The James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement - Annual Reports 2008-2009 / 2009-2010

Implementation Processes of Implementation Branch (IB)

Text description of figure - The different implementation processes executed by the Implementation Branch for the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement

The flowchart represents the different implementation processes executed by the Implementation Branch for the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement.

The flowchart consists of three sections. The data are connected by a dotted line which represents a functional link and not a hierarchical link.

The first section represents the Naskapi process:

• The Naskapi are linked by a dotted line to the Cree-Naskapi Commission;
• The Naskapi are also linked by a dotted line to the Northeastern Quebec Agreement (NEQA);
• The Northeastern Quebec Agreement (NEQA) is linked by a dotted line to the Hunting, Fishing and Trapping Coordinating Committee (HFTCC);
• The Northeastern Quebec Agreement (NEQA) is also linked by a dotted line to the Operational Table;
• The Operational Table is linked by a dotted line to the Interdepartmental Table.

The second section represents the Cree process:

• The Cree are linked by a dotted line to the Cree-Naskapi Commission;
• The Cree are also linked by a dotted line to the James Bay and Northern Quebec Agreement (JBNQA);
• The James Bay and Northern Quebec Agreement (JBNQA) is linked by a dotted line to the Hunting, Fishing and Trapping Coordinating Committee (HFTCC) and the James Bay Advisory Committee on Environment (JBACE);
• The James Bay and Northern Quebec Agreement (JBNQA) is also linked by a dotted line to the Operational Table;
• The Operational Table is linked by a dotted line to the Cree-Canada Standing Liaison Committee;
• The Operational Table is also linked by a dotted line to the Interdepartmental Table.

The third section represents the Inuit process:

• The Inuit are linked by a dotted line to the James Bay and Northern Quebec Agreement (JBNQA);
• The James Bay and Northern Quebec Agreement (JBNQA) is linked by a dotted line to the Hunting, Fishing and Trapping Coordinating Committee (HFTCC) and the Kativik Environment Advisory Committee (KEAC);
• The James Bay and Northern Quebec Agreement (JBNQA) is also linked by a dotted line to the Operational Table;
• The Operational Table is linked by a dotted line to the Inuit Forum;
• The Operational Table is also linked by a dotted line to the Interdepartmental Table.

Cree-Naskapi Commission

The Cree-Naskapi Commission was created in 1984 following the enactment of the Cree-Naskapi (of Quebec) Act. As stipulated in the Act, the Cree-Naskapi Commission consists of three commissioners appointed by the Governor General in Council upon recommendation of the Cree Regional Authority (CRA) and the Naskapi community of Kawawachikamach. Its mandate, among other responsibilities, consists of investigating claims related to the application of the Cree-Naskapi (of Quebec) Act. The Cree-Naskapi Commission must also prepare biannual reports on the application of the Act to be tabled in Parliament by the Minister of INAC. IB is responsible for addressing the recommendations made by the commissioners in these reports.

Operational and Technical Tables

IB participates in three operational tables (Inuit, Cree and Naskapi) dedicated to the discussion of various matters and challenges at the operational level relating to the implementation of both the JBNQA and the NEQA. IB also sits on a number of technical tables used to settle specific matters or issues regarding housing, environment, transfer payments, etc.

JBNQA and NEQA Interdepartmental Table

The JBNQA and the NEQA Interdepartmental Table is a regional caucus that enables federal partners responsible for the implementation of these Agreements to deliberate and make recommendations to resolve various operational matters related to implementation activities. During the period of 2008-2010, the federal partners met twice.

Dispute Resolution Mechanisms

Dispute resolution mechanisms are included in the two implementation agreements with the Naskapi and Inuit (NEQA and JBNQA) and in the out-of-court settlement (New Relationship Agreement) with the Cree. Parties can use dispute resolution mechanisms to settle contentious issues pertaining to the interpretation, administration or implementation of the JBNQA and the NEQA, or as specified in these Agreements. These mechanisms are generally initiated by a bipartite or tripartite consultation phase. Should a satisfactory resolution for all parties to the dispute not be reached, the initial phase is followed by a mediation process and possible, arbitration.

Hunting, Fishing and Trapping Coordinating Committee

The Hunting, Fishing and Trapping Coordinating Committee (HFTCC) was formed under Section 24 of the JBNQA. It consists of Aboriginal representatives and representatives from both levels of government. The federal representatives at HFTCC are INAC, Environment Canada and Fisheries and Oceans Canada. HFTCC's mandate is to study, manage and in certain cases monitor and regulate the hunting, fishing and trapping regime. HFTCC plays an advisory role and makes recommendations to both provincial and federal governments. It holds annual meetings in the Northern communities to explain its activities and consult with local people about its mandate and broad objectives. Sub-committees, made up of Aboriginal and governments representatives, have been formed to deal with specific issues such as game animal, parks, fishing, outfitting operations, marketing of caribou meat and land use. For more information, please see HFTCC website.

