Cree language. The Cree language shall be at least as prominently displayed as any other language used in such signs and postings.

Periodic Review

2.48 The Parties recognize and acknowledge that this Agreement provides a foundation for an ongoing relationship between the Parties in regard to the EMR and commit to conducting a periodic review of this Agreement in accordance with sections 2.49 to 2.56.

2.49 At least sixty (60) days before the tenth (10^tanniversary of the Effective Date of this Agreement and every tenth (10^tanniversary thereafter, a Party may provide the other Party with notice if it wishes to discuss a matter contemplated by section 2.50. The Parties shall provide a copy of such notice to the government of Nunavut.

2.50 The purpose of the periodic review is to provide an opportunity for the Parties to meet and discuss:

1. the practicability of processes established by the Parties in accordance with this Agreement;
2. other matters in respect of the implementation of the provisions of this Agreement as the Parties may agree in writing; and
3. any other matter of interest to Government or the GCC(EI) arising from this Agreement.

2.51 Unless the Parties agree otherwise, the periodic review discussions will not exceed six (6) months, and within sixty (60) days of the end of that discussion, each Party will provide the other Party with its response on any matter discussed during that period.

2.52 The periodic review contemplated herein and all discussions and information relating to the matters of the periodic review are without prejudice to the respective legal positions of the Parties, unless the Parties otherwise agree, and nothing made or done in respect of a periodic review, including the discussions or the response provided by the Parties, except for the amendments made pursuant to section 2.18, creates any legally binding rights or obligations.

2.53 Except for the Parties' commitment to meet and provide responses as described in section 2.51, neither the periodic review process contemplated herein, nor the decisions and actions of the Parties relating in any way to the periodic review process are:

1. subject to the Dispute Resolution Processes set out in Chapter 31; or
2. reviewable by a court or in any other forum.

2.54 For greater certainty, the Parties are not required to agree to amend this Agreement or any agreement contemplated by this Agreement as a result of the periodic review contemplated herein.

2.55 Where the Parties agree to amend this Agreement, any such amendment will be made in accordance with section 2.18. Where the Parties agree to amend an agreement contemplated by this Agreement it will be amended in accordance with its terms.

2.56 Each Party will be responsible for its own costs in relation to the periodic review process.

Schedule 4-1 Geographic Coordinates of the Eeyou Marine Region (EMR)

The Eeyou Marine Region, as illustrated on Schedule 4-1A, includes all the Marine Areas, islands, Lands and Waters within the following boundary:

1. Commencing at the Ontario-Québec boundary, as defined in An Act respecting the north-western, northern and north-eastern boundaries of the province of Quebec, Can. 61, Vict. c. 3, near Chiyask Bay at approximate 51°27'40" N latitude and approximate 79°31'05'' W longitude;
2. thence northwesterly following the geodesic line to the intersection of 51°47'00" N latitude and 80°00'00" W longitude, southwest of Charlton Island;
3. thence northwesterly following the geodesic line to the intersection of 52°45'00" N latitude and 80°30'00" W longitude, east of Akimiski Island;
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, being a point coincident with point 4 described in Schedule 1, Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area, of the Cree/Inuit Offshore Overlap Agreement, appended as Schedule 30-1;
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;
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 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, being a point coincident with point 13 described in Schedule 1, Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area, of the Cree/Inuit Offshore Overlap Agreement, appended as Schedule 30-1;
14. thence east following 57°47'56" N latitude, passing approximately one (1) kilometer north of Cotter Island, as illustrated on Schedule 1c of the Cree/Inuit Offshore Overlap Agreement, appended as Schedule 30-1, to a point at the intersection with the boundary of Québec at approximate 76°58'45" W longitude, being a point coincident with point 14 described in Schedule 1, Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area, appended as Schedule 30-1;
    
    thence in a general southerly direction following the boundary of Québec to the point of commencement.

NOTE: Where topographic descriptions conflict with geographic coordinates, the topographic descriptions reflect the intention of the Parties, and shall prevail. When the map attached conflicts 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 4-1A Eeyou Marine Region (EMR)

5.1 Definitions

5.1.1 In this chapter:

"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 a Person has 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;

"Land Titles Office" means the office of the Registrar in Nunavut;

"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 of Land Titles" as defined in the Land Titles Act, R.S.N.W.T. 1988, c. 8 as duplicated for Nunavut pursuant to section 29 of the Nunavut Act, S.C. 1993, c. 28;

"Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a Person authorized by the Minister of Natural Resources Canada to carry out any or all of the duties of the Surveyor General;

5.2 Cree Lands

5.2.1 Cree Lands shall include:

1. any Lands in the EMR identified as Cree Lands as provided in Schedule 5-1 to this chapter;
2. any Lands jointly owned with the Nunavik Inuit within the Joint Inuit/Cree Zone of the EMR as provided in Schedule 5-2;
3. any replacement Lands provided in accordance with section 7.4; and
4. where Government agrees, Lands acquired by a GDO or a MDO in the EMR. The consent of Government cannot be unreasonably withheld.

5.3 Nature of Title

5.3.1 Title to Cree Lands shall include:

1. all Lands described in Schedule 5-1 and Schedule 5-2 above the Ordinary High Water Mark without Crown reservations 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 Cree Lands;
4. the strip of land one hundred (100) feet in width, measured from the Ordinary High Water Mark or from the boundary line which, absent this provision, would be reserved to the Crown pursuant to section 13 of the Territorial Lands Act, R.S.C., 1985, c. T-7; and
5. for greater certainty Cree Lands shall include the exclusive use and enjoyment of any lakes, rivers, streams or any other bodies of water within or flowing through Cree Lands.

5.3.2 Title vested pursuant to subsection 5.5.1 may be referred to as "Cree title".

5.3.3 Cree 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 section 35 of the Constitution Act, 1982 of:

1. the Crees in the EMR, and
2. the Nunavik Inuit in the Cree / Inuit Overlap Area.

5.3.4 For greater certainty, Cree Lands shall be held for and on behalf of all Crees and not for an individual Cree or individual Cree Band.

5.4 Disposition of Interests

5.4.1 Cree Lands shall not be conveyed, transferred or otherwise disposed of by the GDO except to another GDO or to Canada.

5.4.2 Subsection 5.4.1 shall not be construed as preventing the grant by the GDO, for a term of seventy-five (75) year duration or less, of leases, licences or any other interest less than fee simple title in or over Cree Lands or any portion or parcel thereof.

5.4.3 No Person may acquire any estate or interest in Cree Lands by prescription, adverse possession or limitation of action.

5.4.4 Cree title in Cree Lands is not subject to mortgage, attachment, charge, seizure, distress, execution or sale.

5.4.5 In addition to the provisions of section 5.4, any disposition of Lands identified in Schedule 5-2 (Joint Zonis subject to section 5.7 of the Cree/Inuit Offshore Overlap Agreement.

5.5 Vesting of Cree Lands Upon Effective Date of this Agreement

5.5.1 On the Effective Date of this Agreement, title to Cree Lands excluding Lands referred to in Schedule 5-1 shall vest in the GDO. The Lands identified in Schedule 5-2 shall vest in the MDO and the GDO.

5.5.2 On the Effective Date of this Agreement, Government shall deliver to the Registrar an original signed copy of this Agreement and notification that title to Cree Lands has been vested in accordance with subsection 5.5.1.

5.5.3 At the delivery of a copy of this Agreement and notification to the Registrar pursuant to subsection 5.5.2, the Registrar shall treat the notification as if it were letters patent in favour of the GDO or jointly with the MDO, as the case may be, even if there is no plan of survey.

5.5.4 After the delivery of a copy of this Agreement in accordance with subsection 5.5.2, 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 in accordance with subsection 5.5.1 and shall issue certificates of title in the form set out in Schedule 5-3 to this chapter.

5.6 Indemnification of Registrar

5.6.1 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 subsection 5.5.4.

5.6.2 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 Lands not being within the jurisdiction of the Registrar.

5.7 Property Descriptions, Surveys and Boundaries

5.7.1 Boundaries or part of the boundaries of Cree Lands may for any purpose be surveyed at Government's discretion. The boundaries of Cree Lands abutting third party interests as listed in Schedule 5-4 and on South Twin Island shall be surveyed by Government within two (2) years of the Effective Date of this Agreement.

5.7.2 Government shall be responsible for the cost of each legal survey that is conducted pursuant to subsection 5.7.1 provided that this provision shall not prevent Government from levying charges in respect of such surveys on any third party which is not a MDO whose Lands abut Cree Lands.

5.7.3 Each boundary survey conducted pursuant to subsection 5.7.1 shall be conducted in accordance with the instructions of the Surveyor General pursuant to the Canada Lands Surveys Act, R.S. 1985, c. L-6, as if the Lands were still Canada Lands.

5.7.4 Where a legal survey is completed for any boundary or any part of a boundary of Cree Lands, the plan of survey, when signed by the GDO, the MDO, 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, effective as of the Effective Date of this Agreement.

5.7.5 Government shall not be responsible for the costs of surveys associated with the leasing or subdivision of Cree Lands.

5.7.6 The GDO may parcel out one (1) or more areas of Cree Lands by way of a survey, descriptive plan or similar process. The Registrar shall, in the ordinary course of operations and without charge, record such parcel or area of Cree Lands and issue therefore a separate certificate of title to the GDO in the form set out in Schedule 5-3 to this chapter, and shall thereafter record without charge any interest granted therein by the GDO.

5.7.7 A notice to the Registrar from a GDO in which title to Cree Lands is vested that another GDO 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 GDO to the other GDO, and the Registrar shall, within thirty (30) days and without charge, issue a new certificate of title in the name of the other GDO in the form set out in Schedule 5-3 to this chapter.

5.7.8 Subject to subsection 5.7.4, where a survey of Cree Lands is being conducted and where the location of any boundary of Cree Lands is found to be unclear, the Surveyor General shall have the authority to define the location of the intended boundary by placing a series of monuments or other means.

5.7.9 Natural Boundaries of Cree Lands along tidal waters shall be located at the Ordinary High Water Mark of those tidal waters, unless otherwise indicated in Schedule 5-2 and Schedule 5-3 or in an official plan of survey.

5.7.10 Notwithstanding subsections 5.7.1 and 5.7.4, and for greater certainty, Natural Boundaries of Cree 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.

5.8 Contaminated Sites

5.8.1 Where Government undertakes any program respecting the clean-up of Contaminated Sites on Crown Lands in the EMR, the program shall apply to such sites on Cree Lands that are listed in Schedule 5-5 of this chapter as if the Lands were Crown Lands. Government shall notify the GDO of any such program.

5.8.2 After the Effective Date of this Agreement, the Parties may agree that a site not listed in Schedule 5-5 was a Contaminated Site on the Effective Date of this Agreement and, upon consent of the Parties, the list in Schedule 5-5 shall be considered to have been amended to include that site.

5.8.3 Any dispute as to whether a Contaminated Site existed on the Effective Date of this Agreement may be referred by a Party for resolution in accordance with Chapter 31. If a dispute goes to Arbitration in accordance with Chapter 31 and if the Arbitrators confirm that a site existed on the Effective Date of this Agreement, the list in Schedule 5-5 shall be considered to have been amended to include that site.

5.8.4 Government shall be responsible for the costs associated with any clean-up under subsection 5.8.1 on Cree Lands. This provision shall not prevent Government from recovering from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under subsection 5.8.1.

5.8.5 There shall be no compensation payable for damage which may be caused to Cree Lands as a result of the clean-up of Cree Lands under subsection 5.8.1.

5.8.6 Government shall not be liable for any loss or damage to Crees, or a GDO from Contaminated Sites on Cree Lands whether or not they are known on the Effective Date of this Agreement. This provision does not affect any obligation of Government under subsections 5.8.1 and 5.8.4.

5.8.7 If Government completes the clean-up of Contaminated Sites on Bear Island or Grey Goose Island, the GDO may request that Canada designate such island or islands as Cree Lands, in exchange for a transfer by the GDO to Canada of Lands of equivalent size jointly selected by Canada and the GDO. The Lands so transferred by the GDO to Canada shall become Crown Lands. Canada shall give fair consideration to any such request by the GDO.

5.9 Cree Water Rights

5.9.1 The GDO shall have the exclusive right to the use of Water on, in or flowing through Cree Lands.

5.9.2 The GDO shall have the right to have Water flow through Cree Lands substantially unaffected in quality, quantity and flow.

5.9.3 The impoundment of Seawater in the EMR may not be carried out by any Person without the consent of the GDO.

Schedule 5-1 Eeyou Marine Region (EMR) Cree Zone

As per this Agreement, the Cree/Inuit Offshore Overlap Agreement, appended as Schedule 30-1, and the Nunavut Settlement Area (NSA) as defined in the Nunavut Land Claims Agreement, the EMR Cree Zone, as illustrated in Schedule 5-1A, includes all the Marine Areas, islands, Lands and Water and Seawater within the following boundary:

1. Commencing at the Ontario-Québec boundary, as defined in An Act respecting the north-western, northern and north-eastern boundaries of the province of Québec, Can. 61, Vict. c. 3, near Chiyask Bay at approximate 51°27'40" N latitude and approximate 79°31'05'' W longitude;
2. thence northwesterly following the geodesic line to the intersection of 51°47'00" N latitude and 80°00'00" W longitude, southwest of Charlton Island;
3. thence northwesterly following the geodesic line to the intersection of 52°45'00" N latitude and 80°30'00" W longitude, east of Akimiski Island;
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, being a point coincident with point 4 described in Schedule 1, Geographic Coordinates of the Cree/Inuit Offshore Overlapping Interests Area, of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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 NSA as defined in the Nunavut Land Claims Agreement, for greater certainty being also point 5 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being point 3 of Schedule 2 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
7. thence south along 80°00' W longitude to the intersection of 54°46' N latitude, southwest of Long Island, being point 2 of Schedule 2 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
8. thence southeasterly, as illustrated on Schedule 2b of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1, 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; being point 1 of Schedule 2 of the Cree/Inuit Offshore Overlap Agreement;
   
   thence generally southerly following the boundary of Québec to the point of commencement.

Subject to Chapter 5 and in accordance with Schedule 30-1, all EMR Cree Zone Lands, are Cree Lands, less the following:

1. Grass Island (locally known as Aamishkushiiunikaacof 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).
   
   
3. Bear Island, of which the centre is located at approximately 54°30' N latitude and 81°06' W longitude;
4. Grey Goose Island, of which the centre is located at approximately 53°54'00" N latitude and 79°53'24" W longitude;
5. North Twin Island, of which the centre is located at approximately 53°18'36" N latitude and 80°00'00" W longitude;
6. South Twin Island Crown parcel, subject to survey and as illustrated on Schedule 5-1b, is approximated by the following:
   1. Commencing at the Ordinary High Water Mark at approximate 53°07'23" N latitude and 79°49'31" W longitude;
   2. thence southwesterly, to a height of land, at approximate 53°07'03" N latitude and 79°51'09" W longitude;
   3. thence southwesterly, to a height of land, at approximate 53°06'52" N latitude and 79°52'01" W longitude;
   4. thence northwesterly to the Ordinary High Water Mark at approximate 53°08"26" N latitude and 79°54'17" W longitude;
   5. thence, generally northerly and southerly following the Ordinary High Water Mark 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), except for coordinates in F above and those illustrated on Schedule 5-1B that are in reference to NAD 83.

Schedule 5-1A Eeyou Marine Region (EMR) Cree Zone

Schedule 5-1B South Twin Island Crown Parcel

Schedule 5-2 Eeyou Marine Region (EMR) Joint Zone

As per this Agreement, the Cree/Inuit Offshore Overlap Agreement, appended as Schedule 30-1, and the Nunavut Settlement Area (NSA) as defined in the Nunavut Land Claims Agreement, the EMR Joint Zone, as illustrated on Schedule 5-2A, includes all the Marine Areas, islands, Lands and Water and Seawater within the following boundary:

1. Commencing, as illustrated on Schedule 2b of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1, 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, being point 1 of Schedule 2 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being point 2 of Schedule 2 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
3. thence north following 80°00' W longitude to a point at the intersection of 55°00' N latitude, northwest of Long Island, being point 3 of Schedule 2 of the Cree / Inuit Offshore Overlap Agreement appended as Schedule 30-1 being also coincident with the NSA;
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, being also point 6 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being also point 7 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being also point 8 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being also point 9 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being also point 10 of Schedule 1 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being point 4 of Schedule 4 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
10. thence east, as illustrated in Schedule 2c of the Cree/Inuit Offshore Overlap Agreement contained in Schedule 30-1, 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, being point 3 of Schedule 4 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being point 2 of Schedule 4 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
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, being point 1 of Schedule 4 of the Cree/Inuit Offshore Overlap Agreement appended as Schedule 30-1;
    
    thence in a general southerly direction following the boundary of Québec to the point of commencement.

