Eeyou Marine Region Land Claim Agreement Implementation Plan - Parts 1-3

Developed by:

The Grand Council of the Crees (Eeyou Istchee), ("GCC(EI)") herein acting for and on behalf of the Crees of Eeyou Istchee and on its own behalf, and represented by its undersigned authorized representatives; and

Her Majesty the Queen in right of Canada, ("Canada") as represented by the Minister of Indian Affairs and Northern Development

(hereinafter referred to as the "Parties")

Whereas the Eeyou Marine Region Land Claim Agreement, (hereinafter referred to as the "Agreement"), has been signed by the Parties;

And Whereas Chapter 25 of the Agreement requires an Implementation Plan which is to guide the implementation of the Agreement by the Parties;

And Whereas representatives of the Parties have developed this Implementation Plan, hereinafter referred to as the "Plan", which identifies certain activities to be undertaken and certain costs which shall be incurred with respect to the implementation of the Agreement during the initial ten (10) year planning period;

Therefore the Parties agree as follows:

1. Interpretation
   • 1.1 The terms used in this Plan have the same meaning as in the Agreement in respect of the provisions to which they relate.
   • 1.2 The Plan shall be interpreted so as to promote the implementation of the Agreement.
   • 1.3 Without limiting the generality of section 1.2, the Plan shall be interpreted in accordance with the principles set out in section 25.2 and the provisions set out in section 25.3 of the Agreement.
   • 1.4 For greater certainty, any Responsibility assigned in Annex A (Implementation Plan Activity Sheets) to the Crees of Eeyou Istchee, to the GCC(EI) by the Crees of Eeyou Istchee, or to a GDO, shall not be an obligation of Government.
   • 1.5 For greater certainty, all rights and obligations of the Crees of Eeyou Istchee under this Plan may be enforced by and against the GCC(EI).
   • 1.6 Nothing in the Plan is to be considered an amendment to, modification of, or derogation from the Agreement.
   • 1.7 Where there is any inconsistency or conflict between the Plan and the Agreement, the Agreement shall prevail to the extent of the inconsistency or conflict.
2. Status of the Plan
   • 2.1 The Plan constitutes a legally binding contract between the Parties unless otherwise specified.
   • 2.2 The Plan includes documents which identify certain activities to be undertaken and certain costs which shall be incurred in order to implement the Agreement.
   • 2.3 The Plan does not form Part of the Agreement and is not a land claim agreement or a treaty within the meaning of section 35 of the Constitution Act 1982.
3. Contents of the Plan
   • 3.1 The Plan comprises the following components:
     • General Provbulletisions and Contract
     • Implementation Plan Activity Sheets (Annex A)
     • Financial Information Summary (Annex B)
     • Communication and Information Strategy (Annex C)
   • 3.2 The English version of this Plan is the authoritative version.
   • 3.3 Annex A (Implementation Plan Activity Sheets) identifies certain activities to be undertaken during the initial ten (10) year planning period. Annex A is not legally binding. The activities and the estimates of certain costs referred to in section 2.2, are based on assumptions made by the Parties in order to determine the level of financial and human resources sufficient to undertake the activities to fulfill the obligations identified in the Agreement.
   • 3.4 Annex B (Financial Information Summary) identifies the payment of funds and any annual adjustments during the initial ten (10) year planning period from the Effective Date of the Agreement for the following:
     • Part 1 - Boards and Commission
     • Part 2 - Eeyou Marine Region Land Use Plan
     • Part 3 - Wildlife Research Fund
     • Part 4 - Cree Implementation Funding
     • Part 5 - Government of Nunavut
     • Part 6 - Annual Adjustments
   • 3.5 Annex C (Communication and Information Strategy) identifies a communication and information strategy to inform the Crees of Eeyou Istchee and interested third parties of the content of the Agreement and the accompanying Implementation Plan in accordance with paragraph 25.3.4 (e) of the Agreement. Annex C is not legally binding.
4. Financial Payments
   • 4.1 Canada"s financial payments described herein are subject to annual appropriation by Parliament.
   • 4.2 Recognizing that years 1 to 10 may not coincide with Government"s fiscal years (April 1 to March 31) and that the recipients of the annual amounts identified in Annex B will need to budget on a fiscal year basis, those amounts will be allocated at the Effective Date of the Agreement to fiscal years in the manner described in Annex B. Upon verification of the calculations by the Implementation Committee, the fiscal year allocations will be deemed to replace the amounts in Annex B.
   • 4.3 The Year 1 payments to the government of Nunavut shall be made as soon as possible after the Effective Date of the Agreement. The first year's payments to the Eeyou Marine Region Planning Commission (EMRPC), the Eeyou Marine Region Wildlife Board (EMRWB) and the Eeyou Marine Region Impact Review Board (EMRIRB) shall be made as soon as possible after the establishment of those bodies and, in accordance with subsections 8.4.3, 14.3.1 and 18.2.34 of the Agreement, the approval of their first budget.
   • 4.4 The fiscal year allocations as calculated under section 4.3, will be subject to annual adjustments in the manner described in Annex B, Part 6 - Annual Adjustments.
5. Implementation Funding
   • 5.1 Pursuant to section 25.5 of the Agreement, the government of Canada shall provide implementation Funding payments to the GCC(EI) in accordance with Part 4 of Annex B. Any payments made pursuant to section 25.5 of the Agreement are not intended by the Parties to fulfill or discharge the ongoing Funding responsibilities of the government of Canada for the implementation of the Agreement.
   • 5.2 The government of Canada"s obligation to provide implementation Funding in the amounts identified in Annex B shall not diminish in any way:
     1. the obligation of Her Majesty in Right of Canada to fulfill the financial aspects of the obligations in the Agreement other than the obligations referred to in sections 5.1 and 5.3; and
     2. the obligation to negotiate for the purpose of determining the amounts of Funding pursuant to section 8.1.
   • 5.3 The government of Canada shall provide the government of Nunavut with Funding to assist the government of Nunavut in fulfilling its responsibilities under the Agreement for the initial ten (10) year planning period and, consistent with section 8.1, for any subsequent planning periods. This Funding shall be provided in accordance with further Funding arrangements to be established between the government of Canada and the government of Nunavut.
   • 5.4 The government of Canada shall provide the amounts identified in Part 1 of Annex B to the EMRPC, the EMRWB and the EMRIRB for the initial ten (10) year planning period and, consistent with section 8.1, for any subsequent planning periods. For this purpose, the government of Canada shall establish Funding arrangements further to the arrangements in this Plan with each of the institutions of public government consistent with paragraph 25.2.1 d) of the Agreement. The Funding arrangements shall specify the manner and timing of payments and may provide for an annual payment or a schedule of payments within any one year. Payments under the Funding arrangements are conditional on the approval of the budgets.
   • 5.5 Consistent with subparagraph 25.2.1 d)(ii) of the Agreement, each institution of public government shall be provided the degree of flexibility within its Funding arrangements to allocate, reallocate and manage funds within its approved budget no less than that generally accorded to comparable agencies of Government. Such arrangements shall be consistent with the Plan and, for greater certainty, shall accommodate the exercise of powers of the Implementation Committee as described in subsection 25.4.3 of the Agreement.
   • 5.6 For greater certainty, authority of a Minister or Minister"s delegate to approve a proposed budget of the EMRPC, the EMRWB and the EMRIRB shall not be exercised so as to reduce the commitments under sections 5.1, 5.4 and 5.5.
   • 5.7 The EMRIRB shall be required to submit budgets for hearings to the Implementation Committee for review. The budgets shall be forwarded to the appropriate Minister or Minister"s delegate by the Implementation Committee with any recommendations of the Committee and are subject to the approval of the Minister or Minister"s delegate.
   • 5.8 The government of Canada shall provide the EMRWB, directly or through a trust set up for that purpose, with a single payment of five million dollars ($5,000,000) on the Effective Date of the Agreement for the establishment of a Wildlife Research Fund to pay for the conduct of research proposed by Government or the GCC(EI) and approved by the EMRWB. The allocation of those funds for that purpose in any fiscal year and any reallocation to another fiscal year for that purpose is at the discretion of the EMRWB.
6. Eeyou Marine Region Land Use Plan
   • 6.1 The government of Canada shall provide the amount identified in Part 2 of Annex B to the EMRPC for Funding expenses related to the development of the Eeyou Marine Region Land Use Plan, which shall include the costs of public hearings and other activities in this regard. The fiscal year(s) in which this Funding shall be provided by the government of Canada shall be determined by the EMRPC and incorporated into the appropriate annual budget submission(s) to be made by the EMRPC pursuant to subsection 8.4.3 of the Agreement.
7. Dispute Resluotion
   • 7.1 Paragraph 25.4.3 d) and Chapter 31 of the Agreement shall apply where a dispute arises between the Parties on any matter concerning the interpretation, application or implementation of the Plan.
8. Implementation Funding for Subsequent Planning Periods
   • 8.1 Without in any way limiting the Funding obligations of Government, at least one year prior to the expiry of this or any subsequent planning period, the Parties shall enter into negotiations for the purpose of determining the amounts of Funding that shall be provided under the Plan to implement the Agreement in the subsequent planning period. Any departure from amounts of Funding provided in the current planning period shall take into account the recommendations of the Implementation Committee pursuant to subsection 25.4.3 of the Agreement, as well as the review of past experience and assessment of future needs.
   • 8.2 If by the end of the initial or any subsequent planning period the Parties are unable to determine the amounts of Funding that shall be provided under the Plan to implement the Agreement in the subsequent planning period, all amounts of ongoing Funding shall be maintained at the same level as in the current planning period for a period of two (2) years, or such other period as the Parties may otherwise agree.
9. Amendment of Plan
   • 9.1 The Plan may be amended only with the written consent of each Party.
   • 9.2 The Parties shall consider whether to amend the Plan as a result of any recommendation from the Implementation Committee following any review conducted pursuant to subsection 25.4.3 of the Agreement.
10. Coming into Force
    • 10.1 The initial period of the Plan will commence on the Effective Date of the Agreement and will end on the tenth anniversary of the Effective Date of the Agreement.