James Bay Advisory Committee on the Environment and Kativik Environmental Advisory Committee

The James Bay Advisory Committee on the Environment (JBACE) and the Kativik Environmental Advisory Committee (KEAC) were formed under Sections 22 and 23 of the JBNQA to provide advices to both provincial and federal governments on policies and regulations likely to have an impact on the natural and social environments of Aboriginal communities. JBACE is responsible for the territory located south of the 55th parallel while KEAC is responsible for the territory north of the 55th parallel. Each committee consists of Aboriginal representatives, as well as representatives from Governments of Quebec and Canada. At the federal level, the representatives are from INAC, Fisheries and Oceans Canada, Environment Canada and the Canadian Environmental Assessment Agency. For more information, please see JBACE and KEAC websites.

Complementary Agreement No. 19

Complementary Agreement No. 19 replaces provisions concerning the Sûreté du Québec Cree Units and the Cree Community Police Forces provided for in subsections 19.1 and 19.2 of the JBNQA, with new provisions establishing the creation of a regional police force to be called the Eeyou-Eenou Police. Complementary Agreement No. 19 was signed on May 27, 2008, by the Minister of Public Safety Canada and the Minister of Indian and Northern Affairs Canada. This change fulfills Canada's commitment under subsection 10.3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee (New Relationship Agreement).

Complementary Agreement No. 20

In 2008, Complementary Agreement No. 20 changing the definition of "administrator" set out in subsection 22.1.1 of the JBNQA, was signed by the Minister of Indian and Northern Affairs Canada. This change fulfills Canada's commitment under subsection 10.2 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee (New Relationship Agreement).

Bill C-28: An Act to amend the Cree-Naskapi (of Quebec) Act

The Act to amend the Cree-Naskapi (of Quebec) Act (Bill C-28) received Royal Assent on June 11, 2009 and came into force on February 1, 2010. The enactment of this law has made it possible to equip the Cree Regional Authority (CRA) with additional powers, allowing the CRA to receive and carry out certain responsibilities that had been previously assumed by the federal government under the JBNQA. The Act also incorporated the Cree of Oujé-Bougoumou into the JBNQA and the Cree-Naskapi (of Quebec) Act regimes, as the ninth Cree band. These amendments fulfill Canada's commitment under subsection 3.3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee (New Relationship Agreement) and article 29 of Complementary Agreement No. 22 ^{Footnote 7}.

Indian Registration

Indian registration is a joint responsibility between INAC and the Cree and Naskapi communities. During the period of 2008-2010, the Department paid out $260,400 to the Cree and $14,500 to the Naskapi for maintaining the Indian Register.

Cree-Naskapi Land Registry

During the period of 2008-2010, 44 cadastral maps were prepared by the Surveyor General's Office of Natural Resources Canada for the registration of land interests on Cree lands and updating the registration plans of Cree and Naskapi communities. 1:8000 scale aerial photos of the Waskaganish, Eastmain, Wemindji and Chisasibi communities were also taken and were used to produce map sheets and digital orthophotographs showing the village portion of these communities. This mapping was used to update registration plans and the real property inventory.

Creation of Oujé-Bougoumou and Land Transfer of Block D to Chisasibi

The Surveyor General's Office of Natural Resources Canada was involved in various active files such as the creation of Oujé-Bougoumou and land transfer in Chisasibi. Territorial descriptions were analyzed regarding the creation of Oujé-Bougoumou. For the land transfer of Block D to Chisasibi, the land was surveyed by marking off the contaminated area.

First Nation Forestry Program

In 2008-2010, the Waswanipi Mishtuk Corporation received a contribution of $98,500 to carry out silviculture work on an area of nearly 650 hectares as part of the First Nation Forestry Program (FNFP), jointly funded by INAC and Natural Resources Canada. This work included activities such as mosaic cutting, site preparation, plantation maintenance and reforestation for a total of 180,000 trees. Eleven kilometres of logging road construction work was also completed.

In 2009-2010, the Oujé-Bougoumou Cree community received a $10,100 contribution to carry out a pre-feasibility study to estimate the supply costs of wood chips to run a power development. When required, the projects proposed under the FNFP were evaluated by the Canadian Forest Service of Natural Resources Canada according to the Canadian Environmental Assessment Act.