Subject to Chapter 5 and in accordance with Chapter 30 and Schedule 30-1, all EMR Joint Zone Lands, are jointly owned by the MDO and GDO, less the following:

1. Gillies Island, per Certificate of Title 164, Nunavut Land Titles Office;

NOTE:

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 5-2A Joint Zone

Schedule 5-3 Form of Certificate of Title

Schedule 5-4 Eeyou Marine Region (EMR) Third Party Property Interests (Section 5.7.1)

Certificate of Titles

1. Taylor Island: per Certificate of Title 164, Nunavut Land Titles Office.
2. Gillies Island: per Certificate of Title 164, Nunavut Land Titles Office.

Schedule 5-5 Contaminated Sites on Cree Lands (Subsections 5.8.1, 5.8.2 and 5.8.3)

Note: No Contaminated Sites identified as of the Effective Date of this Agreement.

6.1 General

6.1.1 For greater certainty, no Protected Area or Marine Protected Area may include Cree Lands without the consent of the GDO.

6.1.2 Notwithstanding subsection 6.1.1, Cree Lands located in the Twin Islands Wildlife Sanctuary may be included within a Protected Area. Upon the inclusion of such Cree Lands in a Protected Area, a joint Cree/Government management advisory committee for the Twins Islands Wildlife Sanctuary shall be established regardless of the conclusion of any Protected Area Impact Benefits Agreement, and subsections 6.3.1 to 6.3.6 shall apply mutatis mutandis. At any time pursuant to a thirty (30) day notice, the GDO may request that Government negotiate, for the purpose of concluding PAIBA pursuant to section 6.4 and the provisions of that section shall apply mutatis mutandis.

6.1.3 The remuneration and expenses incurred by a conciliator appointed under this chapter shall be assumed by Canada.

6.2 Establishment of Protected Areas

6.2.1 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.

6.2.2 No land use plan shall apply within or amend the boundaries of Protected Areas once established.

6.2.3 Development impact assessment shall apply to Project Proposals in Protected Areas.

6.2.4 Except for National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks, the establishment, disestablishment or changing of the boundaries of Protected Areas is subject to the approval of the EMRWB pursuant to paragraph 13.2.2 a).

6.2.5 The establishment, disestablishment or changing of the boundaries of Protected Areas on Cree Lands is subject to the approval of a GDO.

6.2.6 The establishment, disestablishment or changing of the boundaries of National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks outside of Cree Lands shall be done in Consultation with a GDO.

6.2.7 Notwithstanding subsection 6.2.6, in the case of emergency, Government may establish, disestablish or change the boundaries of a Protected Area without Consulting a GDO. Government shall advise the GDO 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.

6.3 Planning and Management of Protected Areas

6.3.1 The Parties agree to the general desirability of involving Crees in the planning and management of Protected Areas. Accordingly, in addition to all other rights and benefits in this chapter, a GDO shall be Consulted in the planning and management of Protected Areas.

6.3.2 A joint Cree/Government management advisory committee ("Committee") shall be established through a PAIBA when requested either by Government or a GDO.

6.3.3 If established, the Committee shall consist of an equal number of members appointed by the appropriate GDO and the appropriate Minister.

6.3.4 The Committee may advise the Minister or the Minister's designate, the EMRWB, or other agencies, as it deems appropriate, on all matters related to Protected Areas management.

6.3.5 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. 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.

6.3.6 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.

6.4 Protected Area Impact and Benefit Agreements (PAIBAs)

6.4.1 No Protected Area shall be established until the obligations set out in subsection 6.4.2 and subsection 6.4.3 have been complied with.

6.4.2 Prior to the establishment of a Protected Area, Government and a GDO shall negotiate for the purpose of concluding a PAIBA. A PAIBA negotiated under this chapter shall include any matter connected with the proposed Protected Area where that matter would have a detrimental impact on Crees, or could reasonably confer a benefit on Crees. In particular, but without limiting the generality of the foregoing, the matters identified in Schedule 6-1, as they may be applicable taking into account the nature and character of the proposed Protected Area, shall be considered appropriate for negotiation and inclusion within a PAIBA in relation to a Protected Area.

6.4.3 If the Government responsible for the establishment of the Protected Area and the GDO cannot agree on the terms of a PAIBA within one hundred eighty (180) days or such further period of time as Government and the GDO may agree, they shall select a conciliator who shall submit a report to the Government and the GDO for consideration. If the Government and the GDO cannot agree following conciliation, the conciliator, the Government and the GDO shall each submit a separate report to the Minister for his consideration and decision on the contents of the PAIBA.

6.4.4 Notwithstanding subsection 6.4.1 and subsection 6.4.2, the obligation to conclude a PAIBA 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 Cree or that could reasonably confer a benefit on Cree; 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 re-establishment would have a detrimental impact on Cree or could reasonably confer a benefit on Cree.

6.4.5 Notwithstanding subsection 6.4.1 and subsection 6.4.2, in cases of emergency, such as the establishment of a critical wildlife area, the PAIBA may be concluded immediately following, rather than prior to, the establishment of the Protected Area.

6.4.6 Except where a PAIBA in good standing indicates otherwise, every PAIBA shall be re-negotiated at least every seven (7) years.

6.5 Marine Protected Areas

6.5.1 The Parties agree to the general desirability of involving Crees in the planning and management of Marine Protected Areas.

6.5.2 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.

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

6.5.4 Development impact assessment shall apply to Project Proposals in Marine Protected Areas.

6.5.5 The establishment, disestablishment or changing of the boundary of a Marine Protected Area is subject to the approval of the EMRWB pursuant to paragraph 13.2.2 a).

6.5.6 Where the government of Canada and the EMRWB agree to establish a Marine Protected Area, the establishment of the Marine Protected Area shall, except as otherwise provided in section 6.5, first require the development of:

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

6.5.7 For greater certainty, and except as provided for in subsection 6.5.11, a Marine Protected Area cannot be established without the agreement of the government of Canada and of the EMRWB.

6.5.8 Where the government of Canada and the EMRWB are unable to agree on the contents of the management plan, they shall enter into conciliation. In the event that the government of Canada and the EMRWB cannot agree on the selection of a conciliator, the Federal Court of Canada may appoint a conciliator. If the government of Canada and the EMRWB cannot agree on the content of the management plan following the conciliation, the conciliator, the government of Canada, the GDO and the EMRWB shall each submit a separate report to the Minister for his consideration and decision on the contents of the management plan.

6.5.9 Prior to the establishment of a Marine Protected Area, the government of Canada and the GDO, unless they otherwise agree, shall attempt to negotiate a Marine Protected Area agreement with respect to those matters set forth in Schedule 6-2. Where the government of Canada and the GDO are unable to achieve an agreement through negotiation, they shall enter into conciliation. In the event that the government of Canada and the GDO cannot agree on the selection of a conciliator, the Federal Court of Canada may appoint a conciliator. If the government of Canada and the GDO cannot agree to a Marine Protected Area agreement following conciliation, the conciliator, the government of Canada and the GDO shall each submit a separate report to the Minister for his consideration and decision on the matters set forth in Schedule 6-2.

6.5.10 A failure to achieve a Marine Protected Area agreement following completion of the process set out in subsection 6.5.9 shall not preclude establishment of a Marine Protected Area.

6.5.11 Notwithstanding anything else in section 6.5, in cases of emergency, the government of Canada may create a Marine Protected Area without following the process otherwise set out in section 6.5 in which event the government of Canada shall advise the EMRWB 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.

6.6 Cree Access

6.6.1 In addition to any other rights of access and use enjoyed by or flowing to Crees, all Crees have entry to Protected Areas and Marine Protected Areas at no cost.

6.7 Information

6.7.1 Government shall make available Cree 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 Cree and in one (1) or more of Canada's official languages.

6.8 Dedication

6.8.1 Appropriate recognition shall be made of Cree history and presence as part of the process of the establishment and operation of a Protected Area or Marine Protected Area.

6.9 Interpretation

6.9.1 In the event of any conflict between this chapter and Part III, Part III shall prevail.

Schedule 6-1 Matters for Possible Inclusion in Protected Area Impact and Benefit Agreements

1. Management advisory committee.
2. Employment rotation reflecting Cree needs and preferences.
3. Business opportunities for Cree Enterprises 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. Access of Crees to Protected Areas services and facilities.
6. Important environmental concerns, particularly disruption of Wildlife, including measures for protection and conservation.
7. Traditional Camps.
8. Insofar as use of the Protected Area affects Crees, 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 spiritual or cultural significance.
9. The information flow and interpretation including liaison between the Cree and the appropriate Protected Area agency regarding Protected Areas cooperative management and the Crees participation and concerns.
10. Relationship to prior and subsequent PAIBAs.
11. Arbitration and amendment provisions.
12. Implementation and enforceability.
13. Any other matters considered to be relevant to the needs of the Protected Area and of Crees.

Schedule 6-2 Matters for Possible Inclusion in the Marine Protected Area Agreement in Relation to Marine Protected Areas

1. Contracting opportunities with Government for Crees in relation to Marine Protected Area activities and services, particularly enforcement, research and monitoring.
2. Employment opportunities with Government for Crees arising from the Marine Protected Area, particularly enforcement, research and monitoring.
3. Any effects of the Marine Protected Area on Cree 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 considered to be relevant.

7.1 General

7.1.1 Except as otherwise provided for in this Agreement, anyone other than a Cree may not enter, cross or remain on Cree Lands without the consent of the GDO.

7.1.2 For greater certainty:

1. Crees may enter, cross or remain on Cree Lands at any time except where a grant pursuant to subsection 5.4.2 provides otherwise; and
2. unless otherwise provided in this Agreement, Crees have a right of free and unrestricted access to James Bay and Hudson Bay within the EMR and to all water courses, lakes and ponds overlying Crown Lands in the EMR as well as to all Tidelands in the EMR, for all purposes associated with the use and enjoyment of Cree Lands and of other rights under this Agreement, including Harvesting. Subject to Laws of General Application, this right of access to the Tidelands includes the right to install and maintain boat launching facilities such as piers, wharves, docks, ramps, jetties, and anchored-buoys.

7.2 Public Access

7.2.1 In light of the particular nature of the geography of the EMR, the public has a right of access to Cree Lands in the case of an emergency and for the purpose of personal or casual travel unrelated to any commercial operation.

7.2.2 No one exercising the right of access referred to in subsection 7.2.1 shall interfere with Cree Harvesting activities (save in case of an emergency), establish camps or structures other than for merely casual or temporary purposes or engage in any development, pre-development or commercial activity or Harvest on Cree Lands.

7.2.3 Where the GDO requires exclusive possession, the right of access referred to in subsection 7.2.1 and the right to cross Cree Lands referred to in subsection 7.2.5 may be removed with the agreement of the GDO and Government.

7.2.4 With the consent of the GDO, Persons conducting research for any purposes other than those referred to in subsection 7.3.6 shall have a right of access to Cree Lands in accordance with terms and conditions imposed by the GDO, other than the payment of fees.

7.2.5 The right of access to Cree Lands set out in section 7.2 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;
3. no interference with Cree Harvesting activities save in the circumstances of an emergency; and
4. no significant interference with other Cree uses and quiet enjoyment of such Lands.

7.2.6 Persons exercising a right of access under section 7.2 shall be:

1. liable for damages caused to the Lands or otherwise; and
2. deemed to be trespassers and may be removed from the Lands, if they fail to comply with the conditions of these provisions.

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

7.2.8 The rights of access to Cree Lands under section 7.2 Are not subject to the payment of any fee, or any term or condition, except as provided in section 7.2.

7.3 Government Access

7.3.1 Agents, employees and contractors of Government and 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 Cree Lands to carry out legitimate Government purposes relating to the lawful delivery and management of programs and to carry out duties in accordance with the law of Canada.

7.3.2 Except where agents, employees and contractors of Government need access to Cree Lands for the purpose of Wildlife management and research, or for the establishment of navigational aids pursuant to subsection 7.3.11, should Government, the Canadian Forces or peace officers require use or occupancy of Cree Lands for more than eighteen (18) months, including use of unmanned facilities, the GDO may require Government to obtain an interest in the Land.

7.3.3 The right in subsection 7.3.1 shall be subject to subsection 7.2.5. Government shall be liable for damages caused to the Lands by anyone exercising rights pursuant to subsections 7.3.1 and 7.3.11.

7.3.4 In a case where more than insignificant damage may be caused to the Land or otherwise, or where there may be more than insignificant interference with the use and quiet enjoyment of the Land by Crees, Government shall Consult the GDO and seek its agreement regarding the terms and conditions for exercising Government access under subsection 7.3.1 or where agreement cannot be achieved, the matter shall be referred to Arbitration. 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.

7.3.5 Without limiting the generality of section 7.3, terms and conditions required under subsection 7.3.4 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.

7.3.6 Government agents, employees and contractors need access to Cree Lands for the purpose of Wildlife management and research. Notwithstanding subsection 7.3.1, access to Cree Lands by Government agents, employees and contractors for the purposes of Wildlife management and Wildlife research shall be subject to the approval of the EMRWB subsequent to Consultation with the CTA and the GDO.

7.3.7 In the event that anyone exercising access under subsections 7.3.1 or 7.3.11 causes damage to Cree Lands or otherwise, and Government and the GDO are unable to agree on compensation for damages, the matter shall be referred to Arbitration for the determination of liability and fixing of appropriate compensation.

7.3.8 The Department of National Defence shall have no greater rights to conduct military manoeuvres, including exercises and movements, on Cree Lands than it has under generally applicable Legislation with respect to other lands held in fee simple. For greater certainty, this subsection shall prevail over subsections 7.3.9 and 7.3.10.

7.3.9 The Minister of National Defence may authorize access to Cree Lands for the execution of manoeuvres by the Canadian Forces pursuant to section 257 of the National Defence Act, R.S.C. 1985, c. N-5 and with the exception of subsection 7.3.8 nothing in these provisions applies to or affects such access authorized by the Minister of National Defence.

7.3.10 For those manoeuvres referred to in subsection 7.3.9, access onto and across Cree Lands for each manoeuvre shall only occur after the negotiation and conclusion of an agreement with the GDO dealing with contact persons, consultation mechanisms and timing thereof and compensation for damages, which agreement may be amended from time to time.

7.3.11 Subject to subsections 7.3.3, 7.3.4, 7.3.5 and 7.3.7, Government may maintain and establish navigational aids on Cree Lands. Navigational aids shall be the property of Government and may not be interfered with by any Person while such aids are on Cree Lands or in Water on Cree Lands.

7.3.12 The rights of access to Cree Lands under section 7.3, except under subsection 7.3.2 Are not subject to the payment of any fee, or any term or condition except as provided in section 7.3.

7.4 Expropriation

7.4.1 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. However, Cree Lands may only be expropriated for a public work or for a public purpose.

7.4.2 Nothing in this section shall be construed to give the government of Nunavut more extensive powers of expropriation than are given to the legislatures of the provinces.

7.4.3 Any and all expropriation shall be approved by a specific order of the Governor in Council.

7.4.4 Any expropriation Legislation coming into force after the Effective Date of this Agreement shall, insofar as it applies to Cree Lands, provide for the following minimum procedures:

1. notice of intention to expropriate served on the GDO;
2. an opportunity for the GDO to object to the expropriation on the basis that the expropriating authority has not complied with the expropriation Legislation or is otherwise unlawful, and an opportunity to be heard on that objection in a competent court; and
3. the determination of compensation by negotiation and mediation and, failing that, by reference to Arbitration or to the committee referred to in subsection 7.4.8.