Signatories for the Implementation Plan of the Eeyou Marine Region Land Claim Agreement

Format Notes and Interpretation for the Implementation Plan Activity Sheets

Project:

Amendment of the Agreement following a court ruling that some provisions of the Agreement are invalid

Responsibility:

Grand Council of the Crees – Eeyou Istchee (Crees); Canada; Implementation Committee (Committee)

Obligations Addressed:

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

Related Clauses:

2.17 Consult with the Crees when preparing Legislation to implement amendments to the Agreement.

2.18 Amendments to the Agreement require consent of the Parties

29.3 Provision of Agreement inoperative or ineffective because affecting right of other aboriginal people.

30.9 Provisions of Chapter 30 may not be amended without the written agreement of the Nunavik Inuit.

Planning Assumptions, Guidelines, and Explanations:

1. A copy of any amendments to the Agreement, including any instrument giving effect to an amendment, will be deposited at the appropriate address as determined by the parties.
2. If a proposed amendment involves any provisions of Chapter 30, then the written agreement of the Nunavik Inuit must be obtained (section 30.9).
3. If a proposed amendment involves any provisions concerning Nunavut, then the written agreement of the Nunavut Government must be obtained.

Project:

Preparing Legislation to implement the Agreement or any amendments thereto

Responsibility:

Canada – Department of Indian Affairs and Northern Development (DIAND); Government of Nunavut (GN); Grand Council of the Crees – Eeyou Istchee (Crees)

Participants/Liaison:

Canada – Department of Justice

Obligations Addressed:

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

Related Clauses:

2.6 Amendment to remedy the invalidity or to replace invalid provision

2.18 Amendments to the Agreement require consent of the Parties

32.7 Canada to Consult with Crees on preparation of Legislation to ratify the Agreement

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. If Legislation is enacted to implement amendments to the Agreement it is assumed that the process set out at Activity Sheet # 2-1 or Activity Sheet # 2-3 has already been followed.

Project:

Amendment of the Agreement by the Parties

Responsibility:

Grand Council of the Crees - Eeyou Istchee (Crees); Canada; Implementation Committee (Committee)

Participants/Liaison:

Government of Nunavut

Obligations Addressed:

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).

Related Clauses:

2.6 Amend the Agreement if a provision is found to be invalid by a court of competent jurisdiction.

2.17 Consult with the Crees when preparing Legislation to implement amendments to the Agreement.

30.9 Provisions of Chapter 30 may not be amended without the written agreement of the Nunavik Inuit.

Planning Assumptions, Guidelines, and Explanations:

1. A copy of any amendments to the Agreement, including any instrument giving effect to an amendment, will be deposited at the appropriate address as determined by the parties.
2. If a proposed amendment involves any provisions of Chapter 30, then the written agreement of the Nunavik Inuit must be obtained (section 30.9).
3. If a proposed amendment involves any provisions concerning Nunavut, then the written agreement of the Nunavut Government must be obtained. The Government of Nunavut shall not incur any financial obligations, through any amendment without its written consent.

Project:

Giving notice of a transfer of powers vested in a Minister

Responsibility:

Governor in Council (Canada); Government of Nunavut (GN); Minister whose power is transferred to other Minister (Transferring Minister); Implementation Committee (Committee)

Participants/Liaison:

Grand Council of the Crees - Eeyou Istchee; Department of Indian Affairs and Northern Development

Obligations Addressed:

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.

Related Clauses:

2.20 Nothing shall restrict the authority of Canada to devolve or transfer powers or jurisdiction if Cree rights not affected.

2.21 Designating a person or body to exercise a function of Government where not identified in the Agreement.

Project:

Devolve or transfer powers or jurisdiction by the Government of Canada to another government or to the GCC(EI) or a GDO

Responsibility:

Governor in Council (Canada); Grand Council of the Crees - Eeyou Istchee (Crees); Implementation Committee (Committee)

Participants/Liaison:

Other recipient government (Other Government); GCC(EI) Designated Organization

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Government"

2.19 Any power vested in a Minister of Canada or in a Minister of the Executive Council of Nunavut may be transferred.

2.21 Designating a person or body to exercise a function of Government where not identified in the Agreement.

Planning Assumptions, Guidelines, and Explanations:

1. In principle, under the Agreement, Canada does not require prior written consent of the other Party when devolving or transferring powers or jurisdiction to another government, or to the GCC(EI) or a GDO as long as the devolution or transfer does not abrogate or derogate from any rights of the Crees in the Agreement.
2. This section shall not be interpreted as affecting the fiduciary relationship between the Crown and the Crees.

Project:

Designation of a person or body to exercise a function of Government

Responsibility:

Governor in Council (Canada); Executive Council of the government of Nunavut (GN); Implementation Committee (Committee)

Participants/Liaison:

Grand Council of the Crees - Eeyou Istchee; Department of Indian Affairs and Northern Development

Obligations Addressed:

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.

Related Clauses:

2.19 Any power vested in a Minister of Canada or in a Minister of the Executive Council of Nunavut may be transferred.

2.20 Nothing shall restrict the authority of Canada to devolve/transfer powers or jurisdiction if Cree rights not affected.

Project:

Cree translation of all Government signs and postings in the EMR

Responsibility:

Canada - Department of Fisheries and Oceans (DFO); Environment Canada - Canadian Wildlife Service (CWS); Canada - Parks Canada Agency (PCA); Government of Nunavut - Department of Environment (GN - DOE)

Participants/Liaison:

Grand Council of the Crees - Eeyou Istchee

Obligations Addressed:

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.

Related Clauses:

6.8.1 Appropriate recognition of Cree history and presence as part of establishment and operation of Protected Area or Marine Protected Area.

Planning Assumptions, Guidelines, and Explanations:

1. Government is responsible for the costs of translating into Cree language Government signs and postings in the EMR.

Project:

Periodic Review of Agreement

Responsibility:

Grand Council of the Crees - Eeyou Istchee (Crees); Canada - Department of Indian Affairs and Northern Development (DIAND); Canada - Parks Canada Agency (PCA); Government of Nunavut - Department of Environment (GN - DOE)

Participants/Liaison:

Government of Nunavut

Obligations Addressed:

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 (10th) anniversary of the Effective Date of this Agreement and every tenth (10th) anniversary 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.

2.51 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.