Health Canada

The federal government contributes to the health of the Cree, the Inuit and Naskapi living on JBNQA and NEQA territory through a number of health programs and initiatives, the funding for which is primarily assumed by Health Canada's First Nations and Inuit Health Branch (FNIHB). These programs and services support those offered by health authorities in the Cree, Inuit and Naskapi communities. In 2008-2010, the FNIHB paid out $23,913,300 for the operation of 15 programs related to First Nations and Inuit health.

Northern Contaminants Program

This program works to reduce the contaminants in traditional foods and provides information to assist northern communities in making informed decisions about their diet. In 2008-2010, INAC paid out a total of $280,800 to implement two projects: the coordination of research on contaminants in Nunavik and the creation of a newsletter on health, nutrition and contaminants, as well as other local initiatives related to contaminants.

Social Development

The communities of Mistissini, Waswanipi and Kawawachikamach receive income assistance services directly from INAC. These services are provided by the Government of Quebec in the remaining Cree communities covered by the JBNQA. In 2008-2010, INAC paid out $4,668,900 to the Cree and $1,663,000 to the Naskapi under the Income Assistance Program and the First Nations National Child Benefit Reinvestment Program.

The Government of Canada also contributes to social development by funding programs and activities designed to improve health and quality of life in communities through the National Strategy for the Integration of Persons with Disabilities (NSIPD) and the Family Violence Prevention Program (FVPP). In 2008-2010, INAC paid out $297,400 to the Cree, $389,800 to the Inuit and $26,800 to the Naskapi to implement these programs.

Canada Mortgage and Housing Corporation

Canada Mortgage and Housing Corporation (CMHC) offers programs to the Inuit through the "Société d'habitation du Québec" (SHQ) under federal-provincial cost-sharing agreements. The SHQ delivers and manages these programs. In 2008-2010, CMHC provided $114,831,300 to the SHQ for the Inuit of Nunavik.

CMHC also works with the Cree and the Naskapi to offer these households access to affordable, suitably sized, quality homes. To fulfil its obligations, CMHC provided a total of $16,475,200 to the Cree and $1,532,900 to the Naskapi for the period of 2008-2010.

Nunavik Housing Agreement

The Governments of Quebec and Canada and the Inuit renewed a tripartite agreement on housing in Nunavik on March 24, 2010. This new 5-year agreement will make possible the construction of approximately 340 social housing units in Nunavik. As set out in this agreement, the Government of Canada will fund the construction of the housing units while the Government of Quebec will assume the operating deficit over a 15-year period. Makivik Corporation will be the main contractor for the construction of the buildings and the Kativik Municipal Housing Bureau will be the owner and manager. To implement this agreement, INAC contributed to Makivik Corporation a total of $13,802,900 in 2008-2009 and $14,221,000 in 2009-2010.

Inuit Housing Construction in Chisasibi

In 2008-2009, INAC transferred $750,000 to Makivik Corporation for the construction of three houses for the Inuit in Chisasibi. In doing so, the federal government honored its commitment under paragraph 29.0.42 of the JBNQA.

New Paths for Education

This federal program aims to strengthen communities' education capacity, improve the quality of classroom teaching, promote community and parental involvement and aid the school-to-work transition. In 2008-2010, INAC contributed $3,596,800 to this program. These funds were allocated as follows:

Avataq Cultural Institute

In 2008-2010, INAC paid out $2,367,400 to Avataq Cultural Institute for funding agreements in regards to tuition fees and education-related programs, particularly the Post-Secondary Student Support Program (PSSSP) and the Cultural/Educational Centers Program.

First Nations and Inuit Youth Employment Strategy

The First Nations and Inuit Youth Employment Strategy (FNIYES) aims to assist youth in acquiring skills and work experience in order to facilitate the school-to-work transition. In 2008-2010, INAC con-tributed $1,391,900 to the Cree and Naskapi^{Footnote 8} to fund activities such as career fairs, conferences on professional skills and leadership, science camps, extracurricular visits, mentoring activities and internships in the communities.

Aboriginal Human Resources Development Strategy

The Aboriginal Human Resources Development Strategy (AHRDS) of Human Resources and Skills Development Canada (HRSDC) enables Aboriginal organizations in Quebec that are signatories to aboriginal human resources development agreements to implement their own job market programs that foster their clientele's integration to employment. In 2008-2010, HRSDC has paid a total of $39,560,500 to the Cree, Inuit and Naskapi for the implementation of this strategy. The funding allocated to the Cree, Inuit and Naskapi has provided various employability measures to their respective clienteles, notably by promoting the return to work or school for more than 4,603 Inuit and over 4,449 Cree.