7.4.5 Where an interest in Cree Lands is expropriated, the expropriating authority shall, if reasonably possible, offer compensation in the form of replacement Lands of equivalent utility and value in the EMR, or a combination of Lands and money.

7.4.6 Where the expropriating authority acquires an estate in fee simple, those Lands shall no longer be Cree Lands. Replacement Lands acquired as compensation for expropriation shall become Cree Lands. Where Lands which have been expropriated are no longer required for the purposes for which they were expropriated, the GDO shall have an option for six (6) months following such a determination to re-acquire those Lands as Cree Lands for the same consideration as was provided to it by the expropriation authority. In the event significant improvements were made to the Lands by Government, the parties will negotiate either an acceptable price for the improvement or the terms and conditions for the removal of such improvements. If the parties are unable to agree on a price, the matter shall be referred to Arbitration or to the committee referred to in subsection 7.4.8 b).

7.4.7 The GDO shall not be required to take compensation in the form of replacement Lands.

7.4.8 Where the GDO and the expropriating authority continue to disagree on compensation, and mediation, if provided for, fails, the determination of any compensation payable shall be determined:

1. by Arbitration, other than for expropriation under the National Energy Board Act, R.S.C. 1985, c. N-7; 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 GDO. The Minister in establishing the arbitration committee shall choose members who have special knowledge of, and experience related to, the criteria set out in subsection 7.4.9.

7.4.9 In determining the amount of compensation payable to the GDO the Arbitrators or committee shall be guided by:

1. the value of the Land taking into account all just and appropriate factors that can be substantiated in the circumstances;
2. loss of use to the GDO and to the Crees;
3. the effect on Harvesting by Crees;
4. the adverse effect of the taking, upon Lands retained by the GDO;
5. damage which may be caused to the Land taken or otherwise;
6. nuisance, inconvenience and noise to the GDO and to the Crees;
7. the cultural attachment of Crees to the Land;
8. the peculiar and special value of the Land to Crees;
9. the effect on rights and benefits otherwise provided to Crees by this Agreement;
10. an amount to cover reasonable costs associated with the GDO inspections as deemed appropriate by the Arbitrators or the committee;
11. an amount to cover reasonable costs to the GDO associated with the Arbitration or the committee process; and
12. any other factors as may be provided for in Legislation.

7.4.10 Where an expropriating authority would have a power of expropriation of Cree Lands, or an interest therein under subsection 7.4.1, that power may not be executed if twelve percent (12%) of all Cree Lands vesting on the Effective Date of this Agreement or an interest therein has already been and remains expropriated.

7.4.11 In calculating the areas expropriated in subsection 7.4.10, no account shall be taken of those situations in which the GDO accepted replacement Lands pursuant to subsection 7.4.5.

7.5 Sand and Gravel

7.5.1 Notwithstanding anything in this Agreement, if Government requires sand and gravel and other like construction materials from Cree Lands for public purposes but the GDO refuses to permit Government to take the said materials, Government may refer the matter to Arbitration for the purposes of obtaining an entry order enabling the removal of such material.

7.5.2 The Arbitrators shall grant an entry order only if they determine that:

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

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

1. $1.00 (1993$) per cubic meter, valued at the Effective Date of this Agreement and indexed thereafter 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.

7.5.4 The Arbitrators shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with subsection 7.4.9. The calculation of compensation shall not take into account any amount mentioned in subsection 7.5.3, or the payment of any entry fee required by Legislation.

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

7.6 Application and Savings

7.6.1 For greater certainty, any Person exercising access rights referred to under this chapter, except rights referred to under section 7.2 and subsections 7.3.8 to 7.3.10, shall acquire appropriate authorizations where required, including under Chapter 18 prior to the exercise of those rights.

7.6.2 Persons exercising rights under this chapter have no right of action against the GDO for any loss or damage arising from the exercise of those rights.

8.1 Application

8.1.1 In this chapter:

"Land" includes Resources and Seawater.

8.1.2 The appropriate Government departments and agencies shall be responsible for the implementation of land use plans approved in accordance with subsection 8.5.11.

8.1.3 This chapter applies to both Marine Areas and Land within the EMR.

8.2 Planning Principles, Policies, Priorities and Objectives

8.2.1 The following principles shall guide the development of planning policies, priorities and objectives:

1. people are a functional part of a dynamic biophysical environment, and land use cannot be planned and managed without reference to the human community; accordingly, social, cultural and economic endeavours of the human community must be central to land use planning and implementation;
2. the primary purpose of land use planning in the EMR shall be to protect and promote the existing and future well-being of those individuals and communities resident in or using the EMR taking into account the interests of all Canadians; special attention shall be devoted to protecting and promoting the existing and future well-being of the Crees and Cree Lands;
3. the planning process shall ensure land use plans reflect the priorities and values of the residents and users of the planning regions;
4. the public planning process shall provide an opportunity for the active and informed participation and support of the Crees and other residents or users affected by the land use plans; such participation shall be promoted through various means, including ready access to all relevant materials, appropriate and realistic schedules, recruitment and training of local Crees and other residents and users to participate in comprehensive land use planning;
5. plans shall provide for the conservation, development and utilization of Land;
6. the planning process shall be systematic and integrated with all other planning processes and operations, including the impact review process contained in this Agreement; and
7. an effective land use planning process requires the active participation of both Government and the Crees.

8.2.2 The objective of the planning process shall be:

1. to develop planning policies, priorities and objectives regarding the conservation, development, management and use of Land in the EMR;
2. consistent with paragraph a), to prepare land use plans which guide and direct Resource use and development in the EMR; and
3. the implementation of land use plans.

8.2.3 In developing planning policies, priorities and objectives, factors such as the following shall be taken into account:

1. economic opportunities and needs;
2. community infrastructural requirements, including housing, health, education and other social services, and transportation and communication services and corridors;
3. cultural factors and priorities;
4. environmental protection and management needs, including Wildlife conservation, protection and management; and
5. energy requirements, sources and availability.

8.3 Land Use Plans

8.3.1 A land use plan shall be a document containing text, schedules, figures and maps for the establishment of objectives and guidelines for short-term and long-term development, taking into account factors such as the following:

1. demographic considerations;
2. the Resource base and existing patterns of natural resource use;
3. economic opportunities and needs;
4. transportation and communication services and corridors;
5. energy requirements, sources and availability;
6. community infrastructural requirements, including health, housing, education and other social services;
7. environmental considerations, including Protected Areas , Marine Protected Areas and Wildlife habitat;
8. cultural factors and priorities, including the protection and preservation of Archaeological Sites; and
9. special local and regional considerations.

8.3.2 The purpose of a land use plan shall be to protect and promote the existing and future well-being of residents of the EMR and of the coastal Cree communities of Eeyou Istchee taking into account the interests of all Canadians, and to protect, and where necessary, to restore the environmental integrity of the EMR.

8.3.3 A land use plan shall contain an implementation strategy.

8.4 Eeyou Marine Region Planning Commission (EMRPC)

8.5 Development and Review of Land Use Plan

8.5.1 An EMR land use plan shall be formulated by the EMRPC to guide and direct short term and long term development in the EMR. Regional or sub-regional components of the land use plan shall be implemented where approved pursuant to subsection 8.5.11.

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

8.5.3 The EMRPC shall prepare a draft land use plan and, upon completion, shall make the draft land use plan public and solicit written or oral comments from all appropriate Government agencies, GDOs, communities and the general public.

8.5.4 The EMRPC shall:

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

8.5.5 Where a draft plan applies to Cree Lands, prior to submitting the revised draft plan to the Minister of Indian Affairs and Northern Development and the Minister responsible for Renewable Resources of the government of Nunavut, as required by subsection 8.5.7, the EMRPC shall submit the revised draft plan to the GDO. The EMRPC shall also make the revised draft land use plan public.

8.5.6 Upon receipt of a revised draft land use plan that applies to Cree Lands, the GDO shall, as soon as practicable:

1. accept the plan; or
2. refer it back to the EMRPC for reconsideration accompanied by written reasons; the EMRPC shall reconsider the plan in light of the written reasons of the GDO and may make such reasons public.

8.5.7 Upon completion of the process in subsection 8.5.4 or as the case may be, in subsection 8.5.6, the EMRPC shall submit the proposed plan, along with a written report of the public hearings, to the Minister of Indian Affairs and Northern Development and the Minister responsible for Renewable Resources of the government of Nunavut. The EMRPC shall also make the proposed land use plan public.

8.5.8 Upon receipt of the proposed land use plan, the Ministers jointly shall, as soon as practicable:

1. accept the plan; or
2. refer it back to the EMRPC for reconsideration accompanied by written reasons; the EMRPC may make the reasons of the Ministers public.

8.5.9 The EMRPC shall reconsider the plan in light of written reasons and shall resubmit the plan to the Ministers for final consideration.

8.5.10 Upon accepting a plan, the Minister of Indian Affairs and Northern Development shall seek Governor in Council approval and commitment, and the Minister responsible for Renewable Resources of the government of Nunavut shall seek approval and commitment of the Executive Council.

8.5.11 Upon approval by the Governor in Council and the Executive Council, the plan shall be implemented on the basis of jurisdictional responsibility. All Government departments and agencies shall conduct their activities and operations in accordance with the plan as approved.

8.5.12 The EMRPC shall review all applications for Project Proposals. Upon receipt and review of a Project Proposal, the EMRPC or members thereof or officers reporting to the EMRPC shall:

1. determine whether the Project Proposals are in conformity with plans; and
2. forward the Project Proposals with its determination and any recommendations to the appropriate federal and territorial agencies.

The land use plan may make provision for the EMRPC to approve minor variances.

8.5.13 Where the EMRPC has determined that a Project Proposal is not in conformity with the plan, the proponent may apply to the appropriate Minister for exemption. The Minister may exempt the Project Proposal from conformity with the plan and shall, subject to subsections 18.3.2 and 18.3.3, refer it to the EMRIRB for screening. Nonconforming Project Proposals shall not be sent to the EMRIRB until such exemption is obtained or a variance has been approved.

8.5.14 Where the appropriate Minister exempts a Project Proposal, the Minister shall supply the EMRPC with written reasons and such reasons shall be made public.

8.5.15 Subsections 8.5.12 to 8.5.14 shall apply where a land use plan has been approved pursuant to subsection 8.5.11.

8.6 Amendment of Land Use Plan

8.6.1 Government, a GDO, or any Person affected by the land use plan, may propose amendments to the plan to the EMRPC.

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

8.6.3 Upon completion of the process in subsection 8.6.2, the EMRPC shall recommend to the Minister of Indian Affairs and Northern Development and the Minister responsible for Renewable Resources of the government of Nunavut that:

1. the proposed amendment be rejected in whole or in part; or
2. the proposed amendment be accepted, in whole or in part.

8.6.4 If the Ministers reject the recommendations of the EMRPC, subsections 8.5.8 and 8.5.9 shall apply mutatis mutandis.

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

8.7 Municipalities

8.7.1 In the event that any municipalities are created in the EMR, subsections 8.7.2 to 8.7.4 shall guide land use planning for such municipalities and their involvement in land use planning.

8.7.2 The principles of land use planning as set out in this chapter shall be applied in the development of municipal plans. The development of municipal plans shall be the responsibility of the municipalities as provided for in the Legislation of the government of Nunavut.

8.7.3 In the development of a regional land use plan, the EMRPC shall give great weight to the views and wishes of the municipalities in the areas for which planning is being conducted.

8.7.4 The EMRPC and municipal planning authorities shall cooperate to ensure that regional and municipal land use plans are compatible.

8.8 Interpretation

8.8.1 Land use plans shall be developed and implemented in a manner consistent with Part III.

8.8.2 The land use planning process shall apply to Cree Lands. Land use plans shall take into account Cree goals and objectives for Cree Lands.

8.9 Waste Clean-Up

8.9.1 The EMRPC shall identify and prioritize the requirement to clean up waste sites in the EMR, including hazardous waste sites, inactive mining sites and abandoned Mid Canada Lines sites. To the extent possible, this initiative shall be coordinated with the development of land use plans.

Schedule 8-1 Oath of Office

I, ......................................, do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and, to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the Eeyou Marine Region Planning Commission.

Solemnly affirmed (or sworn) before me at
(place ..............), this (date ..............)

11.1 Cree Rights to Harvest

11.1.1 Subject to the terms of Part III, and except for anadromous fish spawning in Québec, where a Total Allowable Take for a species, stock or population of Wildlife has not been established by the EMRWB, a Cree shall have the right to Harvest that species, stock or population in the EMR up to the full level of his or her economic, social and cultural needs.

11.1.2 For the purpose of subsection 11.1.1, full level of economic, social and cultural needs means full level of Harvest.

11.1.3 Where a Total Allowable Take for a species, stock or population of Wildlife has been established by the EMRWB pursuant to section 13.5, a Cree shall have the right to Harvest that species in accordance with the terms of Part III.

11.1.4 Except for anadromous fish spawning in Québec, any restriction or quota on the amount of Wildlife that may be Harvested and that were enforceable in regard to Crees immediately prior to the Effective Date of this Agreement are deemed to have been established by the EMRWB, and shall remain in effect until removed or otherwise modified by the EMRWB in accordance with Part III.

11.1.5 Any restriction or quota on the amount of anadromous fish spawning in Québec that may be Harvested that was in force immediately prior to the Effective Date of this Agreement and that was enforceable in regard to Crees shall remain in effect until removed or otherwise modified by the responsible authority.

11.1.6 Where, under the James Bay and Northern Québec Agreement, Crees have been allocated a quota or amount of anadromous fish spawning in Québec that may be taken by them in Québec, all or part of that quota or amount may be Harvested by Crees in the EMR. Where under the JBNQA no quota or amount of anadromous fish spawning in Québec has been established, a Cree shall have the right to Harvest that species, stock or population in the EMR up to the full level of his of her economic, social and cultural needs.

11.1.7 The Crees have the right to possess and use all equipment reasonably needed or traditionally used to Harvest.

11.2 James Bay Preserve

11.2.1 The Crees may continue to Harvest Wildlife outside the EMR but within the James Bay Preserve, subject to Laws of General Application.

11.2.2 For the purposes of subsection 11.2.1, the James Bay Preserve is that area, excluding the EMR, comprising all that portion of James Bay, including all islands, lying to the south of a straight line drawn between Cape Henrietta Maria in the Province of Ontario, and Cape Jones in the Province of Quebec.

11.3 Species Reserved for Crees

11.3.1 In the EMR, certain species of Wildlife are reserved for the exclusive use of Crees. Such exclusive right includes the exclusive right to Harvest such species, including the right to Harvest for all commercial purposes except in relation to commercial fisheries. The species contemplated by this subsection are listed in Schedule 11-1. Should commercial fisheries for any of the species of fish listed in Schedule 11-1 be established in the EMR, Crees will have a priority in regard to accessing licences related to such commercial fisheries.

11.3.2 In the EMR, Crees shall have the exclusive right to Harvest for commercial purposes the species of Wildlife listed in Schedule 11-2.

11.3.3 In the EMR, Crees shall have the exclusive right of keeping in captivity and husbandry for the species of Wildlife listed in Schedule 11-3.

11.4 Allocation of Total Allowable Take

11.4.1 Where a Total Allowable Take has been established pursuant to section 13.5, the Total Allowable Take shall be allocated in the following order of priorities:

1. an amount to provide for the Basic Needs Level or the Adjusted Basic Needs Level as the case may be;
2. an amount to provide for personal consumption by residents of the coastal Cree communities of Eeyou Istchee other than Crees;
3. an amount to provide for the establishment of economic ventures sponsored by Cree Enterprises including commercial, recreational or sports Harvesting, domestication and animal husbandry, propagation, and Aquaculture; and
4. an amount to provide for commercial, recreational, or other uses, considering these various demands on the Wildlife and the benefits that may accrue to the local economies of the Crees in Eeyou Istchee.

11.4.2 Any ongoing exploratory, experimental or test fisheries in the EMR, other than Cree fisheries, will cease at the end of the year in which the Effective Date of this Agreement occurs.