Related Clauses:

2.50 Purpose of the periodic review

2.52 Periodic review and discussions and information without prejudice

2.53 Periodic review process not subject to the Dispute Resolution Processes

2.54 Parties not required to agree to amend the Agreement.

2.56 Each Party to be responsible for own costs

Planning Assumptions, Guidelines, and Explanations:

1. Canada will involve the Nunavut government in all relevant matters.

Project:

Disposition of interests in Cree Lands

Responsibility:

GCC(EI) Designated Organization (GDO); Canada; Government of Nunavut – Registrar (Registrar)

Participants/Liaison:

Nunavik Inuit

Obligations Addressed:

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

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

Related Clauses:

Chapter 1 Definition of "Cree Lands"

Chapter 1 Definition of "Cree/Inuit Offshore Overlap Agreement" or "Consolidated Agreement Relating to the Cree/Inuit Offshore Overlapping Interests Area Between the Crees of Eeyou Istchee and the Nunavik Inuit"

Chapter 1 Definition of "Grand Council of the Crees (Eeyou Istchee) Designated Organization" or "GDO"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.3 Nature of title to Cree Lands

5.4.3 Cree Lands may not be acquired 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

Schedule 5-1 EMR Cree Zone

Schedule 5-2 EMR Joint Zone

Schedule 5-3 Form of Certificate of Title

Planning Assumptions, Guidelines, and Explanations:

1. Nothing prevents the GDO from granting for less than seventy-five (75) years a lease, licence or any other interest less than fee simple (5.4.2). The process to be followed is set out in subsection 5.7.6 and in Activity Sheet # 5 - 4.
2. If the GDO decides to give full authority to another GDO over Cree Lands requiring only a change of title from one GDO to another GDO (5.7.7) then the process to be followed is set out in Activity Sheet # 5 - 5.
3. In relation to Activity 8 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000
   Station 570
   Iqualuit, NU X0A 0H0

Project:

Vesting of title to Cree Lands

Responsibility:

Canada; Canada – Department of Indian Affairs and Northern Development - Nunavut Regional Office (DIAND - NRO); Government of Nunavut – Registrar (Registrar)

Participants/Liaison:

GCC(EI) Designated Organization (Cree Regional Authority)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

Chapter 1 Definition of "Grand Council of the Crees (Eeyou Istchee) Designated Organization" or "GDO"

Chapter 1 Definition of "Makivik Designated Organization(s) or "MDO(s)"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.3 Nature of title to Cree Lands

5.6 Indemnification of Registrar in relation to vesting of title

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

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

Schedule 5-3 Form of Certificate of Title

Planning Assumptions, Guidelines, and Explanations:

1. Recording of the vesting of title and issuing certificates of title is to be done by the Registrar in the ordinary course of operations and without charge to the GDO (5.5.4).
2. 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 the Crees in the EMR, and the Nunavik Inuit in the Cree/Inuit Overlap Area (5.3.3)
3. In relation to Activity 2, the Federal negotiating team will provide an original signed copy of the Agreement as soon as possible after the signing of the Agreement to the following office:
   
   Director
   Indian and Northern Affairs Operations
   Directorate
   969 Qimugjuk Building
   2^nd Floor
   P.O. Box 2000
   Iqaluit, NU X0A 0H0
4. In relation to Activity 2, the notification shall be prepared by the office referred to above and by using the notification template attached to this Activity Sheet.
5. In relation to Activity 2 above, the specified documents shall be sent to the following address in the government of Nunavut:
   
   Registrar – Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000 Station 570
   Iqualuit, NU X0A 0H0
6. A certificate of title (certificate No. 53746) for lands jointly owned by the Crees and the Nunavik Inuit identified in Schedule 5-2 was issued by the Registrar on the effective date of the Nunavik Inuit Land Claims Agreement. A separate and distinct certificate of title, vesting the Cree Regional Authority with the land identified in Schedule 5-2, will be issued for the same lands based on the provisions of Chapter 5 of the Agreement.

Department of Indian Affairs and Northern Development Notification

(Eeyou Marine Region Land Claims Agreement)

To the registrar,

Nunavut Land Registration District

Take notice that the Cree Regional Authority, (the GDO), is the vested owner of an estate in fee simple, including the mines and minerals that may be found to exist within, upon or under such lands, together with the right to work the same, as set out and described in Chapter 5 of the Eeyou Marine Region Land Claims Agreement (the Agreement), an original signed copy of which Agreement was delivered to the Nunavut Land Titles Office on the _____, in the following Eeyou Marine Region (EMR) lands:

Eeyou Marine Region (EMR) Cree Zone

As per the 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" Nlatitude 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:

• A. Grass Island (locally known as Aamishkushiiunikaach) of which the centre is located at approximately 53˚47'50" N latitude and 79˚06'40" W longitude; and
• B. 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).

• C. Bear Island, of which the centre is located at approximately 54˚30' N latitude and 81˚06' W longitude;
• D. Grey Goose Island, of which the centre is located at approximately 53˚54'00" N latitude and 79˚53'24" W longitude;
• E. North Twin Island, of which the centre is located at approximately 53˚18'36" N latitude and 80˚00'00" W longitude;
• F. 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.

And pursuant to subsection 5.5.4 of the Agreement you are requested to issue a certificate of title to the said GDO, subject to any qualifications in the Agreement, as if this notification was letters patent in favour of the GDO.

SIGNED and SEALED by the Director, Operations,
Nunavut Region, as Iqaluit, in the NUNAVUT,
this ______ day of _________________, 200__

Project:

Survey of boundaries of Cree Lands

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO); Makivik Designated Organization (MDO); Government of Nunavut – Registrar (Registrar)

Participants/Liaison:

Canada Department of Indian Affairs and Northern Development – Implementation Management Directorate; Surveyor General

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

Chapter 1 Definition of "Grand Council of the Crees (Eeyou Istchee) Designated Organisation" or "GDO"

Chapter 1 Definition of "Government"

Chapter 1 Definition of "Makivik Designated Organization(s) or "MDO(s)"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.3 Nature of title to Cree Lands

5.7.8 Natural boundary of Cree Lands found to be unclear

5.7.9 Natural boundaries of Cree Lands along tidal waters located at high water mark

5.7.10 Natural boundaries of Cree Lands move with natural processes of erosion and accretion

Funding:

1. Government shall be responsible for the cost of each legal survey that is conducted pursuant to section 5.7.1 (5.7.2).

Planning Assumptions, Guidelines, and Explanations:

1. "Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a Person authorized by the Minister of Natural Resources Canada to carry out any or all of the duties of the Suveyor General. (5.1.1 – Definitions)
2. The fact that Government is responsible for the cost of legal surveys does 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. (5.7.2)
3. In relation to Activity 5 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000 Station 570
   Iqualuit, NU X0A 0H0

Project:

Parceling out of one or more areas of Cree Lands

Responsibility:

GCC(EI) Designated Organization (GDO); Government of Nunavut Registrar (Registrar)

Participants/Liaison:

Party being granted interest in parcel of Cree Lands (if applicable)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

5.1 Definitions related to Cree Lands

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.

Schedule 5-3 Form of Certificate of Title

Planning Assumptions, Guidelines, and Explanations:

1. Any grant by the GDO of leases, licences or any other interest less than fee simple title in or over Cree Lands or any portion or parcel of Cree Lands under Activity 1 must be for a term of 75-year duration or less. (5.4.2)
2. Government not responsible for the costs of surveys associated with the leasing or subdivision of Cree Lands. (5.7.5)
3. Recording of the parcels or areas of Cree Lands and issuing separate certificates of title to the GDO is to be done by the Registrar in the ordinary course of operations and without charge to the GDO. (5.7.6)
4. In relation to Activity 2 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000 Station 570
   Iqualuit, NU X0A 0H0

Project:

Change of title to Cree Lands from one GDO to another GDO

Responsibility:

GCC(EI) Designated Organization (GDO); Government of Nunavut Registrar (Registrar)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

Chapter 1 Definition of "Grand Council of the Crees (Eeyou Istchee) Designated Organisation" or "GDO"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.3 Nature of title to Cree Lands

Schedule 5-3 Form of Certificate of Title

Planning Assumptions, Guidelines, and Explanations:

1. Recording of the change in title and issuing the new certificate of title in the name of the other GDO is to be done by the Registrar in the ordinary course of operations and without charge to the GDO (5.7.7).
2. In relation to Activity 2 above, the required notification should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000 Station 570
   Iqualuit, NU X0A 0H0

Project:

Clean-up of Contaminated Sites on Cree Lands

Responsibility:

Canada – Department of Indian Affairs and Northern Development Northern Affairs Organization (DIAND – NAO)

Participants/Liaison:

Canada – Department of Indian Affairs and Northern Development - Implementation Management Directorate; Grand Council of the Crees – Eeyou Istchee

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.8.2 Amend list of Contaminated Sites at Schedule 5-5 by the Parties

5.8.3 Amend list of Contaminated Sites at Schedule 5-5 in accordance with dispute resolution process

5.8.5 No compensation for damages which may be caused by clean-up

5.8.6 Government not liable for damages from Contaminated Sites

Schedule 5 - 5 Contaminated Sites on Cree Lands

8.9.1 Identify and prioritize requirement to clean up waste sites in the EMR

Chapter 31 Dispute Resolution Process

Funding:

1. Government shall be responsible for the costs associated with any clean-up under section 5.8.1 on Cree Lands (5.8.4).

Planning Assumptions, Guidelines, and Explanations:

1. The Government may recover from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under section 5.8.1 (5.8.4).
2. 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 section 5.8.1 (5.8.5).

Project:

Identification of Contaminated Sites on Cree Lands

Responsibility:

Grand Council of the Crees – Eeyou Istchee (Crees); Canada

Participants/Liaison:

Canada – Department of Indian Affairs and Northern Development Northern Affairs Organization; Canada – Department of Indian Affairs and Northern Development – Implementation Management Directorate

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

5.8.1 Program respecting the clean-up of Contaminated Sites on Crown Lands in the EMR

Schedule 5 - 5 Contaminated Sites on Cree Lands

Chapter 31 Dispute Resolution Processes

Planning Assumptions, Guidelines, and Explanations:

1. If any Contaminated Sites on Cree Lands are believed to have existed on the Effective Date of the Agreement and are included in Schedule 5 - 5 as a result of 5.8.2 or 5.8.3, they shall be included by Government as part of the program under 5.8.1 as described at Activity Sheet # 5 – 6.
2. In trying to reach agreement under Activity 3, the Parties may wish to consider using the mediation process set out in Chapter 31, Part A.