Cree Justice Committees

The Cree Justice Committees offer training sessions to members of the communities to enable them to implement community justice programs. The objective of the Cree Regional Authority (CRA) is to establish Cree Justice Committees in communities where there are none, and to continue supporting existing committees. In 2008-2010, Justice Canada has paid $189,600 for the functioning of these committees.

Makivik Justice Project

The Makivik Justice Project is based on culturally sensitive approaches for the administration of justice that favours individual, family and community healing and examines the underlying problems that leads members of the community to have troubles with the law. The project aims to promote and maintain peace and harmony in the community, to fight crimes and resolve conflicts in a way that acknowledges culture, values, lifestyle and inuit knowledge, while giving victims the means to act. In 2008-2010, Justice Canada has paid $324,000 for the implementation of this project.

Naskapi Justice Healing Program

The objective of the Naskapi Justice Healing Program is to resolve conflicts and fight crimes using approaches that emphasize individual, family and community healing. The program therefore seeks to address the needs of offenders, victims and Naskapi families, while strengthening the role of community members in the administration of justice. The implementation of this program requires the awareness of the community and justice committee's members to various matters on communication and conflict resolution, as well as the maintenance of peace and aboriginal justice. In 2008-2010, Justice Canada contributed a total of $80,000 for activities related to this program.

Eeyou-Eenou Police Force Funding Agreement

A new 5-year funding agreement for the Eeyou-Eenou police force was concluded on June 18, 2009. This agreement is the result of the negotiation and review of Complementary Agreement No. 19 which amended Section 19 of the JBNQA. This new agreement will allow for at least 70 police officers to patrol Cree communities.

Aboriginal Pathways

Aboriginal Pathways are units, rows of cells or individual houses in correctional facilities designed to provide a traditional Aboriginal healing environment. The operational framework of this program is based on principles of healing provided by Elders or Spiritual advisors. The initiatives, interventions, case management and services offered to offenders are centred on Aboriginal cultural, traditional and ceremonial practices. The Elders or Spiritual advisors and Aboriginal liaison officers play a vital role in the establishment of this environment. The first pathway was officially implemented in 2002-2003. However, this initiative's tremendous success has made it possible for these services to be expanded in 2009.

Enforcement of the Wildlife Act

Environment Canada's Wildlife Enforcement Division conducted advisory sessions in the James Bay Territory as part of the development of its program for the wildlife enforcement officers for the North program.

In addition to its regular inspection and investigation activities related to the protection of wildlife in the James Bay Territory, Environment Canada has worked hard to raise awareness and educate the public, notably by a consultation tour of the various communities under the JBNQA environmental regime. The tour, whose aim was to gather information on issues of concern for the Cree, Inuit and Naskapi, also allowed a greater awareness from the perspective of the beneficiaries in the planning of activities related to the enforcement of the Wildlife Act by Environment Canada and its partners.

Research on Northern Ecosystems

In 2008-2009, Environment Canada funded three research projects on northern ecosystems:

• The Cree Regional Authority (CRA) was awarded $50,000 to pursue its project called "Data Collection Pilot Project on Migratory Birds on the Eeyou Istchee";
• The Kativik Regional Government (KRG) received $35,000 for its project entitled "Climate Change in Nunavik and Northern Quebec: Access to the Territory and Resources"; and
• The Naskapi of Kawawachikamach received a financial contribution of $25,000 for their project called "Development and Implementation of a Communication Strategy for Community Use and Dynamic Transmission of the Naskapi Ecological Knowledge".

Environmental Assessments

The JBNQA establishes the environmental assessment processes for development projects located in the James Bay Territory; the Cree participate in the assessment of projects affecting the territory south of the 55th parallel while the Inuit are responsible for the assessment of projects affecting the territory north of the 55th parallel. However, as defined under the JBNQA, the administrator is responsible for making the final decision regarding the review of development projects in the James Bay territory.

At the federal level, the administrator is the President of the Canadian Environmental Assessment Agency (CEAA). The President is appointed by the Governor General in Council and is responsible for studying projects that are under federal jurisdiction. A provincial administrator is appointed by the Government of Quebec to study projects that are under provincial jurisdiction. Projects located on land classified as Category IA are under the jurisdiction of the Cree local government.