11.4.3 Where the Total Allowable Take is equal to or less than the Basic Needs Level or the Adjusted Basic Needs Level as the case may be, Crees shall have the right to Harvest the entire Total Allowable Take.

11.5 Commercial Operations

11.5.1 The Crees have a right of first refusal to establish and operate any new commercial operation in the EMR involving:

1. non-consumptive uses of Wildlife within Eeyou Istchee;
2. recreational fishing and other consumptive uses of Wildlife within Eeyou Istchee; and
3. marketing and processing of all Wildlife, Wildlife parts and Wildlife products within or outside Eeyou Istchee.

11.5.2 All Harvesting activities pursuant to commercial fishing licences or similar authorizations shall be subject to Laws of General Application.

11.6 Licensing

11.6.1 Subject to the terms of Part III, a Cree, may Harvest up to his or her Basic Needs Level or Adjusted Basic Needs Level, as the case may be, without any form of licence, or permit and without imposition of any form of fee. In the event that identification documentation has been determined to be necessary pursuant to subsection 13.4.1, a Cree shall be required to possess such identification while Harvesting.

11.6.2 Nothing in this Agreement affects Canada's ability to require a Cree to obtain licences for the use and possession of firearms under federal Legislation on the same basis as any other aboriginal people of Canada.

11.6.3 Where any commercial operation approved in accordance with this chapter and undertaken by a Cree or a Cree Enterprise in the EMR requires a licence under Laws of General Application, said licence shall be issued forthwith by the appropriate Minister and at a fair fee.

11.7 Disposition of Harvest

11.7.1 Subject to subsections 11.7.4 and 11.7.5, Crees have the right to dispose freely, sell, barter, trade, exchange, buy from, possess or give to Crees, other Canadian Crees and other beneficiaries of the James Bay and Northern Québec Agreement either inside or outside the EMR, for personal consumption or for community consumption in accordance with Cree customs and practices, any Wildlife lawfully Harvested.

11.7.2 Crees have the right to dispose freely, sell, barter, trade, exchange, buy from, possess or give to any Person either inside or outside the EMR any non-edible product of Wildlife lawfully Harvested pursuant to subsections 11.1.1 and 11.1.3.

11.7.3 Crees have the right to transport within Eeyou Istchee any Wildlife Harvested in the EMR.

11.7.4 Crees may be required by the appropriate Government agency to obtain a permit to transport Wildlife Harvested in the EMR outside of the Eeyou Istchee. If such permit is required, Government shall issue the permit upon request, unless it has good cause for refusing the permit, and the permit may contain terms and conditions as established by Laws of General Application. Any fees for such permit shall be waived.

11.7.5 The right to dispose in subsections 11.7.1 and 11.7.2 is subject to Laws of General Application regarding the sale or offer for sale of any migratory birds, migratory bird eggs, or parts thereof.

11.7.6 Any disposition of Harvest other than a disposition described in subsection 11.7.1 and 11.7.2 is subject to Laws of General Application.

11.8 Assignment

11.8.1 A GDO may assign any part, other than the whole, of the Basic Needs Level or Adjusted Basic Needs Level for the purpose of sport Harvesting to any non-Cree Person qualified to Harvest under Laws of General Application. For greater certainty, a Cree may not assign a right to Harvest.

11.8.2 A GDO may establish terms and conditions for any assignment pursuant to subsection 11.8.1 including, but not limited to, the requirement for an assignee to use Cree guides.

11.8.3 Notwithstanding anything in subsections 11.8.1 and 11.8.2:

1. any future Basic Needs Level or Adjusted Basic Needs Level for migratory birds and their eggs between March 10 and September 1 in any given year; or
2. the Harvest authorized by Article 2, paragraph 4(a) of the Protocol amending the 1916 Convention for the Protection of Migratory Birds between Canada and United States contained in the Schedule to the Migratory Birds Convention Act, S.C. 1994, c. 22;

shall not be assignable to Persons mentioned in subsection 11.8.1, unless permitted by Laws of General Application.

11.8.4 No assignment pursuant to this section shall be for a term, including any option for renewal, exceeding three (3) years. Any assignment for a term exceeding three (3) years shall be null and void.

11.9 Methods of Harvesting

11.9.1 A Cree may employ any type of method or technology to Harvest that does not conflict with a Non-quota Limitation on type of method or technology of Harvest established by the EMRWB under section 13.8.

11.10 Provision of Information

11.10.1 Information and sampling regarding Harvesting activities or Harvesting related activities required by Government or the EMRWB for the implementation of this Agreement or under Laws of General Application shall be supplied through the GDO or through the CTA. Government shall provide funding for such purposes.

11.11 Enforcement

11.11.1 Any penalties imposed on a Cree with respect to Harvesting in a manner contrary to this Agreement shall, as a general principle, be just and equitable, and shall not be more severe than those applicable to harvesters other than Crees in comparable situations.

11.12 Right of Access by Crees for Harvest

11.12.1 Except as otherwise set out in this Agreement, all Crees shall have free and unrestricted access throughout the EMR for the purpose of Harvesting.

11.12.2 The right of access set out in subsection 11.12.1 is subject to:

1. Laws of General Application enacted for the purpose of public safety;
2. any restrictions established by the EMRWB for the purposes of conservation;
3. in the case of Protected Areas, any bilateral agreement between the GCC(EI) and the management agency of such Protected Area;
4. any land use activity otherwise not in conflict with this Agreement to the extent that the right of access is incompatible with that land use activity and for only as long as is necessary to permit that land use to be exercised; and
5. Non-quota Limitations on type, method or technology of Harvest established for a Marine Protected Area.

11.12.3 In the event that a Cree or a GDO disagrees with any interested party as to the incompatibility of Harvesting activities with land use pursuant to paragraph 11.12.2 d), the matter shall be resolved through the dispute resolution process set out in Chapter 31.

11.12.4 In the case of an inconsistency or conflict between measures taken pursuant to paragraph 11.12.2 b) and paragraph 11.12.2 c), those measures taken under paragraph 11.12.2 c) shall prevail to the extent of such inconsistency or conflict.

11.12.5 The right of access set out in subsection 11.12.1 shall not extend to:

1. Lands that are dedicated to military or national security purposes or Lands being temporarily used for such purposes under the National Defence Act;
2. Lands, other than Cree Lands, that are:
   1. owned in fee simple at the Effective Date of this Agreement;
   2. granted in fee simple after the Effective Date of this Agreement, where such parcel of Land is less than 1.6 square kilometres; or
   3. subject to an agreement for sale at the Effective Date of this Agreement;
   and visibly posted such that a reasonable person would recognize that such Lands were occupied and owned in fee simple;
3. on Cree Lands designated by the GDO and visibly posted such that a reasonable person would recognize that such Lands were so designated.

11.12.6 The right of access set out in subsection 11.12.1 is subject to limitations established for a Marine Protected Area provided that any such limitation shall limit Harvesting for the Basic Needs Level and the Adjusted Basic Needs Level only to the extent necessary to effect a conservation purpose in accordance with section 10.3 and section 10.4.

11.12.7 The right of access set out in subsection 11.12.1 shall not impede the exercise of the rights of navigation.

11.13 Emergency Kills

11.13.1 Notwithstanding anything else in this Agreement, an individual may kill Wildlife in the EMR if it is necessary to preserve a human life or to protect that individual's property.

11.13.2 Notwithstanding anything else in this Agreement, an individual may kill and consume Wildlife in the EMR where it is necessary to prevent starvation.

11.13.3 Subsections 11.13.1 and 11.13.2 shall not be construed as providing lawful excuse under any Law of General Application to an individual who kills Wildlife as a result of his or her mismanagement.

11.13.4 Valuable parts of Wildlife killed under subsections 11.13.1 or 11.13.2 shall be disposed of by the EMRWB to a GDO.

11.14 Cree Guides

11.14.1 An individual other than a Cree who Harvests big game must:

1. hold a valid licence issued by the appropriate Government agency; and
2. for the period two (2) years following the acquisition of the licence, be accompanied by a Cree approved as a guide by the CTA or a Local CTA in accordance with any qualifications established by the EMRWB.

11.14.2 The requirement for a guide referred to in paragraph 11.14.1 b) shall not apply where the CTA waives such requirement or where no guides are approved by the CTA or a Local CTA.

11.14.3 For the purposes of this section, "big game" means the following:

• Canis – coyotes and wolves;
• Gulo – wolverine;
• Ovibos – muskox;
• Ursus – bears;
• Odobenidae – walrus;
• Cervidae – including caribou, moose, deer and reindeer.

11.15 Traditional Camps on Crown Lands

11.15.1 Crees may, subject to the terms of this Agreement, continue to occupy Traditional Camps on Crown Lands in the EMR and may also establish and occupy new Traditional Camps on any Crown Lands in the EMR where Crees enjoy a general right of access for the purpose of Harvesting.

11.15.2 Crees occupying Traditional Camps on Crown Lands shall cause no significant damage whether by way of physical alteration to the Crown Lands or otherwise and shall be liable for damages caused to the Crown Lands. Crees exercising rights under this section have no right of action against Government for any loss or damage arising from the exercise of those rights.

11.15.3 Traditional Camps shall not be established on Crown Lands in the EMR that are subject to a surface lease.

11.15.4 Crees may establish Traditional Camps in any location in Protected Areas, except where the establishment of such camps is inconsistent with the requirements of any Protected Area management plan established pursuant to section 6.3. If a PAIBA has been established pursuant to the provisions of section 6.4, site locations may be determined as provided by the PAIBA.

11.15.5 Crees shall occupy a Traditional Camp referred to in subsections 11.15.1 and 11.15.4 As tenants-at-will. The tenancy-at-will shall continue until the Cree occupants receive written notice from Government terminating the tenancy-at-will.

11.15.6 Upon receipt of the written notice provided for in subsection 11.15.5, the occupants of the Traditional Camp shall have a reasonable period of time within which to remove their possessions.

11.15.7 Crees may occupy or establish Traditional Camps on Crown Lands in the EMR without any form of licence or permit, without paying rent and without the imposition of any form of fee.

11.15.8 The holders of rights in the subsurface of Lands on which Traditional Camps are erected shall enjoy the same rights of access as are available to subsurface rights holders under law.

11.15.9 Crees may establish, subject to subsection 11.15.4, Traditional Camps on Archaeological Sites. The GDO may develop policy guidelines for the use and occupation of Archaeological Sites and may put in place terms and conditions regarding the use and occupation of such sites taking into account applicable Legislation including the Nunavut Archaeological and Palaeontological Sites Regulations, SOR/2001-220.

Schedule 11-1

1. All Mustelids (including mink, ermine, weasels, marten, fisher, otter, skunk and wolverines);
2. Beaver;
3. Lynx;
4. Foxes;
5. Polar bear;
6. Black bear;
7. Muskrat;
8. Porcupine;
9. Woodchuck;
10. Wolves;
11. Whitefishes (non-anadromous);
12. Sturgeon;
13. Suckers;
14. Burbot;
15. Hiodon (Mooneye and Goldeye);
16. Eiderdown from eider duck nest;
17. All migratory birds and their eggs but not for commercial purposes.

Schedule 11-2

1. Caribou;
2. Willow Ptarmigan;
3. Rock Ptarmigan;
4. Arctic Hare;
5. Snowshoe Hare;
6. Spruce Grouse.

Schedule 11-3

1. All species set out in Schedule 11-2;
2. Muskox.

13.1 Membership

13.1.1 On the Effective Date of this Agreement, an institution of public government is hereby established to be known as the Eeyou Marine Region Wildlife Board (EMRWB) consisting of seven (7) members to be appointed as follows:

1. the GCC(EI) shall appoint three (3) members;
2. the federal Minister responsible for fish and marine mammals and the federal Minister responsible for the Canadian Wildlife Service shall each appoint one (1) member;
3. the government of Nunavut Minister responsible for Wildlife shall appoint one (1) member; and
4. from nominations provided by the members referred to in paragraphs a), b) and c), the federal Minister responsible for fish and marine mammals, in consultation with the federal Minister responsible for the Canadian Wildlife Service and jointly with the government of Nunavut Minister responsible for Wildlife, shall appoint a chairperson. For greater certainty, any nominations of the above mentioned members for chairperson shall be decided by consensus of those members, failing which, the nomination shall be decided by a majority of votes cast.

For greater certainty, a member appointed under paragraphs a) to c) above may be appointed as the chairperson and, in such circumstances, that member shall be replaced on the EMRWB in the manner provided in subsection 14.1.5.

13.1.2 The GCC(EI) and Government shall have the right to have technical advisors attend all meetings as non-voting observers.

13.2 Mandate of the EMRWB

13.2.1 The EMRWB shall be the main instrument of Wildlife management in the EMR and the main regulator of access to Wildlife and have the primary responsibility in relation thereto in the manner described in this Agreement. Accordingly, the EMRWB shall perform the following functions, taking into account the provisions of this Part III:

1. establishing, modifying or removing levels of Total Allowable Take for a species, stock or population of Wildlife, other than anadromous fish spawning in Québec, in accordance with section 13.5;
2. ascertaining the Basic Needs Level for a species, stock or population of Wildlife, other than anadromous fish spawning in Québec, in accordance with section 13.6;
3. adjusting the Basic Needs Level for a species, stock or population of Wildlife, other than anadromous fish spawning in Québec, in accordance with section 13.7;
4. allocating from the Total Allowable Take opportunities to Harvest a species, stock or population of Wildlife, other than anadromous fish spawning in Québec, in accordance with section 11.4;
5. establishing, modifying or removing Non-quota Limitations in accordance with section 13.8;
6. participating in research in accordance with section 13.3;
7. determining sufficiency of information and identifying and undertaking measures necessary to obtain the information to enable it to establish the Basic Needs Levels in accordance with section 13.6;
8. cooperating with other Wildlife management institutions which deal with species that are Harvested in the EMR and migrate outside the EMR;
9. setting any trophy fees on Wildlife Harvested in the EMR;
10. providing advice to any other management institutions as requested on all matters relating to management, conservation, protection and regulation of Wildlife and Wildlife habitat; and
11. any other function the EMRWB is required to perform by this Agreement and not specifically referred to in Part III.

13.2.2 In addition to its primary functions outlined in subsection 13.2.1, the EMRWB may in its discretion perform the following functions related to management and protection of Wildlife and Wildlife habitat:

1. except for National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks, approve the establishment, disestablishment, and changes to boundaries of Protected Areas and Marine Protected Areas;
2. identify Wildlife management zones and areas of high biological productivity and provide recommendations to the EMRPC with respect to planning in those areas;
3. approve plans for management and protection of particular Wildlife habitats or critical habitats including areas within Protected Areas;
4. approve plans for:
   1. management, classification, protection, restocking or propagation, cultivation or husbandry of species or populations of Wildlife;
   2. the regulation of imported non-indigenous species and the management of transplanted Wildlife populations;
5. provide advice to departments, the EMRIRB and other concerned agencies and appropriate Persons regarding mitigation measures and compensation to be required from commercial and industrial developers which cause damage to Wildlife habitat;
6. approve designation of species at risk;
7. provide advice as to requirements for the promotion of education, information and training of Crees for Wildlife management; and
8. any other functions assigned to it by this Agreement.

13.2.3 The EMRWB may perform other activities relating to the management of Wildlife in the EMR and to the regulation of access to Wildlife in the EMR as agreed by the EMRWB, Government and the GDO.

13.3 Research

13.3.1 There is a need for an effective system of Wildlife management, and to be effective, the system of management requires an efficient, coordinated research effort. The EMRWB, in fulfilling its management functions, requires an informed and effective role in Wildlife research and its direction. The ability and right of the governments of Canada and Nunavut to continue their own research functions shall not be prejudiced by this section. Accordingly, the EMRWB shall:

1. identify research requirements and deficiencies pertinent to Wildlife management and the rational utilization of Wildlife resources, and promote and encourage on an ongoing basis, research aimed at meeting requirements and overcoming deficiencies;
2. identify relevant Persons to undertake Wildlife research;
3. review research proposals and applications and, where appropriate, recommend on the acceptance or rejection of such proposals to the appropriate Government agency;
4. collect, classify, and disseminate Wildlife statistics and information and maintain a data base adequate for such purposes; and
5. carry out all other research functions consistent with its responsibilities.