Project:

Transfer cleaned-up sites to Crees as Cree Lands

Responsibility:

Grand Council of the Crees Designated Organization (GDO); Department of Indian Affairs and Northern Development (DIAND); Government of Nunavut – Registrar (Registrar)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Cree Lands"

5.1 Definitions related to Cree Lands

5.2 Description of Cree Lands

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

Planning Assumptions, Guidelines, and Explanations:

1. Recording of the title and issuing certificates of title is to be done by the Registrar in the ordinary course of operations and without charge to the Crees (5.5.4).
2. In relation to Activity 5 above, the specified documents should be sent to the following address in the Government of Nunavut:
   
   Registrar - Land Titles
   Dept. of Justice
   Government of Nunavut
   Nunavut Legal Registries
   1^st floor Brown Building
   P.O. Box 1000 Station 570
   Iqualuit, NU X0A 0H0

Project:

Establishment of joint Cree/Government management advisory committee for Twin Islands Wildlife Sanctuary

Responsibility:

Grand Council of the Crees – Eeyou Istchee (GCC(EI)); GCC(EI) Designated Organization (GDO);Government of Nunavut – Department of the Environment (GN - DOE); Cree/Government management advisory committee (Committee)

Participants/Liaison:

Canada – Department of Indian Affairs and Northern Development; Eeyou Marine Region Wildlife Board

Obligations Addressed:

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.

6.3.2 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.

6.3.6 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.

6.4.1 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.

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

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.

Related Clauses:

Chapter 1 Definition of "Protected Area"

Chapter 1 Definition of "Protected Area Impact and Benefit Agreement" or "PAIBA"

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

6.3.1 GDO to be Consulted in the planning and management of Protected Areas

6.3.5 Committee makes recommendations on management plans for Protected Areas

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

Funding:

1. The Government shall pay the approved annual operating expenses of the Committee if and when it is established.
2. Any Funding for the management plan and any PAIBA will be negotiated during the negotiations pursuant to the Activities described above, unless the planning is overtaken by the establishment of a larger protected area (e.g. Paakumshumwaau - Wemindji National Marine Conservation Area), in which case the latter may encompass these activities.
3. As the Twin Islands Wildlife Sanctuary is already an existing Protected Area, it is expected that Funding for many of the activities which may be contemplated pursuant to a PAIBA will be in place, or can be anticipated to be funded through programs and policies already in place, or which may be in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. If the proposed Paakumshumwaau – Wemindji protected area Project results in the establishment of a National Marine Conservation Area (NMCA), encompassing the current Twin Islands Wildlife Sanctuary, then the planning and management activities in relation to the NMCA may replace those activities proposed here for the Twin Islands Wildlife Sanctuary.

Project:

Approval of GDO on National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks on Cree Lands

Responsibility:

Canada – Parks Canada Agency (PCA); Government of Nunavut Department of Environment (GN - DOE); GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "National Marine Conservation Area"; "National Marine Conservation Area Reserve", "National Park", "Territorial Parks"

Chapter 1 Definition of "Protected Area"

6.1.1 No Protected Area or Marine Protected Area may include Cree Lands without the consent of the GDO

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

6.2.4 Approval of EMRWB required for establishment, disestablishment or changing of the boundaries of Protected Areas other than National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks

6.2.7 In case of emergency Government may establish, disestablish or change the boundaries of a Protected Area without Consulting a GDO

6.3 Planning and Management of Protected Areas

6.4 Protected Area Impact and Benefit Agreements (PAIBA)

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Protected Areas except for National Parks, National Park Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves and Territorial Parks.

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. Protected Areas are normally established after Protected Area Impact and Benefit Agreements have been negotiated between Government and a GDO (6.4.1).

Project:

Approval of GDO and EMRWB on Protected Area other than National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks on Cree Lands

Responsibility:

Environment Canada Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN - DOE); GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "National Marine Conservation Area"; "National Marine Conservation Area Reserve", "National Park", "Territorial Parks"

Chapter 1 Definition of "Protected Area"

6.1.1 No Protected Area or Marine Protected Area may include Cree Lands without consent of the GDO

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

6.2.6 Consult GDO prior to 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

6.2.7 In case of emergency, Government may establish, disestablish or change the boundaries of a Protected Area without Consulting a GDO

6.3 Planning and Management of Protected Areas

6.4 Protected Area Impact and Benefit Agreements (PAIBA)

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Protected Areas except for National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. Protected Areas are normally established after Protected Area Impact and Benefit Agreements have been negotiated between Government and a GDO (6.4.1).

Project:

Consult GDO on National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks outside Cree Lands

Responsibility:

Canada – Parks Canada Agency (PCA); Government of Nunavut Department of Environment (GN - DOE); GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "National Marine Conservation Area"; "National Marine Conservation Area Reserve", "National Park", "Territorial Parks"

Chapter 1 Definition of "Protected Area"

6.1.1 No Protected Area or Marine Protected Area may include Cree Lands without consent of the GDO

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

6.2.4 Approval of EMRWB required for establishment, disestablishment or changing of the boundaries of Protected Areas other than National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks

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

6.2.7 In case of emergency, Government may establish, disestablish or change the boundaries of a Protected Area without Consulting a GDO.

6.3 Planning and Management of Protected Areas

6.4 Protected Area Impact and Benefit Agreements (PAIBAs)

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Protected Areas except for National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks.

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. Protected Areas are normally established after Protected Area Impact and Benefit Agreements have been negotiated between Government and a GDO (6.4.1).

Project:

Approval by EMRWB for Protected Area other than National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks outside Cree Lands

Responsibility:

Canada – Parks Canada Agency (PCA); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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).

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "National Marine Conservation Area"; "National Marine Conservation Area Reserve", "National Park", "Territorial Parks"

Chapter 1 Definition of "Protected Area"

6.1.1 No Protected Area or Marine Protected Area may include Cree Lands without the consent of the GDO

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

6.2.5 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 Consult GDO prior to 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

6.2.7 In case of emergency, Government may establish, disestablish or change the boundaries of a Protected Area without Consulting a GDO

6.3 Planning and Management of Protected Areas

6.4 Protected Area Impact and Benefit Agreements (PAIBAs)

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Protected Areas except for National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks.

Planning Assumptions, Guidelines, and Explanations:

1. Protected Areas are normally established after Protected Area Impact and Benefit Agreements have been negotiated between Government and a GDO (6.4.1).

Project:

Establishment, disestablishment or changing of the boundaries of a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve or a Territorial Park outside of Cree Lands, in the case of emergency

Responsibility:

Canada – Parks Canada Agency (PCA); Government of Nunavut Department of Environment (GN - DOE)

Participants/Liaison:

GCC(EI) Designated Organization (GDO)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "National Marine Conservation Area"; "National Marine Conservation Area Reserve", "National Park", "Territorial Parks"

Chapter 1 Definition of "Protected Area"

6.1.1 No Protected Area or Marine Protected Area may include Cree Lands without consent of the GDO

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

6.2.4 Approval of EMRWB required for establishment, disestablishment or changing of the boundaries of Protected Areas other than National Parks, National Park Reserves, National Marine Conservation Areas, National Marine Conservation Area Reserves and Territorial Parks

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 Consult GDO prior to 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

6.3 Planning and Management of Protected Areas

6.4.5 In cases of emergency, Protected Area Impact Benefit Agreement to be concluded immediately following, rather than prior to, the establishment of the Protected Area

6.8.1 Recognition of Cree history and presence

15.2.3 Decisions restricting or limiting Cree Harvesting in Protected Areas to take into account the special purposes and policies relating to Protected Areas

Planning Assumptions, Guidelines, and Explanations:

1. Canada and GN will inform each other should they decide to initiate action with respect to a Protected Area in case of an emergency.
2. In the case where a Protected Area is established as a result of an emergency, a Protected Area Impact Benefit Agreement may be concluded immediately following, rather than prior to, the establishment of the Protected Area. (6.4.5)
3. In the case of an emergency, it is assumed that Government and GDO will inform their members sitting on the EMRWB of the initiative to establish, disestablish or change the boundaries of the Protected Area.