In 2008-2010, CEAA participated in the assessment of over 40 development projects located in the James Bay territory, five of which were subject to an in-depth study by the federal review panel (COFEX). Among these projects are:

• A uranium exploration project in Quebec involving the participation of the Canadian Nuclear Safety Commission was the subject of a cooperation agreement between administrators, a first in 35 years of existence;
• The assessment of Phase II of the Ivujivik and Kuujjuaq projects in which the Habitat and Species at Risk Branch from Fisheries and Oceans participated; and
• The assessment of the Nunavik-Nickel project (an infrastructure construction project in furtherance of the development of a nickel and copper mine located north of the 55th parallel) and the Eastmain-1A project (a hydroelectric project located south of the 55th parallel promoted by Hydro-Québec and the James Bay Energy Corporation).

Canadian Environmental Assessment Registry

The JBNQA section of the Canadian Environmental Assessment Registry was created to improve access to information related to projects subject to environmental assessment as part of the JBNQA. To access the registry, please visit the site and select the JBNQA tab.

Aboriginal Aquatic Resource and Oceans Management Program

Inuit participation in the implementation of management plans for marine mammals is provided by an agreement with the Kativik Regional Government (KRG) through the Aboriginal Aquatic Resource and Oceans Management Program.

This program also provides for Aboriginal participation in awareness, prevention and aquatic resource protection activities. Under this program, Fisheries and Oceans Canada supports the hiring and activities of Aboriginal guardians and works closely with Environment Canada and the "Ministère des Ressources naturelles et de la Faune du Québec" to increase the number of Aboriginal conservation and protection officers (Inuit, Cree and Naskapi) in the James Bay territory.

Nunavik Beluga Population Management Plan

Working closely with the Inuit of Nunavik, Fisheries and Aquaculture Management Branch of Fisheries and Oceans Canada provides sound management of aquatic resources. In this regard, a 3-year management plan (2006-2009) for the Nunavik beluga population was developed. It involved the participation of 14 Nunavik Inuit communities, the Hunting, Fishing and Trapping Association of Nunavik, the Makivik Corporation, the Kativik Regional Government (KRG) and representatives from Nunavut. This partnership was renewed for 2009-2010.

Aanischaaukamikw Cultural Institute

In 2009-2010, Canadian Heritage and INAC, in cooperation with Canada Economic Development, provided $4,200,000 to the Cree for the construction of the Aanischaaukamikw Cultural Institute, a museum dedicated to the promotion of Cree culture and history. Built in the community of Oujé-Bougoumou, the facility includes exhibition rooms, a resource and documentation centre, as well as spaces for archiving, storing, and preserving museological and archaeological artifacts. The building also houses the Cree Outfitting and Tourism Association and the Cree Native Arts and Crafts Association.

The tripartite contribution was allocated as follows:

• Canadian Heritage: $1,800,000;
• Canada Economic Development: $1,400,000; and
• Indian and Northern Affairs Canada: $1,000,000.

Economic and Community Development

INAC participates in the economic development of the Cree, Inuit and Naskapi by providing funding to community and economic development organizations, as well as other industry organizations. In return, these organizations bring critical technical and financial assistance for carrying out various economic development projects. In 2008-2010, INAC provided $3,266,200 to the Cree, $2,258,700 to the Inuit and $148,200 to the Naskapi for various economic and community development projects.

Aboriginal Business Development Program

Aboriginal Business Development Program (ABDP) provides support to Aboriginal entrepreneurs in a number of areas such as planning, startup and entrepreneurial development, as well as marketing and product development. It also provides financial assistance, trade information, literature and business assistance. From 2008 to 2010, INAC provided $2,463,100 to carry out 18 economic development projects or business activities.

Innavik Hydro-Electric Project

In 2008-2009, the Division of Major Projects and Investment Fund contributed $500,000 over two years through the Aboriginal Business Development Program (ABDP) to Pituvik Landholding Corporation for a feasibility study of the Innavik hydro-electric project located ten kilometres from Inukjuak. An additional amount of $34,400 was invested in 2009-2010 for planning activities related to this project.

Canada Economic Development

The purpose of Canada Economic Development (CED) is to increase community vitality and strengthen the competitiveness of small and medium size enterprises (SME) in the regions while taking into account the realities of these Quebec's regions. Through its programs and presence, CED provides financial assistance, guidance and consulting services, analyses forward-looking studies and provides referrals and information. The Northern Quebec office covers the James Bay territory and works with the communities, SMEs and Cree/Inuit non-profit organizations. In 2008-2010, CED contributed a total of $15,057,200 for economic development activities in communities that are part of the JBNQA.

Professional and Institutional Development Program

The Professional and Institutional Development Program is a proposal-based program that funds governance capacity development projects. In 2008-2010, INAC provided $188,200 to Cree, $122,900 to Inuit and $34,200 to Naskapi for projects on leadership, financial management, human resources management, information management and risk management, as well as on planning, development, and policy implementation.