13.3.2 To assist the EMRWB in carrying out its research functions pursuant to subsection 13.3.1, Canada shall provide the EMRWB, or a trust established for that purpose, on the Effective Date of this Agreement a payment of five million dollars ($5,000,000).

13.3.3 Further to its responsibilities in subsection 13.3.1, the EMRWB shall:

1. establish and maintain an open file system for all raw and interpreted Wildlife data and information regardless of its source;
2. promote and encourage training for Crees in the various fields of Wildlife research and management;
3. promote and encourage the employment of Crees and the use of Cree Enterprises in research and technical positions made available through Government and private sector research contracts; and
4. prior to carrying out research, communicate and cooperate with residents of Eeyou Istchee and Consult with the GDO and other Cree Entities likely to be affected.

13.4 Proper Identification

13.4.1 The EMRWB, with the consent of the GDO, may determine that documentation is required as proper identification for the purposes of section 11.6. Such documentation must also be acceptable to Government.

13.5 Total Allowable Take

13.5.1 Subject to the terms of Part III, and except for anadromous fish spawning in Québec, the EMRWB shall have sole authority to establish or modify or remove from time to time as circumstances require levels of Total Allowable Take or Harvesting for all species in the EMR.

13.5.2 The Total Allowable Take will be expressed by the EMRWB for a species, stock or population by any method that the EMRWB considers appropriate.

13.6 Basic Needs Level

13.6.1 Where a Total Allowable Take has been determined by the EMRWB in accordance with section 13.5, the EMRWB shall establish a Basic Needs Level in accordance with Part III.

13.6.2 The Basic Needs Level shall reflect the following needs:

1. consumption or use by Crees;
2. marketing or trade by Crees for consumption or use in Eeyou Istchee; and
3. marketing or trade by Crees of fur bearing animals and pelts for personal economic needs.

13.6.3 A Basic Needs Level can be based, when the EMRWB considers it appropriate, on existing information. For a species, stock or population where the EMRWB determines that insufficient information exists to enable it to establish the Basic Needs Level, the EMRWB in conjunction with the CTA shall identify and undertake the measures necessary to obtain the information required to enable the EMRWB to effectively establish the Basic Needs Level.

13.7 Adjusted Basic Needs Level

13.7.1 The EMRWB shall periodically review the Basic Needs Level for each species, stock or population and determine whether an additional allocation is required to meet any or all of increased needs for:

1. consumption or use by Crees; and
2. marketing or trade by Crees for consumption or use in Eeyou Istchee.

13.7.2 In reaching its decision, the EMRWB shall take into consideration the following factors:

1. population growth and demographic change on a Cree community and regional basis, including the establishment of new Cree communities;
2. changing patterns of consumption and other uses including adjustments for marketing and trade in Eeyou Istchee;
3. the nutritional and cultural importance of Wildlife to Crees;
4. variations in availability of and accessibility to species other than the species under consideration; and
5. current use of Wildlife in the EMR for personal consumption by other residents of the coastal Cree communities of Eeyou Istchee, if any, in light of their length of residency.

13.7.3 The Adjusted Basic Needs Level may expand up to the entire Total Allowable Take. In any year the Adjusted Basic Needs Level may float upward or downward, but shall never fall below the Basic Needs Level.

13.7.4 The EMRWB shall conduct its review for various species, stocks or populations from time to time as requested by the appropriate Minister, by the CTA or by a member of the EMRWB.

13.8 Non-Quota Limitations

13.8.1 Subject to the terms of Part III, the EMRWB shall have sole authority to establish, modify or remove, from time to time and as circumstances require, Non-quota Limitations on Harvesting in the EMR.

13.8.2 The EMRWB may distinguish between Cree harvesters and other harvesters in establishing, modifying or removing Non-quota Limitations, but Non-quota Limitations for Cree harvesters shall not be more severe than Non-quota Limitations for other harvesters.

13.8.3 Non-quota Limitations established on Crees shall not unduly or unreasonably constrain their Harvesting activities.

13.8.4 For greater certainty, no Non-quota Limitation affecting Crees will be established unless conservation or public safety reasons justify such a measure.

13.8.5 Non-quota Limitations in force on the Effective Date of this Agreement and that were enforceable in regard to Crees are deemed to have been established by the EMRWB and shall remain in effect until removed or otherwise modified by the EMRWB in accordance with this chapter.

14.1 Membership on the EMRWB

14.1.1 Each member on the EMRWB shall be appointed to hold office during good behaviour for a term of four (4) years. A member may be reappointed to office. In the initial appointment of the EMRWB members, one (1) member under paragraph 13.1.1 a), one (1) member under paragraph 13.1.1 b), one (1) member under paragraph 13.1.1 c) shall be appointed for four (4) years, and the other members under paragraphs 13.1.1 a) and b) shall be appointed for five (5) years. Thereafter, all appointments shall be for a term of four (4) years, except that any member appointed to replace any member whose term has not expired shall be appointed for the balance of the term of his or her predecessor.

14.1.2 A member may be removed from office at any time for cause by the body appointing him or her under subsection 13.1.1.

14.1.3 Each member shall, before entering upon his or her duties as such, take and subscribe before an officer authorized by law to administer oaths, an oath in the form set out in Schedule 14-1.

14.1.4 The law relating to conflict of interest shall apply to members, but no member who is a Cree shall be considered biased solely because the member is a Cree or because the member carries out Harvesting activities.

14.1.5 Where a vacancy occurs, a replacement member may be appointed by the body that made the original appointment under subsection 13.1.1 for the remainder of the original term.

14.1.6 All members of the EMRWB, except the chairperson, shall have one (1) vote, and the chairperson shall vote only in order to break a tie.

14.1.7 All decisions of the EMRWB shall be decided by consensus, failing which, they shall be decided by a majority of votes cast.

14.1.8 Each member may execute either a general or special proxy in favour of another member.

14.2 Meetings

14.2.1 A vacancy in the membership of the EMRWB does not impair the right of the remainder to act.

14.2.2 The head office of the EMRWB shall be in Eeyou Istchee.

14.2.3 The EMRWB shall meet as often as it deems fit, but no less than twice a year.

14.2.4 The chairperson may convene a meeting of the EMRWB at his discretion and shall convene a meeting of the EMRWB within twenty-one (21) days of receipt from any two members of the EMRWB of a written request indicating the purpose of such meeting.

14.2.5 The EMRWB shall, whenever practicable, meet in Eeyou Istchee.

14.2.6 The EMRWB shall conduct its business in Cree and, as required by Legislation or policy, in Canada's official languages.

14.2.7 Four (4) members physically present constitute a quorum, except that the EMRWB may modify the requirement for being physically present through a by-law permitting use of teleconference or like facilities.

14.3 Costs

14.3.1 The cost of the EMRWB shall be the responsibility of Government. The EMRWB shall prepare an annual budget subject to review and approval by Government.

14.3.2 Each member shall be paid fair and reasonable remuneration for work on the EMRWB.

14.3.3 Each member shall be entitled to be paid such traveling and living expenses incurred by him or her in the performance of his or her duties as are consistent with Federal Treasury Board guidelines for traveling and living expenses of public servants.

14.3.4 The costs of each non-voting observer shall be borne by the Person sending that observer.

14.4 By-laws

14.4.1 The EMRWB may make by-laws and rules respecting:

1. the calling of meetings and sittings of the EMRWB;
2. the conduct of business at meetings of the EMRWB and the establishment of special and standing committees of the EMRWB and the fixing of quorums for committee meetings;
3. the carrying on of the work of the EMRWB, the management of its internal affairs, and the duties of its officers and employees;
4. the procedure for making applications, representations and complaints to the EMRWB;
5. the procedure for collecting information and opinion, including the procedure and conduct of public hearings; and
6. generally, the manner of conducting any business before the EMRWB.

14.5 Officers and Employees

14.5.1 The officers and employees necessary for the proper conduct of business of the EMRWB may be engaged by and shall be remunerated by the EMRWB. Such officers and employees shall be responsible to and under the direction and control of the EMRWB.

14.6 Hearings

14.6.1 The EMRWB may hold public hearings into any issue requiring a decision on its part.

14.6.2 Any representative or agent of Government, the GCC(EI), a Cree Band, a Local CTA, the CTA and any individual Cree shall be accorded the status of full party at a public hearing and the EMRWB may, at its discretion and in conformity with its rules, determine whether any other Person is accorded the status of full party for the purpose of any particular public hearing.

14.6.3 The EMRWB may make rules distinguishing the roles reserved for full parties and roles reserved for other classes of participants at public hearings.

14.6.4 The EMRWB may, in any application, proceeding or matter of special importance pending before it, if in the opinion of the EMRWB the public interest so requires, hire counsel to conduct or argue the case or any particular question arising in the application, proceeding or matter.

14.6.5 The EMRWB shall have the same powers as commissioners appointed pursuant to Part I of the Inquiries Act, R.S.C. 1985, c. I-11, however, the EMRWB may not subpoena Ministers of the Crown.

14.7 Confidential Information

14.7.1 The EMRWB shall in obtaining and disclosing information be subject to Laws of General Application relating to confidentiality of, and access to, information as if it were a Government department.

14.7.2 Where Government has a discretion to disclose any information to the EMRWB, or the EMRWB has a discretion to disclose information to a member of the public, it shall take into account the objects of this Agreement in exercising that discretion.

14.8 Liability of the EMRWB

14.8.1 In discharging any duties or in exercising any powers in good faith, the EMRWB shall not be liable to any Person, for any loss or damage howsoever occurring.

14.9 Enforcement

14.9.1 Government shall be responsible for the implementation of effective and efficient enforcement measures in regards to Wildlife management in the EMR.

14.9.2 Insofar as qualified Crees are available, a predominant number of the individuals charged with enforcing Wildlife management and Legislation related to Wildlife in the EMR shall be Crees.

Schedule 14-1 Oath of Office

I, ......................................, do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and, to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the Eeyou Marine Region Wildlife Board.

Solemnly affirmed (or sworn) before me at
(place ...............), this (date ...............)

15.1 Judicial Review

15.1.1 Judicial review of a decision of the EMRWB shall be available pursuant to section 28 of the Federal Courts Act, R.S.C. 1985, c. F-7 on the grounds set out in that Act, at the motion of a GDO or of a Person personally aggrieved or materially affected by the decision.

15.1.2 Except as provided for in subsection 15.1.1, no decision, order or direction of the EMRWB shall be questioned or reviewed in any court and no order shall be made or proceeding taken in any court whether by way of injunction, declaratory judgment, certiorari, mandamus, or prohibition or otherwise to question, review, prohibit or restrain the EMRWB or any of its proceedings.

15.2 Criteria for Decisions Restricting or Limiting Cree Harvesting by EMRWB or Minister

15.2.1 Notwithstanding any other provision of this Part III, decisions of the EMRWB or a Minister or the Executive Council made in relation to Chapter 11 or Chapter 13 shall restrict or limit Cree Harvesting only to the extent necessary:

1. to effect a conservation purpose in accordance with sections 10.3 and 10.4;
2. to give effect to the allocation system outlined in Chapter 11, to other provisions of Part III and to the provisions in this Agreement arising from Chapter 30; or
3. to provide for public health or public safety.

15.2.2 Certain populations of Wildlife found in the EMR cross jurisdictional boundaries and are Harvested outside the EMR. Accordingly, the EMRWB and the Minister in exercising their responsibilities in relation to subsection 13.2.1, paragraphs 13.2.2 b), c), d), f), h), and sections 13.5 to 13.7 inclusive, shall also take account of Harvesting activities outside the EMR and the terms of domestic interjurisdictional agreements pertaining to Wildlife or an International Agreement Concerning Wildlife.

15.2.3 In making decisions affecting Protected Areas, the EMRWB and the Minister shall take into account the special purposes and policies relating to those areas.

15.2.4 Where a decision of the EMRWB is made in relation to a Basic Needs Level or Adjusted Basic Needs Level, the Minister or the Executive Council may reject or disallow that decision only if the Minister determines that the decision is not supported by or consistent with the evidence that was before the EMRWB or available to it.

15.3 Legal Effect of Decisions of the EMRWB (Government of Canada Jurisdiction)

15.3.1 All decisions made by the EMRWB in relation to paragraphs 13.2.1 a) to f) or 13.2.2 a), c), d) or f) or any provisions in this Agreement arising from Chapter 30 and subject to government of Canada jurisdiction shall be made in the manner set out in subsections 15.3.2 to 15.3.8.

15.3.2 When the EMRWB makes a decision, it shall forward that decision to the Minister. The EMRWB shall not make that decision public.

15.3.3 After receiving a decision of the EMRWB pursuant to subsection 15.3.2 the Minister shall within sixty (60) days or within such further period as may be agreed upon by the Minister and the EMRWB:

1. accept the decision and notify the EMRWB in writing; or
2. reject or vary the decision and give the EMRWB reasons in writing for so doing.

15.3.4 The Minister shall be deemed to have accepted the decision of the EMRWB when:

1. the Minister has so notified the EMRWB in writing, or
2. the Minister has not rejected or varied the decision within the time period and in the manner required pursuant to subsection 15.3.3.

15.3.5 Where the Minister accepts or is deemed to have accepted a decision of the EMRWB as provided in subsection 15.3.4, the Minister shall proceed forthwith to do all things necessary to implement that decision.

15.3.6 Where the Minister rejects or varies a decision of the EMRWB pursuant to subsection 15.3.3, the EMRWB shall reconsider the decision in light of the written reasons provided by the Minister and make a final decision, which it shall forward to the Minister. The EMRWB shall make the final decision public.

15.3.7 After receiving a final decision of the EMRWB made pursuant to subsection 15.3.6, the Minister may within sixty (60) days or within such further period as may be agreed upon by the Minister and the EMRWB:

1. accept the final decision;
2. reject the final decision; or
3. vary the final decision,

and shall provide reasons for rejecting or varying the decision.

15.3.8 Where a final decision has been received by the Minister pursuant to subsection 15.3.7 and the Minister decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision or the final decision as varied.

15.4 Legal Effect of Decisions of the EMRWB (Government of Nunavut Jurisdiction)

15.4.1 All decisions made by the EMRWB in relation to paragraphs 13.2.1 a) to f) or 13.2.2 a), c), d) or f), or any provisions in this Agreement arising from Chapter 30 and subject to government of Nunavut jurisdiction, shall be made in the manner set out in subsections 15.4.2 to 15.4.9.

15.4.2 When the EMRWB makes a decision, it shall forward that decision to the Minister. The EMRWB shall not make that decision public.

15.4.3 After receiving a decision of the EMRWB pursuant to subsection 15.4.2, the Minister shall within sixty (60) days or within such further period as may be agreed upon by the Minister and the EMRWB:

1. accept the decision and notify the EMRWB in writing; or
2. reject or vary the decision and give the EMRWB reasons in writing for so doing.

15.4.4 The Minister shall be deemed to have accepted the decision of the EMRWB when:

1. the Minister has so notified the EMRWB in writing, or
2. the Minister has not rejected or recommended a variation of the decision within the time period and in the manner required pursuant to subsection 15.4.3.

15.4.5 Where the Minister accepts or is deemed to have accepted a decision of the EMRWB as provided in subsection 15.4.4, the Minister shall proceed forthwith to do all things necessary to implement that decision.

15.4.6 Where the Minister rejects a decision or recommends a variation of the decision of the EMRWB pursuant to subsection 15.4.3, the EMRWB shall reconsider the decision in light of the written reasons for the rejection or recommended variation of the decision provided by the Minister and make a final decision, which it shall forward to the Minister. The EMRWB shall make the final decision public.

15.4.7 Subject to subsection 15.4.9, after receiving a final decision of the EMRWB made pursuant to subsection 15.4.6, the Minister may within sixty (60) days or within such further period as may be agreed upon by the Minister and the EMRWB:

1. accept the final decision;
2. reject the final decision; or
3. vary the final decision,

and shall provide reasons for rejecting or varying the decision.

15.4.8 Where a final decision of the EMRWB is made in relation to paragraphs 13.2.1 a) to d) and the Minister disallows or varies the final decision, the Minister shall refer the final decision to the Executive Council of the government of Nunavut, which may:

1. accept the final decision;
2. reject the final decision; or
3. vary the final decision.