Project:

Consult a GDO in the planning and management of Protected Areas

Responsibility:

Canada – Parks Canada Agency (PCA); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); GCC(EI) Designated Organization (GDO)

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "Protected Area"

6.3.2 Establishment of management advisory committee

6.3.4 Committee advising on all matters related to management of Protected Areas

6.3.5 Development of management plans for a Protected Area

Schedule 6 - 1 Matters for possible inclusion in Protected Area Impact and Benefit Agreement

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. Protected Area Impact and Benefit Agreements concluded as a result of the establishment of a Protected Area may also contain provisions concerning the consultation of a GDO in the planning and management of Protected Areas. (6.4.1 and 6.4.2)

Project:

Establishment and operation of a joint Cree/Government management advisory committee for each Protected Area

Responsibility:

Canada – Parks Canada Agency (PCA); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); GCC(EI) Designated Organization (GDO); Minister – Parks Canada Agency (PCA – Minister); Minister – Canadian Wildlife Service (CWS – Minister); Minister of Environment – Government of Nunavut (GN - DOE – Minister); Cree/Government management advisory committee (Committee)

Participants/Liaison:

Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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.

6.3.6 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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "Protected Area"

Chapter 1 Definition of "Protected Area Impact and Benefit Agreement" or "PAIBA"

6.1.2 Special provisions relating to Cree Lands located in the Twin Islands Wildlife Sanctuary

6.3.1 GDO to be Consulted in the planning and management of Protected Areas

6.3.5 Committee makes recommendations on management plans for Protected Areas

6.4 Protected Area Impact and Benefit Agreements (PAIBAs)

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

15.2.3 Decisions restricting or limiting Cree Harvesting in Protected Areas to take into account the special purposes and policies relating to Protected Areas

Funding:

1. The Government shall pay the approved annual operating expenses of the Committee if and when it is established.

Planning Assumptions, Guidelines, and Explanations:

1. A management advisory committee would only be established for a Protected Area when requested either by Government or a GDO during the negotiation of a Protected Area Impact and Benefit Agreement (PAIBA).
2. At the time the PAIBA is negotiated, it is assumed that an estimate of Funding levels will be included for the operation of the management advisory Committee if established.
3. Protected Areas are to be established after PAIBAs have been negotiated between Government and a GDO (6.4.1).

Project:

Development of management plans for a Protected Area

Responsibility:

Canada – Parks Canada Agency (PCA); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); Cree/Government management advisory committee (Committee); Minister Parks Canada Agency (PCA – Minister); Minister – Canadian Wildlife Service (CWS – Minister); Minister of Environment – Government of Nunavut (GN - DOE Minister)

Participants/Liaison:

Grand Council of the Cress – Eeyou Istchee or GCC(EI) Designated Organization (GDO); Other interested Persons

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "Protected Area"

6.2 Establishment of Protected Areas

6.3.1 Involvement of Crees and consultation with GDO

6.3.2 Establishment of management advisory committee

6.3.4 Committee advising on all matters related to management of Protected Areas

6.6.1 Crees retain right of entry to Protected Areas at no cost

Schedule 6 - 1 Matters for possible inclusion in Protected Area Impact and Benefit Agreement

15.2.3 Decisions restricting or limiting Cree Harvesting in Protected Areas to take into account the special purposes and policies relating to Protected Areas

Planning Assumptions, Guidelines, and Explanations:

1. The procedures for the ongoing review and revision of management plans for Protected Areas will be set out in the management plan and will be initiated by Government. (6.3.5)
2. Protected Areas are to be established after the Protected Area Impact and Benefit Agreements have been negotiated between Government and a GDO (6.4.1).
3. If a joint Cree/Government management advisory committee has not been established as per Activity Sheet # 6-8, it is expected that Government will assume the responsibilities for Activities that would otherwise be assumed by the Committee.

Project:

Negotiation of Protected Area Impact and Benefit Agreements (PAIBAs) for a Protected Area

Responsibility:

Canada – Parks Canada Agency (PCA); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); GCC(EI) Designated Organization (GDO); Conciliator; Minister – Parks Canada Agency (PCA – Minister); Minister – Canadian Wildlife Service (CWS Minister); Minister of Environment – Government of Nunavut (GN - DOE Minister)

Obligations Addressed:

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.

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

Related Clauses:

Chapter 1 Definition of "Protected Area"

6.1.3 Remuneration and expenses from conciliator

6.3.1 Involvement of Crees and Consultation with GDO

6.3.2 Joint Cree/Government management advisory committees to be established through an Impact and Benefit Agreement for a Protected Area

6.4.4 a) Obligation to conclude a PAIBA shall not apply to a Protected Area where no detrimental impact or benefit on Cree

6.4.4 b) Obligation to conclude a PAIBA shall apply where Protected Area re-established for different purpose and re-establishment has detrimental impact or benefit on Cree

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

11.15.4 Location of Traditional Camps may be determined as provided by the PAIBA

Funding

1. Funding for these activities may be provided through programs and policies in place from time to time.
2. The remuneration and expenses incurred by a conciliator appointed pursuant to 6.4.3 shall be assumed by Canada. (6.1.3)

Planning Assumptions, Guidelines, and Explanations:

1. 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. (6.4.5)
2. Except for the remuneration and expenses incurred by a conciliator appointed pursuant to 6.4.3, the costs related to the negotiation of a Protected Area Impact and Benefit Agreement shall be borne by the parties.

Project:

Planning and management of Marine Protected Areas

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Grand Council of the Crees – Eeyou Istchee (Crees) or GCC(EI) Designated Organization (GDO)

Participants/Liaison:

Government of Nunavut - Department of Environment

Obligations Addressed:

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

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.

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Related Clauses:

Chapter 1 Definition of "Marine Protected Area"

6.1.1 Protected Areas or Marine Protected Areas may not include Cree Lands without consent of the GDO

6.5.5 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 Requirement for a management plan and a Marine Protected Area Agreement.

6.5.7 A Marine Protected Area cannot be established without the agreement of the government of Canada and of the EMRWB.

6.5.11 Establishment of Marine Protected Areas in case of emergency

6.6.1 Crees retain right of entry to Marine Protected Areas at no cost

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Marine Protected Areas

Planning Assumptions, Guidelines, and Explanations:

1. In cases of emergency, the government of Canada may create a Marine Protected Area without following the process set out in section 6.5. See Activity Sheet # 6-15.
2. Project Proposals within Marine Protected Areas are subject to development impact assessments (6.5.4).

Project:

Establishment, disestablishment or changing of the boundaries of a Marine Protected Area

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Grand Council of the Crees – Eeyou Istchee (Crees); GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB)

Participants/Liaison:

Government of Nunavut – Department of Environment

Obligations Addressed:

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).

6.5.7 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.

6.8.1 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.

Related Clauses:

Chapter 1 Definition of "Marine Protected Area"

6.5.1 Involving Crees in the planning and management of Marine Protected Areas

6.5.2 Establishment of Marine Protected Areas and amendment of boundaries to be in conformity with applicable land use plans

6.5.3 Once Marine Protected Areas are established, land use plans do not apply within boundaries

6.5.4 Development impact assessment apply within Marine Protected Areas

6.5.6 Requirement for a management plan and a Marine Protected Area agreement

6.5.11 Establishment of Marine Protected Areas in case of emergency

13.2.2 a) EMRWB approval required for the establishment, disestablishment, and changes to boundaries of Marine Protected Areas.

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations:

1. In cases of emergency, the government of Canada may create a Marine Protected Area without following the process set out in section 6.5. (6.5.11)
2. Except as provided in section 6.5, Marine Protected Areas are established after a management plan has been developed and a Marine Protected Area agreement has been concluded. (6.5.6)

Project:

Development of management plans for a Marine Protected Area

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Eeyou Marine Region Wildlife Board (EMRWB); Court of competent jurisdiction; Conciliator; Minister – Department of Fisheries and Oceans (Minister – DFO); GCC(EI) Designated Organization (GDO)

Participants/Liaison:

Government of Nunavut – Department of Environment

Obligations Addressed:

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
   
   […]

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.

Related Clauses:

Chapter 1 Definition of "Marine Protected Area"

6.5.1 Involving Crees in the planning and management of Marine Protected Areas

6.5.4 Development impact assessment apply within Marine Protected Areas

6.6.1 Crees retain right of entry to Marine Protected Areas at no cost

6.8.1 Recognition of Cree history and presence

Funding

1. The remuneration and expenses incurred by a conciliator appointed pursuant to 6.5.8 shall be assumed by Canada. (6.1.3)

Planning Assumptions, Guidelines, and Explanations:

1. With regard to developing the contents of the management plan, as per Activity 3, it is assumed that the Crees would be involved as per subsection 6.5.1 and Activity Sheet # 6 - 11.
2. The ability for the GDO to submit a separate report to the Minister pursuant to conciliation (subsection 6.5.8) is contingent on their effective involvement in the development of the contents of the management plan and any conciliation process that might be initiated.