15.4.9 Where a final decision has been received by the Minister pursuant to subsection 15.4.7 and the Minister, or where applicable the Executive Council of the government of Nunavut, decides to accept or vary the final decision, the Minister shall proceed forthwith to do all things necessary to implement the final decision.

15.5 Interim Decision

15.5.1 When urgent and unusual circumstances require an immediate modification in Harvesting activities, the Minister or the Minister's delegated agent may make and implement any reasonable interim decision. The EMRWB shall conduct a full review as soon as practicable thereafter.

15.6 Ministerial Management Initiative

15.6.1 Nothing in this Part III prevents a Minister, on the Minister's own initiative, from referring a management matter to the EMRWB. Where a matter is referred, the EMRWB shall deal expeditiously with it. The EMRWB will respond to Ministerial initiatives with decisions in time to permit Ministers to meet their national and international obligations.

18.1 Definitions

18.1.1 In this chapter:

"Certificate" means a certificate issued by the EMRIRB pursuant to subsections 18.5.12 and 18.6.17;

"Ecosystemic" means anything relating to the complex of a natural community of living organisms and its environment functioning as an ecological unit in nature;

"Minister", unless otherwise specified, means the federal or territorial Minister having the jurisdictional responsibility for authorizing a project to proceed; however, the governments of Canada and Nunavut may, within their respective jurisdictions, designate a single Minister to be responsible for the EMRIRB and to perform all functions assigned to "the Minister";

"Normal Community Resupply" means marine transportation whose primary purpose is the delivery to communities in Eeyou Istchee of foodstuffs, household goods, construction materials for housing and other community-oriented facilities, and related goods and materials;

"Proponent", in respect of a Project Proposal, means the Person that proposes the project.

18.2 Eeyou Marine Region Impact Review Board (EMRIRB)

18.3 Relationship to the Land Use Planning Provisions

18.3.1 Where the EMRPC determines, pursuant to subsection 8.5.12, that a Project Proposal is in conformity with the land use plans, or a variance has been approved, the EMRPC shall, subject to subsections 18.3.2, 18.3.3 and 18.4.3, forward the Project Proposal with its determination and recommendations to the EMRIRB for screening.

18.3.2 Project Proposals falling within Schedule 18-1 shall be exempt from the requirement for screening by the EMRIRB. The EMRPC shall not forward such Project Proposals to the EMRIRB.

18.3.3 Notwithstanding subsection 18.3.2, the EMRPC may refer a Project Proposal falling within Schedule 18-1 to the EMRIRB for screening, where the EMRPC has concerns respecting the cumulative impact of that Project Proposal in relation to other development activities in a planning region.

18.3.4 The EMRIRB shall not screen Project Proposals that are not in conformity with land use plans, unless an exemption has been received under subsection 8.5.13 or a variance has been approved under subsection 8.5.12.

18.3.5 Subsections 18.3.1 to 18.3.4 shall apply where a land use plan has been approved pursuant to subsection 8.5.11. In the absence of an approved land use plan, all Project Proposals other than those that fall within Schedule 18-1, subject to subsection 18.3.3, shall be referred directly by the EMRPC to the EMRIRB for screening.

18.4 Screening of Project Proposals

18.4.1 Upon receipt of a Project Proposal, the EMRIRB shall screen the Project Proposal to determine whether it has significant impact potential, and therefore whether it requires review under section 18.5.

18.4.2 In screening a Project Proposal, the EMRIRB shall be guided by the following principles:

1. the EMRIRB generally shall determine that such a review is required when, in its judgment:
   1. the project may have significant adverse effects on the ecosystem, Wildlife habitat or Cree Harvesting activities;
   2. the project may have significant adverse socio-economic effects;
   3. the project will cause significant public concern; or
   4. the project involves technological innovations for which the effects are unknown;
2. the EMRIRB generally shall determine that such a review is not required when, in its judgment, the project is unlikely to arouse significant public concern; and
   
   
   1. the adverse Ecosystemic and socio-economic effects are not likely to be significant; or
   2. the project is of a type where the potential adverse effects are highly predictable and mitigable with known technology; and
3. in determining whether a review is required or not the EMRIRB shall give greater weight to the provisions of paragraph 18.4.2 a).

18.4.3 Any application for a component or activity of a Project Proposal that has been permitted to proceed in accordance with these provisions shall be exempt from the requirement for screening by the EMRIRB unless:

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

18.4.4 Upon receipt of a Project Proposal, the EMRIRB shall screen the Project Proposal and indicate to the Minister in writing and make public that:

1. the Project Proposal may be processed without a review under section 18.5; the EMRIRB may recommend specific terms and conditions to be attached to any approval, reflecting the primary objectives set out in subsection 18.2.5;
2. the Project Proposal requires review under section 18.5; the EMRIRB shall identify particular issues or concerns which should be considered in such a review;
3. the Project Proposal is insufficiently developed to permit proper screening, and should be returned to the Proponent for clarification; or
4. the potential adverse impacts of the Project Proposal are so unacceptable that it should be modified or abandoned.

18.4.5 The EMRIRB shall carry out its responsibilities under subsection 18.4.4:

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

18.4.6 Where the EMRIRB indicates to the Minister that a Project Proposal may be processed without review, the Project Proposal shall be processed under relevant Legislation, unless the Minister decides to refer it for such a review.

18.4.7 Within fifteen (15 ) days of receiving the EMRIRB determination that a Project Proposal may be processed without review, the Minister shall notify the EMRIRB if the Minister is referring or considering referring the Project Proposal for review. If the Minister does not notify the EMRIRB within this time period, the Project Proposal may be processed without review. If the Minister notifies the EMRIRB that the Project Proposal is being referred or considered for referral for review, the Project Proposal shall not proceed. Following notification to the EMRIRB that the Minister is considering referring a Project Proposal for review, the Minister will either affirm the EMRIRB determination that the project proposal may be processed without review, refer the Project Proposal to the EMRIRB for review under section 18.5 or refer it to a federal panel for review under section 18.6.

Following the fifteen (15) day period, the EMRIRB shall advise the proponent that the Project Proposal may be processed without review or that it is being considered for referral.

18.4.8 Where the EMRIRB indicates to the Minister that a Project Proposal requires review, the Minister shall:

1. refer the Project Proposal to the Minister of the Environment of Canada for review, including a review of both socio-economic and Ecosystemic impacts, by a federal environmental assessment panel in accordance with section 18.6 where:
   1. the Project Proposal involves a matter of important national interest and a federal Minister determines that, for reasons stated in writing, the Project Proposal would be best reviewed under section 18.6, provided that:
      1. a review pursuant to this subparagraph shall occur only on an exceptional basis and shall reflect the primary objectives of subsection 18.2.5;
      2. such determination shall be made within ninety (90) days of the indication from the EMRIRB to the Minister that the Project Proposal requires review or within a further consecutive ninety (90) day period where the federal Minister notifies the EMRIRB in writing within the first ninety (90) days that such an extended period is required to make the determination; and
      3. such determination shall be made following consultation with the Minister of the Environment of Canada, the territorial Minister responsible for the environment and the EMRIRB;
         or:
   2. the Project Proposal is to be carried out partly within the EMR and partly outside the EMR, unless the federal Minister, the Minister of the Environment of Canada and the EMRIRB agree that the Project Proposal will be reviewed pursuant to section 18.5; or
2. where a Project Proposal is not to be reviewed by a federal environmental assessment panel pursuant to paragraph a) above, refer the Project Proposal to the EMRIRB for a review of the Ecosystemic and socio-economic impacts in the EMR.

18.4.9 Where the EMRIRB indicates to the Minister that a Project Proposal should be returned to the Proponent for clarification, the Minister shall return the Project Proposal to the Proponent for clarification and resubmission to the EMRIRB to be dealt with in accordance with paragraph 18.4.4 a), b) or d).

18.4.10 Where the EMRIRB indicates to the Minister that a Project Proposal should be modified or abandoned, the Minister, after Consultation with the EMRIRB, shall:

1. return the Project Proposal to the Proponent for modification and resubmission to the EMRIRB to be dealt with in accordance with subsection 18.4.4;
2. where it appears to be in the national or regional interest that a Project Proposal be reviewed, refer the Project Proposal for review as provided in paragraph 18.4.8 a) or b) accompanied by written reasons for that decision; or
3. inform the Proponent that the Project Proposal should be abandoned.

18.5 Review of Project Proposals by the EMRIRB

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

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

1. project description, including the purpose and need for the project;
2. anticipated Ecosystemic and socio-economic impacts of the project;
3. anticipated effects of the project on the Environment and vice versa;
4. steps which the Proponent proposes to take including any contingency plans, to avoid and mitigate adverse impacts;
5. steps which the Proponent proposes to take to optimize benefits of the project, with specific consideration being given to expressed community and regional preferences as to benefits;
6. steps which the Proponent proposes to take to compensate interests adversely affected by the project;
7. the monitoring program that the Proponent proposes to establish with respect to Ecosystemic and socio-economic impacts;
8. the interests in Lands, Water or Seawater which the Proponent has secured, or seeks to secure;
9. options for implementing the Project Proposal;
10. anticipated effects of the project on Wildlife and the use of Wildlife by Crees;
11. report on discussions carried out and agreements reached with concerned Cree communities;
12. a summary of the provisions and the main conclusions of the impact statement; and
13. any other matters that the EMRIRB considers relevant.

18.6 Review by a Federal Environmental Assessment Panel

18.6.1 Where the Minister under paragraph 18.4.8 a) decides to refer a Project Proposal to the Minister of the Environment of Canada for public review by a federal environmental assessment panel, the panel shall conduct its review in accordance with the provisions of section 18.6 and with any other procedures, principles and general practices that provide at least the same opportunity for an open and comprehensive public review as was provided by the Environmental Assessment and Review Process Guidelines Order (S.O.R./84-467, 22 June, 1984).

18.7 Monitoring

18.8 Flexibility in Relation to Certificates

18.8.1 EMRIRB project Certificates may contain terms and conditions expressed to come into force at some time in the future or on the happening of any particular event or contingency.

18.8.2 The EMRIRB may on its own account, or upon application by a GDO, the Proponent, or other interested Persons, reconsider the terms and conditions contained in the EMRIRB Certificate if it is established that:

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

18.8.3 Where the Minister determines that any of the conditions in paragraphs 18.8.2 a), b) or c) have been established, the EMRIRB shall reconsider the terms and conditions contained in a Certificate, and the EMRIRB shall produce a report of its reconsideration. The Minister may accept, reject or vary that report only on the grounds specified in subsection 18.6.13. The EMRIRB shall amend its Certificate to reflect any changes as accepted, rejected or varied by the Minister.

18.8.4 For greater certainty, subsection 18.5.4 Applies to a reconsideration by the EMRIRB pursuant to subsections 18.8.2 or 18.8.3.

18.9 Implementation

18.9.1 Subject to subsection 18.9.3, the terms and conditions of EMRIRB project Certificates shall be implemented by all Government departments and agencies in accordance with their authorities and jurisdictional responsibilities.

18.9.2 Without limiting the generality of subsection 18.9.1, the terms and conditions of EMRIRB project Certificates shall, in accordance with the authorities and jurisdictional responsibilities of Government departments and agencies, be incorporated in relevant permits, certificates, licences or other Government approvals that the Proponent may require. Government departments and agencies shall discuss with the EMRIRB how best to implement the terms and conditions of EMRIRB project Certificates and may provide the EMRIRB with drafts of permits, certificates, licences and other Government approvals.

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

1. with respect to an independent decision of a regulatory board where Government does not have the authority to vary that decision, it is in the national or regional interest that the project proceed;
2. with respect to any other independent decision of a regulatory board, the project is considered to be in the national or regional interest and the acceptance of the terms and conditions in the EMRIRB project Certificate would undermine the viability of the project; or
3. an amendment to the EMRIRB project Certificate is accepted pursuant to subsection 18.8.3.

If the EMRIRB project Certificate does not prevail, the appropriate terms and conditions contained in the EMRIRB project Certificate shall be amended accordingly.

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

18.9.5 A decision ceases to be an independent decision of a regulatory board for the purposes of this section where Government has varied such a decision prior to considering the conflict between the decision and the EMRIRB project Certificate.

18.9.6 Where there is conflict between any EMRIRB project Certificate and a decision of a regulatory board not falling within subsection 18.9.3, the EMRIRB project Certificate shall prevail.

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

18.9.8 Nothing in subsections 18.9.1 to 18.9.7 shall preclude any regulatory or Government agency from reviewing a project and imposing additional or more stringent terms and conditions, or from refusing to issue a licence or approval that would be required in order to allow a proposed project to proceed.

18.9.9 The duty to implement referred to in subsection 18.9.1 does not include an obligation on Government to amend Legislation.

18.9.10 The EMRIRB and the EMRPC shall, unless they specify otherwise, receive copies of all approvals, regulatory or otherwise, for projects for which the EMRIRB has issued a project Certificate.

18.10 Enforcement

18.11 Transboundary Impacts

18.12 Application

Schedule 18-1 Types of Project Proposals Exempt from Screening (Subsections 18.3.2, 18.3.3, 18.3.5, 18.10.2)

1. Land use activities not requiring a permit or authorization from Government.
2. Land use activities requiring only a Class B permit under the Territorial Land Use Regulations, C.R.C., c. 1524 As it reads on the Effective Date of this Agreement.
3. All construction, operation and maintenance of all buildings and services within an established community, except for bulk storage of fuel, power generation with nuclear fuels, or hydro power and any industrial activity.
4. All hotels, motels or tourist facilities of twenty (20) beds or less in all.
5. Water uses that do not require a public hearing under subsection 13.7.3 of Nunavut Land Claims Agreement.
6. Prospecting, staking or locating a Mineral claim unless it requires more than a Class B permit mentioned in point 2 above.
7. Such other categories of activities and projects as may be agreed upon by the EMRIRB and the appropriate Minister.

Schedule 18-2 Oath of Office

I, ......................................, do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and, to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the Eeyou Marine Region Impact Review Board.

Solemnly affirmed (or sworn) before me at
(place ...............), this (date ...............)

19.1 Definitions

In this chapter:

"Capital Costs" shall consist of expenditures for designing, procuring, constructing and installing all buildings, housing, machinery and equipment and Infrastructure associated with a project, including any such costs incurred outside of the EMR in relation to the project; but shall not include financing costs;

"Infrastructure" shall be considered as any transportation facilities directly in support of a project, such as a marine port, airport, road, railway, pipeline or power transmission line;

"Major Development Project" means any government, Crown corporation or private sector project that either entails, within the EMR during any five-year period, more than 200 person years of employment, or entails Capital Costs in excess of thirty-five million dollars ($35,000,000), in constant 2001 dollars, including, where Government is the Proponent for a portion of a development project or directly-related Infrastructure, the Capital Costs and employment projections for the Government portion of the project;

"Party" or "Parties" means a party or parties to an IBA or negotiations leading thereto.

19.2 Obligation to Finalize

19.2.1 Subject to subsections 19.10.1 to 19.10.3, no Major Development Project may commence until an Impact and Benefit Agreement (IBA) is finalized in accordance with this chapter.

19.3 Parameters for Negotiation and Arbitration

19.3.1 An IBA may include any matter connected with the Major Development Project that could have a detrimental impact on Crees or that could reasonably confer a benefit on Crees. Without limiting the generality of the foregoing, the matters identified in Schedule 19-1 shall be considered appropriate for negotiation and inclusion within an IBA.

19.3.2 An IBA shall be consistent with the terms and conditions of project approval, including those terms and conditions established pursuant to any development impact review.

19.3.3 Negotiation and Arbitration of IBAs shall be guided by the following principles:

1. benefits shall be consistent with and promote Cree cultural goals;
2. benefits shall contribute to achieving and maintaining a standard of living among Crees equal to that of individuals other than Cree living and working in Eeyou Istchee, and to Canadians in general;
3. benefits shall be related to the nature, scale and cost of the project as well as its direct and indirect impacts on Crees;
4. benefits shall not place an excessive burden on the proponent and undermine the viability of the project; and
5. IBAs shall not prejudice the ability of other residents of the EMR to obtain benefits from major projects in the EMR.