Project:

Negotiation of a Marine Protected Area agreement

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Eeyou Marine Region Wildlife Board (EMRWB); GCC(EI) Designated Organization (GDO); Federal Court of Canada; Conciliator; Minister – Department of Fisheries and Oceans (Minister – DFO)

Participants/Liaison:

Government of Nunavut – Department of Environment

Obligations Addressed:

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:

[…]

b) a Marine Protected Area agreement.

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.

Related Clauses:

6.5.10 Failure to achieve a Marine Protected Area agreement shall not preclude establishment of Marine Protected Area

Schedule 6 - 2 Matters for possible inclusion in the Marine Protected Area Agreement in relation to Marine Protected Areas

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.
2. Remuneration and expenses incurred by the conciliator pursuant to 6.5.9 shall be assumed by Canada. (6.1.3)

Project:

Establishment of Marine Protected Area in cases of emergency

Responsibility:

Canada – Department of Fisheries and Oceans (DFO)

Participants/Liaison:

Eeyou Marine Region Wildlife Board; Grand Council of the Crees Eeyou Istchee; Government of Nunavut – Department of Environment

Obligations Addressed:

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.

Related Clauses:

6.5.1 Involvement of Crees in the planning and management of Marine Protected Areas

6.8.1 Recognition of Cree history and presence

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations

1. Where a Marine Protected Area is created by Government in the case of an emergency, it is assumed that a management plan for the Marine Protected Area, as specified under 6.5.6 a) (see Activity Sheet # 6 - 13), and a Marine Protected Area agreement, as specified under 6.5.6 b) (see Activity Sheet # 6 -14), may be concluded immediately following, rather than prior to, the establishment of the Marine Protected Area.
2. In the case of an emergency, it is assumed that the EMRWB will inform the GCC(EI) and the government of Nunavut of the initiative to establish the Marine Protected Area.

Project:

Cree translation of publications about Protected Areas and Marine Protected Areas

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Environment Canada Canadian Wildlife Service (CWS); Canada – Parks Canada Agency (PCA); Government of Nunavut – Department of Environment (GN-DOE)

Participants/Liaison:

Eeyou Marine Region Wildlife Board; Grand Council of the Crees Eeyou Istchee

Obligations Addressed:

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.

6.8.1 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.

Related Clauses:

6.1 General Provisions

6.2 Establishment of Protected Areas

6.3 Planning and Management of Protected Areas

6.5 Marine Protected Areas

6.6.1 Cree right of entry to Protected Areas and Marine Protected Areas at no cost

Planning Assumptions, Guidelines, and Explanations:

1. Government is responsible for the costs of translating the publications related to Protected Areas and Marine Protected Areas in the EMR into Cree language
2. Translations into Cree of publications referred to in 6.7.1 are those related specifically to Protected Areas and Marine Protected Areas in the EMR.

Project:

Provision of consent to persons other than Crees for access to Cree Lands

Responsibility:

GCC(EI) Designated Organization (GDO); person requiring access to Cree Lands for research purposes (Researcher)

Obligations Addressed:

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.

7.2.4 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.

Related Clauses

7.1.2 Crees access to Cree Lands

7.2 Public Access to Cree Lands

7.3.6 Government access to Cree Lands for Wildlife management and research

Planning, Assumptions, Guidelines, and Explanations:

1. Consent is not required for Crees to enter, cross or remain on Cree Lands year-round except where a grant pursuant to subsection 5.4.2 provides otherwise. (7.1.2)
2. Enforcement will be pursuant to general laws of trespass.

Project:

Agreement on the removal of the right to access and cross Cree Lands

Responsibility:

GCC(EI) Designated Organization (GDO); Canada – Department of Indian Affairs and Northern Development (DIAND); Government of Nunavut Department of Environment (GN - DOE)

Obligations Addressed:

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.

Related Clauses:

7.1.1 GDO consent to non-Crees to enter, cross or remain on Cree Lands

7.2.1 Public right to enter and remain on Cree Lands in case of emergency

7.2.2 No interference with Cree Harvesting activities and no establishment of camps or structures other than temporarily

7.2.4 Right of access for Persons conducting research

7.2.5 Rights of public access subject to conditions

7.2.6 Liability and failure to comply with conditions for rights of access under section 7.2

7.2.7 Right to enter Cree Lands for campaigning purposes

7.2.8 Right of access and payment of fee

Planning, Assumptions, Guidelines, and Explanations:

1. Consent is not required for Crees to enter, cross or remain on Cree Lands year-round except where a grant pursuant to subsection 5.4.2 provides otherwise. (7.1.2)
2. Enforcement will be pursuant to general laws of trespass.

Project:

Continuing use or occupancy of Cree lands for Government purposes

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO)

Participants/Liaison:

Department of National Defence; Peace Officers

Obligations Addressed:

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.

Related Clauses:

7.2.5 Conditions for rights of access to Cree Lands

7.2.6 Liability for damages to Lands

7.2.8 Rights of access not subject to payment of any fee, or term or condition

7.3.1 General right of Government access to Cree Lands for legitimate Government purposes

7.3.3 Government liable for damages caused to the Lands by anyone exercising rights pursuant to subsections 7.3.1 and 7.3.11

7.3.5 Terms and conditions required for exercising Government access

7.3.11 Maintain and establish navigational aids by Canada

Planning Assumptions, Guidelines, and Explanations:

1. The GDO may not require Government to obtain an interest in the Land where agents, employees and contractors of Government need access to Cree Lands for less than eighteen (18) months for legitimate Government purposes.
2. The GDO may not require Government to obtain an interest in the Land where agents, employees and contractors of Government need access to Cree Lands for more than eighteen (18) months for the purpose of Wildlife management and research or for the establishment of navigational aids pursuant to subsection 7.3.11.
3. Persons exercising access rights under Chapter 7 shall acquire appropriate authorizations where required, including those relating to development impact assessment, prior to the exercise of those rights. (7.6.1)
4. If it is desired by the parties that the interest in the Land to be acquired by Government under 7.3.2 should be registered, the process to be followed is shown in Activity Sheet # 5 - 4.
5. If GDO and Government fail to reach an agreement under Activity 3 the matter may be referred to dispute resolution processes under Chapter 31.

Project:

Agreement on access to Cree Lands in cases where more than insignificant damage may be caused

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO); Arbitrators

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Arbitration"

Chapter 1 Definition of "Arbitrators"

7.3.1 Access for Government employees, members of the Canadian Forces and peace officers

7.3.2 Continuing use or occupancy of Cree Lands

7.3.3 Government liability for damages caused to Lands

7.3.5 Terms and conditions for Government access under 7.3.4

7.3.6 Access for Wildlife management and research requires approval of the EMRWB

7.3.8 Access to Cree Lands for military manoeuvres

7.3.12 Government access not subject to payment of fees

Chapter 31 Dispute Resolution Processes

Planning Assumptions, Guidelines, and Explanations

1. The activities of peace officers, federal investigators and law enforcement officers carrying out duties under the law of Canada are not subject to this requirement.
2. Persons exercising access rights under Chapter 7 shall acquire appropriate authorizations where required, including those relating to development impact assessment, prior to the exercise of those rights. (7.6.1)
3. In trying to reach agreement under Activity 3, the parties may wish to consider using the mediation process set out in Chapter 31, Part A.

Project:

Access to Cree Lands for Wildlife management and research

Responsibility:

Canada; Government of Nunavut (GN); Eeyou Marine Region Wildlife Board (EMRWB); GCC(EI) Designated Organization (GDO); Cree Trappers' Association (CTA)

Obligations 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.

Related Clauses:

7.2.4 Access to Cree Lands for research other than for Wildlife management and research

7.2.5 Conditions for rights of access to Cree Lands

7.3.1 General right of access for Government agents, employees and contractors and members of the Canadian Forces and peace officers

7.3.2 Continuing use or occupancy of Cree Lands

7.3.3 Government liable for damages caused to Lands

7.3.4 Terms and conditions for exercising Government access

7.3.5 Terms and conditions for Government access under 7.3.4

7.3.12 Government access not subject to payment of fees

Project:

Arbitration in the event of damage to Cree Lands

Responsibility:

GCC(EI) Designated Organization (GDO); Canada; Government of Nunavut (GN); Arbitrators

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Arbitration"

Chapter 1 Definition of "Arbitrators"

7.2.5 Conditions for rights of access to Cree Lands

7.3.1 Access for Government agents, employees and contractors and members of the Canadian Forces and peace officers

7.3.3 Government liability for damages caused to Lands

7.3.4 Terms and conditions for exercising Government access

7.3.5 Terms and conditions for Government access under 7.3.4

7.3.11 Maintain and establish navigational aids by Canada

Chapter 31 Dispute Resolution Processes

Planning Assumptions, Guidelines, and Explanations:

1. In trying to reach agreement under Activity 3, the parties may wish to consider using the mediation process set out in Chapter 31, Part A.

Project:

Access to Cree Lands by the Canadian Forces

Responsibility:

Canada – Department of National Defence (DND); Canada – Minister of National Defence (Minister – DND); GCC(EI) Designated Organization (GDO)

Obligations Addressed:

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.