19.4 Negotiations

19.4.1 At least one hundred and eighty (180) days prior to the proposed start-up date of any Major Development Project, a GDO and the proponent, unless they otherwise agree, will commence negotiations, in good faith, for the purpose of concluding an IBA.

19.4.2 Where the proponent and the GDO agree on the contents of an IBA, the agreement shall be written in the form of a contract. Once agreement has been reached, the Parties shall send a copy to the Minister.

19.5 Arbitration

19.5.1 Where full agreement has not been reached within sixty (60) days after negotiation has commenced, either Party may apply for Arbitration pursuant to Part B of Chapter 31. The scope of the Arbitration shall include the full range of benefits possible in an IBA, unless the Parties agree the range should be restricted.

19.5.2 The Arbitrators shall:

1. ascertain the views and proposals of the Parties;
2. submit a decision in the form of a contract to the Parties; and
3. send a copy of the decision to the Minister.

19.6 Extension of Time

19.6.1 The Parties negotiating an IBA may agree to waive any of the time periods referred to in sections 19.4 and 19.5.

19.7 Coming Into Effect

19.7.1 An IBA shall take effect thirty (30) days after its receipt by the Minister.

19.8 Enforcement

19.8.1 An IBA may be enforced by either Party in accordance with the common law of contract. In any deliberation as to the remedy of specific performance due regard shall be given at all times to the desirability of protecting Cree lifestyle and culture and providing Crees with opportunities for economic advancement.

19.9 Renegotiation

19.9.1 Except where otherwise agreed by the proponent and the GDO, an IBA shall provide for its renegotiation.

19.10 Other Matters

19.10.1 The GDO and the proponent of a Major Development Project may agree that an IBA is not required.

19.10.2 In cases of military or national emergency, the Minister may allow commencement of a Major Development Project prior to the conclusion of an IBA.

19.10.3 If, once negotiations have begun on an IBA, the proponent finds it necessary for the project to start sooner than the projected start-up date, the Minister may, if the project has received approval from the appropriate agencies, authorize the project to commence:

1. if the Parties agree; or
2. if the delay would jeopardize the project.

Where the Minister proposes to exercise this authority, the Minister shall Consult with the Parties and, where they have been appointed, the Arbitrators.

19.10.4 If, pursuant to subsections 19.10.2 or 19.10.3, a Major Development Project commences prior to an IBA being concluded, the Arbitrators shall ensure that benefits received by the Crees shall include compensation, which may be in the form of replacement benefits, for the benefits lost through the early commencement of the Major Development Project.

19.10.5 Subject to Laws of General Application, where an IBA has been concluded which is at least equal to Government requirements respecting the mitigation of impacts or provision of benefits for aboriginal peoples, Government may accept the IBA as sufficient to satisfy those requirements.

Schedule 19-1 Matters for possible Inclusion in an Impact and Benefit Agreement (IBA) (Subsection 19.3.1)

1. Training of Crees at all levels;
2. Preferential hiring of Crees and preferential contracting for Cree Enterprises;
3. Employment rotation reflecting Cree needs and preferences;
4. Scholarships for Crees;
5. Special working conditions;
6. Business opportunities for Cree Enterprises including:
   1. provision of seed capital;
   2. provision of expert advice;
   3. notification of business opportunities;
   4. preferential contracting practices;
   5. participation in the project;
7. Housing, accommodation and recreation;
8. Safety, health and hygiene;
9. Language of workplace;
10. Identification, protection and conservation of Archaeological Sites and specimens;
11. Research and development;
12. Cree access to facilities constructed for the project such as airfields and roads;
13. Particularly important Cree environmental concerns and disruption of Wildlife, including Wildlife disruption compensation schemes;
14. Traditional Camps;
15. Information flow and interpretation, including liaison between the Crees and the proponent regarding project management and Cree participation and concerns;
16. Relationship to prior and subsequent agreements;
17. Co-ordination with other developments;
18. Arbitration and amendment provisions;
19. Implementation and enforceability, including performance bonds and liquidated damages clauses;
20. Obligations of subcontractors;
21. Any other matters that the Parties to the IBA consider to be relevant to the needs of the project and of the Crees.

Schedule 20-1 List of Species (Section 20.10)

21.1 Definitions

21.1.1 In this chapter:

"Government Contract" means a contract, other than a contract for employment in the Federal or Territorial Public Service, between the Government of Canada or the Government of Nunavut and a party other than Government 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, as defined in section 2 of the Financial Administration Act, R.S. 1985, c. F-11;

"Government of Nunavut" means all departments and agencies, including departmental corporations and branches designated as public agencies, for purposes of the Nunavut Financial Administration Act, R.S.N.W.T. 1988, c. F-4, as duplicated for Nunavut by section 29 of the Nunavut Act, S.C. 1993, c. 28.

21.2 Employment

21.2.1 Government undertakes to take all reasonable and timely measures to provide Crees with priority with respect to public service employment opportunities in the EMR.

21.2.2 If public service employment opportunities exist in the EMR, Government is committed to awarding those opportunities so as to achieve a public service in the EMR that reflects the ratio of Crees to all other residents in Eeyou Istchee.

21.2.3 Government shall remove employment barriers for Crees in relation to public service positions within the EMR by reviewing job qualifications and recruitment procedures and removing inappropriate requirements in respect of cultural factors, experience or education.

21.3 Contracts

21.3.1 Government shall provide reasonable support and assistance to Cree Enterprises as set out in the following subsections to enable them to compete for Government Contracts.

21.3.2 For Government Contracts for the procurement of goods or services in the EMR, qualified Cree Enterprises shall, subject to meeting the technical and administrative conditions of the request for goods or services, be given fair consideration.

21.3.3 In inviting bids on Government Contracts for the procurement of goods or services in the EMR, Government shall provide all reasonable opportunities to Cree Enterprises enumerated on the list referred to in subsection 21.3.5 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 Cree Enterprises 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 fulfillment of the contract.

21.3.4 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 Government for the awarding of its Government Contracts for the procurement of goods and services in the EMR:

1. the existence of head offices, administrative offices or other facilities in Eeyou Istchee;
2. the employment of Cree labour, engagement of Cree professional services, or use of suppliers that are Cree or Cree 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 Crees.

21.3.5 The GCC(EI) shall prepare and maintain a comprehensive list of Cree Enterprises, together with information on goods and services which they would be in a position to supply in relation to Government Contracts. This list shall be considered, where practicable and consistent with sound procurement practices, by Government in meeting its obligations under this chapter.

21.4 Special Provisions Relating to Government of Nunavut Employment and Contracts

21.4.1 The Government of Nunavut may implement Inuit Employment Plans, policies and Legislation which give priority to Inuit of Nunavut, and other distinct groups, to Public Service employment opportunities in the EMR provided Crees are given first priority for Public Service employment opportunities in a manner consistent with this chapter.

21.4.2 Notwithstanding subsection 21.4.1, the Government of Nunavut may implement policies and Legislation, including the existing Nunavummi Nangminiqaqtunik Ikajuuti policy, that extend an incentive or bid adjustment and labour bonus to registered local, Nunavut and Inuit firms in the EMR provided Cree Enterprises are given or credited equivalent benefits as those provided under that policy and given first priority for contracts for the procurement of goods or services in a manner consistent with this chapter.

21.4.3 In the event of a conflict or inconsistency between this chapter and any Government of Nunavut policies or Legislation referred to in subsections 21.4.1 and 21.4.2, this chapter shall prevail to the extent of the conflict or inconsistency.

22.1 Capital Transfer Payments to the Recipient of Payments

22.1.1 Canada shall make capital transfer payments to the Recipient of Payments as set out in Schedule 22-1 of this chapter which shall be calculated by deducting from each amount listed in the Capital Transfer Schedule set out in Schedule 22-2, the corresponding payment from the Negotiation Loans Repayment Schedule set out in Schedule 22-3.

22.1.2 For the purposes of this chapter, the "Recipient of Payments" shall be a non-profit corporation, partnership, foundation or trust designated by the GCC(EI) to receive and hold the payments made by Canada pursuant to this chapter, or failing such designation, the Recipient of Payments shall be the GCC(EI).

22.2 Negotiation Loan Repayment

22.2.1 By deducting amounts listed in the Negotiation Loans Repayment Schedule set out in Schedule 22-3 of this chapter, Canada extinguishes any and all obligations the GCC(EI) might have had with respect to such loans.

22.2.2 Notwithstanding subsection 22.2.1, the GCC(EI) may request to accelerate the repayment of the outstanding negotiation loan amounts without bonus or penalty, at its option, and the new negotiation loan repayment Schedule shall be re-calculated such that the present value of the new Schedule 22-3, including accelerated payments, remains the same using an interest rate of two decimal seven nine five percent (2.795%)^{Footnote 1}, Canada will then recalculate Schedule 22-1 in accordance with subsection 22.1.1.

22.2.3 Except as provided in section 22.1, terms and conditions of the negotiation loans shall remain unaffected.

Schedule 22-1 Provisional Capital Transfer Payment Schedule

Notes to Finalize Schedule 22-1

1. Payments will be made to the Recipient of Payments 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 subsection 22.1.1.

Schedule 22-2 Provisional Capital Transfer Schedule

Notes to Finalize Schedule 22-2

1. This note will not form part of this Agreement. 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 FDDIPI for the 1^st quarter of 2010 and by dividing the resulting product by the value of FDDIPI for the 3^rd quarter of 2000; and
   3. the present value referred to in b) will be calculated using as a discount rate of 2.795%, 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 same quarter of FDDIPI used to calculate the provisional schedule as in 2 b) above.

Schedule 22-3 Provisional Negotiation Loans Repayment Schedule

Notes to Finalize Schedule 22-3

1. This note will not form part of this Agreement. 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 of payments.
2. Prior to the signing of this Agreement, the outstanding loans of the GCC(EI) 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. 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 $2,732,082, 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 of 2.795%, 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 1) will be calculated using as a discount rate of 2.795%, whihc 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.

24.1 Definition

24.1.1 In this chapter:

"Cree Capital" means all Land, cash, and other assets transferred or paid to a GDO under this Agreement or recognized as owned by a GDO under this Agreement.

24.2 Transfer of Cree Capital

24.2.1 A transfer or payment under this Agreement of Cree Capital and recognition of ownership of Cree Capital under this Agreement is not taxable.

24.2.2 For federal and territorial income tax purposes, Cree Capital is deemed to have been acquired by a GDO at a cost equal to its fair market value on the latest of:

1. the Effective Date of this Agreement; and
2. the date of transfer of ownership or the date of recognition of ownership, as the case may be.

24.3 Cree Lands

24.3.1 A GDO is not subject to capital taxation, including real property taxes and taxes on capital or wealth, with respect to the estate or interest of a GDO in Cree Lands on which there are no improvements or on which there is a designated improvement.

24.3.2 In subsection 24.3.1, "designated improvement" means:

1. a residence of a Cree or a Traditional Camp;
2. an improvement, all or substantially all of which is used for a public purpose or a purpose ancillary or incidental to the public purpose, including:
   1. a public governance or administration building, public meeting building, public hall, public school or other public educational institution, teacherage, public library, public health facility, public care facility, public seniors home, public museum, place of public worship, manse, fire hall, police facility, court, correction facility, public recreation facility, public park or an improvement used for Cree cultural or spiritual purposes;
   2. works of public convenience constructed or operated for the benefit of a Cree, occupiers of Cree Lands or individuals visiting or in transit through Cree Lands, including public utility works, public works used to treat or deliver water or as part of a public sewer system, public roads, public bridges, public drainage ditches, traffic signals, street lights, public sidewalks, and public parking lots; or
   3. similar improvements;
3. an improvement that is used primarily for the management, protection or enhancement of a natural Resource, including a forest resource or a fishery or Wildlife resource, other than an improvement that is used primarily in Harvesting or processing a natural Resource for profit; and
4. forest resources and forest roads.

24.3.3 In paragraph 24.3.2 b), "public purpose" does not include the provision of property or services primarily for the purpose of profit.

24.3.4 For the purposes of subsections 24.3.1 and 24.3.2:

1. for greater certainty, Cree Lands include a designated improvement on those Lands, unless such designated improvement is located on Cree Lands subject to a grant from a GDO pursuant to subsection 5.4.2; and
2. an improvement is deemed to be on the Land that is necessarily ancillary to the use of the improvement.

24.3.5 For greater certainty, the exemption from taxation in subsection 24.3.1 does not apply to a taxpayer other than a GDO nor does it apply with respect to a disposition of Cree Lands, or interests in those Lands, by a GDO.

24.3.6 For federal and territorial income tax purposes, proceeds of disposition received by a GDO on expropriation of Cree Lands in accordance with Chapter 7 will not be taxable.

25.1 Definitions

25.1.1 In this chapter:

"Implementation Plan" means the plan prepared pursuant to this chapter;

25.2 Principles

25.2.1 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 the GCC(EI) 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. timely and effective implementation of this Agreement with active Cree participation is essential for the Cree to benefit from this Agreement;
3. to promote timely and effective implementation of this Agreement, the GCC(EI) 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 to reschedule through the establishment of the Implementation Committee.
4. reflecting the level of independence and the authorities of the institutions identified in this Agreement, 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, re-allocate 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
5. ensure the accountability of those institutions for expenditure of their resources in fulfilling their obligations under this Agreement.

25.3 Implementation Plan

25.3.1 The GCC(EI) and Government ("the parties to the Implementation Plan") shall prepare a detailed Implementation Plan prior to initialling this Agreement that 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 section 35 of the Constitution Act, 1982.

25.3.2 For greater certainty, in the event of conflict or inconsistency between this Agreement and the Implementation Plan, this Agreement shall prevail.

25.3.3 The Implementation Plan shall be a legally binding contract except as otherwise agreed to 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 to the Implementation Plan have agreed that payment of such funds constitutes the fulfillment of that obligation. Where the parties to the Implementation Plan fail to so agree, the treaty obligation shall prevail.

25.3.4 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 obligations, activities and projects will be carried out and identify the associated time-frames and how these will be discharged;
3. identify the funding levels and specific funding arrangements for implementing this Agreement for an initial ten-year planning period following the Effective Date 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 Crees and interested third parties of the content and implementation of this Agreement;
6. provide for a process for monitoring the implementation of this Agreement through the establishment of an Implementation Committee to oversee, monitor and report on the 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.

25.3.5 Negotiations between the Parties concerning the Implementation Plan, and the amounts of funding that shall be provided under the Implementation Plan, for the initial planning period shall commence at a time agreed to by the Parties and shall be concluded prior to the initialling of this Agreement.

25.3.6 For subsequent planning periods beyond the initial (10) ten-year planning period, negotiations between the Parties concerning the renewal of the Implementation Plan and the determination of the amounts of funding that shall be provided under the renewed Implementation Plan shall commence at least one (1) year prior to the expiry of the initial (10) ten-year planning period or any subsequent planning periods, as the case may be.

25.4 The Implementation Committee

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

25.4.2 The Implementation Committee shall be composed of four (4) senior officials: one (1) representing the government of Canada, one (1) representing the government of Nunavut and two (2) representing the GCC(EI).

25.4.3 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 activity sheets, 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 Chapter 31;
5. every two (2) years provide to the Minister of Indian Affairs and Northern Development, the Leader of the government of Nunavut and the GCC(EI) a report on the implementation of this Agreement, which shall be made public; 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 (10) ten-year period.

25.4.4 The report of the Implementation Committee referred to in subsection 25.4.3 shall be a cost of the government of Canada.

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

25.5 Cree Implementation Funding

25.5.1 Canada shall make a one time implementation funding payment to the GCC(EI) on the Effective Date of this Agreement of five million dollars ($5,000,000) multiplied by the value of 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 3^rd quarter of 2002.

25.5.2 The payment made pursuant to subsection 25.5.1 is not intended by the Parties to fulfill or discharge the ongoing funding responsibilities of the government of Canada for the implementation of this Agreement.

25.5.3 Unless otherwise specified in this Agreement, Canada shall not be responsible for the costs of the GCC(EI) to implement this Agreement.