Related Clauses

7.2.5 Conditions for rights of access to Cree Lands

7.3.1 Rights of access for agents, employees and contractors of Government and members of the Canadian Forces and peace officers

7.3.2 Continuing use or occupancy of Cree Lands

7.3.3 Government liability for damages caused to Lands

7.3.8 No greater right to conduct military manoeuvres on Cree Lands

Planning, Assumptions, Guidelines, and Explanations:

1. The Department of National Defence (DND) 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. (7.3.8)
2. Manoeuvres can only occur after negotiation and conclusion of an agreement with the GDO (7.3.10)
3. The National Defence Act section 257 states:
   1. For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as "manoeuvres", over and on such parts of Canada and during such periods as are specified.
   2. Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.
   3. Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

Project:

Use of Cree Lands for navigational aids

Responsibility:

Canada – Department of Fisheries and Oceans – Canadian Coast Guard (CCG); GCC(EI) Designated Organization (GDO); Arbitrators

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Arbitration"

Chapter 1 Definition of "Arbitrator"

7.2.5 Conditions for rights of access to Cree Lands

7.3.1 Rights of access for agents, employees and contractors of Government and members of the Canadian Forces and peace officers

7.3.2 Continuing use or occupancy of Cree Lands

7.3.3 Government liability for damages caused to Lands

7.3.4 Terms and conditions for exercising Government access

7.3.5 Terms and conditions for Government access under 7.3.4

7.3.7 Damages to Cree Lands

7.3.12 Right of access not subject to the payment of any fee

Chapter 31 Dispute Resolution Process

Planning Assumptions, Guidelines, and Explanations

1. Persons exercising access rights under Chapter 7 shall acquire appropriate authorizations where required, including those relating to development impact assessment, prior to the exercise of those rights. (7.6.1)
2. It is assumed that if damages result from access to Cree Lands for purposes of navigational aids pursuant to subsection 7.3.11, Government and the GDO will agree on compensation for damages as per subsection 7.3.7.

Project:

Expropriation of Cree Lands

Responsibility:

Federal or Territorial expropriating authority (Expropriating Authority); GCC(EI) Designated Organization (GDO); Mediator; Arbitrators; Arbitration committee under the National Energy Board Act (Arbitration Committee); Governor in Council

Participants/Liaison:

Government of Nunavut – Registrar (Registrar)

Obligations Addressed:

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.

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

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.

7.4.8 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.

Related Clauses:

5.4.1 Cree Lands not to be conveyed, transferred or otherwise disposed of by GDO

7.4.2 Government of Nunavut has no more extensive powers of expropriation than Provinces

7.4.4 Minimum procedures for expropriation Legislation after the Effective Date of the Agreement

7.4.6 Re-acquisition of previously expropriated Lands

Chapter 31 Dispute Resolution Processes

Planning Assumptions, Guidelines, and Explanations

1. Prior to initiating expropriation, the Parties may consider the disposition of interest in Cree Lands by way of consensual agreement (refer to Activity Sheet # 5 - 1).
2. Cree Lands may only be expropriated for a public work or for a public purpose (7.4.1)
3. Any expropriation Legislation coming into force after the Effective Date of the Agreement shall, insofar as it applies to Cree Lands, provide for minimum procedures as specified in subsection 7.4.4.
4. Where the expropriating authority acquires an estate in fee simple, those Lands shall no longer be Cree Lands. Lands acquired as compensation for expropriation shall be Cree Lands. (7.4.6)
5. The GDO is not required to take compensation in the form of replacement Lands. (7.4.7)
6. For expropriation under the National Energy Board Act, the final determination of any compensation payable shall be determined by an arbitration committee appointed under the Act that shall include at least one 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 (7.4.8)
7. In determining the amount of compensation payable to the GDO, the Arbitrators or the 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 Lands;
   8. the peculiar and special value of the Land to Crees;
   9. the effect on rights and benefits otherwise provided to Crees by the 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. (7.4.9)
8. 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 the Agreement or an interest therein has already been and remains expropriated. (7.4.10)
9. 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. (7.4.11).
10. It is assumed that each order of the Governor in Council approving a specific expropriation, will provide for the re-acquisition of the Lands as Cree Lands in the event that the Lands, which are to be expropriated, are no longer required for the purposes for which they are being expropriated. (7.4.6)
11. Persons exercising access rights under Chapter 7 shall acquire appropriate authorizations where required, including those relating to development impact assessment, prior to the exercise of those rights. (7.6.1)
12. It is assumed that, if Land is given to the Crees as compensation, the Registrar shall be notified, the Cree title shall be recorded and a certificate of title issued.

Project:

Re-acquisition of expropriated Cree Lands

Responsibility:

Federal or Territorial expropriating authority (Expropriating Authority); GCC(EI) Designated Organization (GDO); Mediator; Arbitrators; Arbitration committee under the National Energy Board Act (Arbitration Committee)

Participants/Liaison:

Government of Nunavut – Registrar (Registrar)

Obligations Addressed:

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).

Related Clauses:

Chapter 1 Definition of "Arbitration"

Chapter 1 Definition of "Arbitrators"

7.4.1 Expropriation for a public work or for a public purpose

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

7.4.5 Compensation in the event of expropriation of Cree Lands

7.4.8 If unable to agree on price for re-acquisition of Cree Lands, matter to be determined by Arbitration

7.4.9 Elements to guide determination of the amount of compensation

Chapter 31 Dispute Resolution Processes

Planning Assumptions, Guideline, and Explanations

1. The re-acquisition of Cree Lands as described in this Activity Sheet would only occur after the earlier expropriation of such Lands by any Person or authorized representative of any Person, who has power of expropriation under federal or territorial Legislation, who exercised that power of expropriation in accordance with Laws of General Application as qualified by the Agreement as described in Activity Sheet # 7 - 9.
2. It is assumed that each order of the Governor in Council approving a specific expropriation, (7.4.3) will provide for the re-acquisition of the Lands as Cree Lands in the event that the Lands, which are to be expropriated, are no longer required for the purposes for which they are being expropriated. (7.4.6)
3. It is assumed that, once the expropriated lands have been re-acquired by the Crees as Cree Lands, the Registrar shall be notified, the Cree title shall be recorded and a certificate of title issued.

Project:

Access to sand and gravel on Cree Lands

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO); arbitrators

Obligations Addressed:

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.

Related Clauses

Chapter 1 Definition of "Arbitration"

Chapter 1 Definition of "Arbitrators"

7.4.9 Determining compensation payable

Chapter 31 Dispute Resolution Processes

Planning, Assumptions, Guidelines, and Explanations:

1. If Government and the GDO fail to reach agreement permitting Government to access sand and gravel and other like construction materials for public purposes, the Arbitrators shall determine the terms and conditions for access and compensation for access. (7.5.4)
2. The calculation of compensation for access shall not take into account any amount mentioned in subsection 7.5.3, or the payment of any entry fee required by Legislation (7.5.4)
3. Compensation for access shall be determined 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 the 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.
4. Persons exercising access rights under Chapter 7 shall acquire appropriate authorizations where required, including those relating to development impact assessment, prior to the exercise of those rights. (7.6.1)
5. If GDO and Government fail to reach an agreement under Activity 3 the matter may be referred to dispute resolution processes under Chapter 31

Project:

Establishment of Eeyou Marine Region Planning Commission

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO); Canada – Minister of Indian Affairs and Northern Development (DIAND – Minister); Canada – Department of Indian Affairs and Northern Development – James Bay Implementation Office (DIAND – JBIO); Eeyou Marine Region Planning Commission (EMRPC); Government of Nunavut – Minister responsible for Renewable Resources (GN – Minister)

Obligations Addressed:

8.4.1 The Eeyou Marine Region Planning Commission (EMRPC) is hereby established as an institution of public government with the major responsibilities to:

1. establish broad planning policies, objectives and goals for the EMR in conjunction with Government;
2. develop, consistent with other provisions of this chapter, land use plans that guide and direct Resource use and development in the EMR; and
3. generally, fulfill the objectives of this Agreement in the manner described, and in accordance with the general principles mentioned in subsection 8.2.1, as well as such additional functions as may be agreed upon from time to time by Government and the GDO.

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

8.4.7 The GDO shall have the right to substitute from time to time alternates for its nominated members in order to ensure appropriate representation for the region for which planning is being conducted at any one time. Such alternates shall be appointed in a manner consistent with subsection 8.4.5.

8.4.9 From nominations provided by the members recommended and nominated pursuant to subsection 8.4.5, the Minister of Indian Affairs and Northern Development, in consultation with the Minister responsible for Renewable Resources of the government of Nunavut and the GDO shall appoint a further member to act as a chairperson. A member of the EMRPC may be nominated as chairperson and another member may be appointed as a replacement pursuant to subsection 8.4.11.