25.5.4 The GCC(EI) shall use the funds referred to in subsection 25.5.1 to implement this Agreement and to carry out the objects of the GCC(EI) as set out in its constitutive documents.

26.1 Definitions and Interpretation

26.1.1 In this chapter:

"Archaeological Investigation" means any archaeological research, survey, excavation, reconstruction, work or other activity within the EMR;

"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, Cree Human Remains or Associated Burial Objects;

"Areas Administered by Parks Canada" means National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves, and National Historic Sites of Canada owned and administered by Parks Canada Agency under the Historic Sites and Monuments Act, R.S.C. 1985, c. H-4, the Canada National Parks Act, and the Canada National Marine Conservation Areas Act; as appropriate;

"Cree Human Remains or Associated Burial Objects" means human remains of individuals of Cree ancestry or any objects associated with the burial of those individuals;

"Designated Agency" means the Government agencies, and departments, or their successors, described in Schedule 26-1;

"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 (3) years or longer;

"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; and

"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.

26.2 General Principles

26.2.1 The archaeological record of the Crees in the EMR is a record of Cree use and occupancy of Lands and Resources through time. The evidence associated with Cree use and occupancy represents a cultural, historical and ethnographic heritage of Cree society and, as such, Government recognizes that the Crees have a special relationship with such evidence that shall be expressed in terms of special rights and responsibilities.

26.2.2 The archaeological record of the EMR is of cultural, spiritual, religious and educational importance to the Crees. Accordingly, the identification, protection and conservation of Archaeological Sites and Archaeological Specimens and the interpretation of the archaeological record is of primary importance to the Crees and their involvement is both desirable and necessary.

26.2.3 Government responsibilities for the management and conservation of Archaeological Sites and Archaeological Specimens shall be balanced with the Crees' responsibilities for same.

26.2.4 A GDO shall be invited to participate in any development of Government policy and Legislation on archaeology in the EMR.

26.3 Permits

26.3.1 Upon receipt of any application for a permit authorizing an Archaeological Investigation in the EMR, the Designated Agency shall, except in cases of emergency, forward a copy of the application forthwith to the GDO.

26.3.2 Upon receipt of the copy, the GDO shall have ninety (90) days to object to the application in writing.

26.3.3 If the Designated Agency is in receipt of such written objections within the specified number of calendar days referenced in subsection 26.3.2, it shall:

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

26.3.4 Where the objections referred to in subsection 26.3.3 Are reasonably founded on:

1. inadequate efforts to secure Cree 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 Cree religious or spiritual significance as such significance is defined by the GDO in Consultation with the Designated Agency,

the Designated Agency shall reject the application for the permit.

26.3.5 The Designated Agency shall upon reasonable request by the GDO, 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 GDO, 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.

26.3.6 Notwithstanding subsection 26.3.4, 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.

26.3.7 Every permit holder shall submit a report as required by the Designated Agency with a copy to the GDO. Upon reasonable request, the Designated Agency shall provide the GDO with a summary of the report in the Cree language.

26.3.8 The Designated Agency shall make available Cree translations of its publications that are aimed at informing the Canadian public about archaeology in the EMR.

26.3.9 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 GDO at a place and time specified in the permit.

26.3.10 Where an application is made for a land use permit 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.

26.3.11 Each land use permit referred to in subsection 26.3.10 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.

26.4 Title in Archaeological Specimens

26.4.1 In this section, "Archaeological Specimens" does not include human remains.

26.4.2 Government and the GDO shall jointly own all Archaeological Specimens found within the EMR 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.

26.4.3 Archaeological Specimens found in the EMR in Areas Administered by Parks Canada Agency shall be managed in accordance with the provisions of this Agreement.

26.4.4 Any disturbance or disposition of Archaeological Specimens shall be managed in accordance with this chapter.

26.4.5 The Designated Agency and the GDO must jointly consent, in writing, prior to any Long-term Alienation of any Archaeological Specimens found in the EMR.

26.4.6 Where the Designated Agency and the GDO cannot reach an agreement on a proposal for a Long-term Alienation, as outlined in subsection 26.4.5, the matter shall be referred for resolution by Arbitration under Part B of Chapter 31 by the Designated Agency or the GDO. In arriving at a decision, the Arbitrators shall take into account the overall intent of this Agreement, the provisions of this chapter, and any other relevant consideration.

26.4.7 Subject to subsection 26.4.5, the GDO shall determine the disposition of all Archaeological Specimens found on Cree Lands.

26.4.8 Subject to subsection 26.4.5, the Designated Agency shall determine the disposition of all Archaeological Specimens found in the EMR other than on Cree Lands subject to the rights of the GDO to acquire possession as set out in this chapter.

26.4.9 Public Records wherever they are found shall be owned and managed by the government by which they were created or held.

26.5 Use of Archaeological Specimens

26.5.1 The GDO may request possession of any Archaeological Specimen found within the EMR or from any Government agency, including the Canadian Museum of Civilization. Such requests shall not be refused by the agency unless:

1. the GDO is unable to maintain the Archaeological Specimen without risk of damage or destruction, including, where appropriate, provision for climate control and security;
2. the GDO 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, Library and Archives Canada, Parks Canada Agency or a territorial archaeological 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 Person other than a Government agency.

26.5.2 Where the agency referred to in subsection 26.5.1 complies with a request by the GDO, 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.

26.5.3 If the GDO requests a loan under subsection 26.5.1 but the Archaeological Specimen is subject to an existing, legally binding loan commitment, the GDO shall have priority over others to obtain possession of the Archaeological Specimen once that commitment has been fulfilled.

26.5.4 A Designated Agency may request possession of any Archaeological Specimen in the possession of the GDO and the GDO may grant possession on a basis to be negotiated between the Designated Agency and the GDO.

26.6 Cree Human Remains or Associated Burial Objects

26.6.1 At the request of the GDO, Government shall use reasonable efforts to facilitate the GDO's access to Cree Human Remains or Associated Burial Objects that are held in public and private collections other than by Government.

26.7 Protection of and Rules of Access to Cree Human Remains or Associated Burial Objects and Burial Sites

Notwithstanding any other provisions of this chapter:

26.7.1 Immediately upon discovering a burial site in the EMR a Person shall notify the GDO and Government.

26.7.2 Subject to subsection 26.7.4, if determined by the GDO and Government that the burial site on Cree Lands contains Cree Human Remains or Associated Burial Objects the burial site shall not be surveyed or disturbed without the written consent of the GDO and subject to conditions established by the GDO.

26.7.3 Any Person having received permission under subsection 26.7.2 to survey or disturb a Cree burial site shall take appropriate measures to respect the dignity of the site and any Cree Human Remains or Associated Burial Objects therein.

26.7.4 A Cree burial site, on Cree Lands may be disturbed by police, where authorized by Legislation, without the consent of the GDO, if such disturbance is required in relation to a police investigation.

26.7.5 With respect to subsection 26.3.10, if there are reasonable grounds to believe that the Archaeological Site on Cree Lands contains Cree Human Remains or Associated Burial Objects, the Designated Agency shall first Consult and receive the consent of the GDO pursuant to subsection 26.7.2 prior to a land use permit being issued.

26.7.6 If the GDO and Government determine that Cree Human Remains or Associated Burial Objects must be removed from a Cree burial site, the GDO shall determine the reburial or other disposition of the Cree Human Remains or Associated Burial Objects. If the GDO wishes to bury or otherwise dispose of the Cree Human Remains or Associated Burial Objects in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, Canada and the GDO must jointly agree.

26.8 Employment and Contracting

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

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

26.8.2 Any archaeological programs in the EMR that are administered by Government shall also conform with Chapter 21.

Schedule 26-1 Designated Agencies

PART I: GOVERNMENT OF CANADA

• Canadian Museum of Civilization
• Library and Archives of Canada
• Department of Indian Affairs and Northern Development
• Department of Canadian Heritage
• Parks Canada Agency
• Social Sciences and Humanities Research Council of Canada
• Department of Fisheries and Oceans

PART 2: GOVERNMENT OF NUNAVUT

• Department of Culture, Language, Elders and Youth

27.1 Definitions and Interpretation

27.1.1 In this chapter:

"Archival Records" means records of historical value that are created or held or both by 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 or preserve Ethnographic Resources or 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.

27.1.2 Nothing in this chapter shall be interpreted so as to conflict with Chapter 26.

27.2 Use of Ethnographic Resources

27.2.1 Where the GDO requests the loan of any Ethnographic Resource originating in or relating to Eeyou Istchee and in the possession of any Ethnographic Agency, including the Canadian Museum of Civilization and Parks Canada Agency, such request shall not be refused unless:

1. the GDO is unable to maintain the Ethnographic Resource without risk of damage or destruction, including, where appropriate, provision for climate control and security;
2. the GDO 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-government source; this restriction will not apply where the term or condition is unreasonable in light of health or public safety considerations;
4. the Canadian Museum of Civilization, Parks Canada Agency, or an Ethnographic 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 Person other than Government.

27.2.2 Where the agency referred to in subsection 27.2.1 complies with a request by the GDO, 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.

27.2.3 If the GDO requests a loan under subsection 27.2.1 but the Ethnographic Resource is subject to an existing, legally binding loan commitment, the GDO shall have priority over others to obtain possession of the Ethnographic Resource once that commitment has been fulfilled.

27.2.4 Where the Ethnographic Agency is a party to an agreement that governs the use and disposition of Ethnographic Resources deposited with the agency, that agreement will be respected.

27.3 Use of Archival Records

27.3.1 Where the GDO requests the loan of original Archival Records relating to the Cree for display or exhibit in Eeyou Istchee, or copies of such Archival Records for research or study purposes, from the Library and Archives Canada or any other Ethnographic 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, and generally applicable policies and procedures.

27.4 Place Names

27.4.1 The Crees have traditionally referred to various locations, geographic features and landmarks in the EMR by their traditional Cree place names. The official names of such places shall be reviewed by the GDO and may be changed to traditional Cree place names in accordance with the government of Nunavut's Geographic Names Policy dated November 2004, as revised pursuant to subsection 27.4.3.

27.4.2 These traditional Cree place names shall be taken into account by Government in designating geographic place names in the EMR.

27.4.3 The government of Nunavut's Geographic Names Policy dated November 2004 shall be revised to take into account subsections 27.4.1 and 27.4.2.

Schedule 30-1 A Consolidated Agreement Relating to the Cree / Inuit Offshore Overlapping Interests Area between the Crees of Eeyou Istchee and the Nunavik Inuit

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 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 3a - Map "Cree Zone">

Schedule 4a - Map "Inuit Zone"

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

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

Part A - Mediation Process

Part B - Arbitration

31.9 The following matters shall be arbitrated pursuant to Part B of this chapter:

1. matters specifically designated in other chapters of this Agreement for resolution by Arbitration under Part B of this chapter; or
2. where GCC(EI) and Government mutually agree to be bound by an Arbitration decision, any other matters arising from this Agreement including, without limiting the generality of the foregoing, any matter concerning the interpretation, application or implementation of this Agreement.

31.10 No Arbitration decision made pursuant to Part B of this chapter may alter, amend, delete or substitute any provision of this Agreement in any manner.

31.11 An Arbitration shall be initiated by a party to a dispute serving written notice to the other party to the dispute, which notice shall set out the nature of the dispute, a summary of the facts, describe the issue to be arbitrated, name an arbitrator and describe the relief sought.

31.12 Within thirty (30) days of receipt of a notice referred to in section 31.11, the other party to the dispute shall reply to the notice, naming its arbitrator and describing any relief sought.

31.13 The two arbitrators named under sections 31.11 and 31.12 shall agree upon a third arbitrator. Failing such agreement the third arbitrator shall be appointed by a judge of the Federal Court of Canada and in such case the judge may appoint anyone as the judge sees fit.

31.14 The Arbitrators may, on application, allow any Person to participate, on such terms as the Arbitrators in their discretion may order, in an Arbitration as an intervener, if in their opinion the interest of that Person may be affected by the Arbitration. Intervenors shall bear their own costs.

31.15 The Arbitrators shall have jurisdiction, after hearing the parties to the Arbitration, to determine all questions of fact and procedure, including the method of giving evidence, and to make an award, including interim relief, payment of interest, and costs.

31.16 It is intended that the process of Arbitration established by Part B of this chapter will resolve disputes submitted to it in an informal and expeditious manner.

31.17 The Arbitrators shall proceed to arbitrate a dispute within forty-five (45) days of the agreement on or the appointment of the third arbitrator or within such longer period as the parties to the Arbitration may agree.

31.18 If the Arbitrators make no decision as to costs, each party to an Arbitration shall bear its own costs and its proportionate share of the other costs of the Arbitration, including the remuneration and expenses of the Arbitrators.

31.19 In the absence of a majority decision, the decision of the third arbitrator referred to in section 31.13 shall prevail.

31.20 The decision of the Arbitrators shall be final and binding on the parties to the Arbitration and shall not be subject to appeal or review in any court except that the decision may be reviewed by the Federal Court of Canada on the grounds that the Arbitrators erred in law or exceeded or refused to exercise their jurisdiction.

31.21 The Arbitrators shall determine the rules and procedures for the Arbitration.

31.22 The GCC(EI) and Government shall maintain a public record of Arbitration decisions.

31.23 Where a party to an Arbitration has failed to comply with any of the terms of an Arbitration decision, any party to the Arbitration may file in the office of the Registrar of the Federal Court of Canada or the Nunavut Court of Justice, a copy of the decision, exclusive of the reasons therefore, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.

31.24 A party to an Arbitration may request from the Federal Court of Canada or the Nunavut Court of Justice, either before or during arbitral proceedings, an interim measure of protection and the Court may grant such a measure.

31.25 Unless otherwise specified in an Arbitration decision, the effective date of the decision is the date on which the decision is released in writing. The decision shall be released with reasons.

31.26 Except in respect of disputes arbitrated under Part B of this chapter, nothing in this chapter affects the jurisdiction of any court.

Chapter 32 Ratification Procedures for this Agreement

32.1 This Agreement shall be submitted for ratification by the Parties as set out in this chapter only after it has been initialed by the Negotiators for the GCC(EI) and Government.

32.2 This Agreement shall be ratified by the Crees prior to ratification by Canada.

32.3 The Crees shall be considered to have ratified this Agreement when:

1. a majority of all eligible Cree voters by way of the Cree ratification vote approve this Agreement; and
2. the duly appointed and authorized officers of the GCC(EI) sign this Agreement.

32.4 Canada shall be considered to have ratified this Agreement when:

1. this Agreement is signed by a Minister of the Crown; and
2. an act ratifying and giving effect to this Agreement is enacted by Parliament and comes into force.

32.5 The process for the Cree ratification vote is set out in Schedule 32-1.

32.6 The funding for the Cree ratification vote shall be provided by Canada. The Referendum Committee as established pursuant to Schedule 32-1 shall prepare a budget, subject to review and approval by the Department of Indian Affairs and Northern Development for its operation and the Cree ratification vote including, for greater certainty, funding for the development of an eligible voters list.

32.7 Following the signing of this Agreement by the Parties, and upon Consultation with the GCC(EI), Canada shall present this Agreement to Parliament, and propose the enactment of the ratification act. The proposed act shall:

1. contain a clear statement that this Agreement is ratified, approved, given effect and declared valid;
2. provide that this Agreement is binding on third parties;
3. state that where there is an inconsistency or conflict between the ratification act or any other Legislation and this Agreement, this Agreement prevails;
4. state that, in the event of an inconsistency or conflict between the ratification act and any other Legislation, the ratification act prevails to the extent of the inconsistency or conflict;
5. authorize the payment out of the Consolidated Revenue Fund of such sums as may be required to meet the monetary obligations of Her Majesty under Chapter 13, Chapter 22, Chapter 23 and Chapter 25 of this Agreement;
6. provide that judicial notice shall be taken of this Agreement;
7. provide that if, in any judicial or administrative proceeding, an issue arises in respect of the interpretation or validity of this Agreement or the ratification act, the issue shall not be decided unless the party raising the issue has served notice on Canada and the GCC(EI); and
8. provide that the ratification act is binding on the Crown in right of Canada or in right of a province.