8.4.11 Where a vacancy occurs, a replacement member may be nominated or recommended for the remainder of the term of the vacant member by the body nominating or recommending the member under subsections 8.4.5 or 8.4.9. Upon receiving the recommendation or nomination the Minister shall appoint the replacement member.

Related Clauses:

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2 Planning Principles, Policies, Priorities and Objectives

8.3 Land Use Plans

8.4.4 Role and responsibility of EMRPC

8.4.6 Federal and territorial public servants not to be appointed to EMRPC

8.4.13 to 8.4.14 Matters binding on EMRPC

Schedule 8 - 1 Oath of office for EMRPC members

Funding:

1. The costs of the EMRPC are the responsibility of Government. The EMRPC is to prepare an annual budget, subject to review and approval by Government. (8.4.3)
2. Funding for the operation and administration of the EMRPC is identified in Activity Sheet # 8 - 2. Funding for the development of a land use plan for the EMR is identified in Activity Sheet # 8 - 3.

Planning Assumptions, Guidelines, and Explanations

1. The head office of the EMRPC is to be in Eeyou Istchee. (8.4.2)
2. Federal and territorial public servants cannot be appointed to the EMRPC. (8.4.6)
3. Members are to be appointed for a term of three (3) years. (8.4.8)
4. The chairperson or other member of EMRPC may be removed for cause. (8.4.10)
5. Where a vacancy occurs, a replacement member may be nominated or recommended for the remainder of the term of the vacant member by the body nominating or recommending the member under subsections 8.4.5 or 8.4.9. Upon receiving the recommendation or nomination the Minister shall appoint the replacement member. (8.4.11)
6. A member may be reappointed. (8.4.12)
7. To initiate the start-up of the EMRPC, the DIAND James Bay Implementation Office shall facilitate the calling of the first meeting where oath of office will be received and nominations for the position of chairman will be made by members of the EMRPC. Thereafter meetings would be at the call of the chairman.
8. As provided for under subsections 8.4.5, it is recognized that the size and makeup of the membership of the EMRPC may vary. However, the detailed cost and worksheet notes that have been prepared for the EMRPC, for the initial ten-year planning period, have assumed that membership of the EMRPC will consist of two members nominated by the GDO, one member recommended by the Government of Canada, and one member recommended by the Government of Nunavut, for a total of four members plus a chairperson. If additional members were to be added to the EMRPC during the planning period, the budget would have to be adjusted accordingly.
9. For budget estimate purposes it has been assumed that the chairperson of the EMRPC will be from Eeyou Istchee.
10. Nominations by the GDO and recommendation by GN pursuant to subsection 8.4.5 shall be communicated to the following address:
    
    Director
    James Bay Implementation Office
    Implementation Branch
    Treaties and Aboriginal Government
    Department of Indian Affairs and Northern Development
    Les Terrasses de la Chaudière
    Room 1550, 25 Eddy Street
    Gatineau QC
    Postal Address: Ottawa, ON K1A 0H4

Project:

Operation and administration of EMRPC

Responsibility:

Eeyou Marine Region Planning Commission (EMRPC); Canada Department of Indian Affairs and Northern Development – James Bay Implementation Office (DIAND – JBIO); federal and territorial government departments and agencies (Departments and Agencies)

Participants/Liaison:

Nunavut Planning Commission; Nunavik Marine Region Planning Commission; Canada Minister of Indian Affairs and Northern Development; Government of Nunavut – Minister responsible for Renewable Resources; Grand Council of the Crees Eeyou Istchee or GCC(EI) Designated Organization

Obligations Addressed:

8.4.4 Consistent with this Agreement, the EMRPC shall:

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

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

1. an oath following the form set out in Schedule 8 - 1, taken and subscribed before assuming office before an officer authorized by law to administer oaths;
2. rules relating to conflict of interest set out in applicable federal and territorial Legislation, provided that, where a matter before the EMRPC affects the Crees in a general way, a member shall not be considered to have a conflict solely on the basis that the member is Cree; and
3. the terms of the Agreement.

8.4.14 The EMRPC shall conduct its business in Canada's official languages as required by Legislation or policy and, upon request of any member, also in the Cree language.

8.4.15 In establishing by-laws, rules and procedures the EMRPC shall, to the extent possible consider and take into account the by-laws and rules of the Nunavut Planning Commission and of the Nunavik Marine Region Planning Commission.

8.4.16 Subject to subsection 8.4.15 the EMRPC may make by-laws and rules respecting:

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

8.4.17 In conducting its hearings, the EMRPC shall:

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

8.4.18 The EMRPC may, within its approved budget, engage and fix the remuneration of experts or anyone having technical or special knowledge to assist the EMRPC.

8.4.19 The EMRPC shall make best efforts to coordinate the discharge of its powers, functions or duties with adjacent institutions.

Related Clauses

6.2.1 Establishment of Protected Areas to be in conformity with land use plan

6.2.2 Plan not to apply within or amend boundaries of Protected Areas once established

6.5.2 Establishment of Marine Protected Areas to be in conformity with land use plan

6.5.3 Plan not to apply within or amend boundaries of Marine Protected Areas once established

8.1.1 Definition of "Land"

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2.1 Principles to guide development of planning policies

8.2.2 Objectives of planning process

8.2.3 Factors to be taken into account

8.3.1 Required contents of land use plans

8.3.2 Purpose of land use plans

8.3.3 Land use plans to contain an implementation strategy

8.4.1 to 8.4.3 Establishment of the EMRPC

8.4.5 to 8.4.12 Composition and appointment of EMRPC

8.5 Development and Review of Land Use Plans

8.6 Amendment of Land Use Plans

13.2.2 b) EMRWB Wildlife management recommendations to be sent to EMRPC

16.7 EMRPC may make recommendations to Government or Government agencies regarding any marine area outside of the EMR

21.3 Relationship to the Land Use Planning Provisions

18.7.6 EMRPC to coordinate with Government in developing general monitoring plan and report periodically on the Ecosystemic and socio economic environment of the EMR

18.7.7 Delegation of EMRPC functions under subsection 18.7.6

18.9.10 Copies of project Certificates and approvals to be sent to EMRPC

30.5 EMRPC jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

30.6 Operation and management of the NMRPC and the EMRPC land use planning regimes in the Joint Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding

1. Identified Funding, Eeyou Marine Region Planning Commission (2008 constant dollars):

2. The detailed cost and worksheet notes for the Eeyou Marine Region Planning Commission are attached for reference purposes. They were developed for the purpose of estimating the Funding to be provided for the operation and administration of the EMRPC, and it is not intended that the commission shall be constrained to any particular line item.

Planning, Assumptions, Guidelines, and Explanations:

1. As provided for under subsection 8.4.5, it is recognized that the size and makeup of the membership of the EMRPC may vary. However, the detailed cost and worksheet notes that have been prepared for the EMRPC, for the initial ten (10) year planning period, have assumed that membership of the EMRPC will consist of two members nominated by the GDO, one member recommended by the Government of Canada, and one member recommended by the Government of Nunavut, for a total of four members plus a chairperson. If additional members were to be added to the EMRPC during the initial ten (10) year planning period, the budget would have to be adjusted accordingly.
2. It is also assumed that the chairperson of the EMRPC will be from Eeyou Istchee (i.e., for budget estimate purposes).
3. As provided under subsection 8.4.15, it is assumed that the by-laws and rules of procedure for conducting business by the EMRPC will largely mirror those of the Nunavut Planning Commission (NPC) and the Nunavik Marine Region Planning Commission (NMRPC) with adjustments as appropriate to reflect the fact that the EMRPC is a separate institution of public government.
4. As provided under Activity Sheet # 30 - 1, the EMRPC will have to ensure that the provisions of Part VII of the Cree/Inuit Offshore Overlap Agreement are respected when making decisions or recommendations concerning the Joint Zone.
5. It is assumed that the Eeyou Marine Region Impact Review Board (EMRIRB) shall share offices and administrative staff with the EMRPC. As well, as provided under subsection 8.4.2, it is assumed that the head office and administrative staff of the EMRPC will be located within Eeyou Istchee. This means that the offices of the EMRPC and the EMRIRB will have to be co-located in a community in the Eeyou Istchee region and that the secretariat and other administrative services will be shared between the two offices. The budgetary impacts related to the sharing of facilities and various administrative services are reflected in the detailed cost and worksheet notes that have been prepared for this Activity Sheet and for Activity Sheet #18 - 2.
6. With regard to the preparation of an annual budget for the EMRPC, and the submission of the draft budget to Government for review and approval as provided for under subsection 8.4.3, it is expected that the draft budgets will be submitted sixty (60) days prior to the beginning of a fiscal year.
7. The annual budget submissions should be sent to the following:
   
   Director
   James Bay Implementation Office
   Implementation Branch
   Treaties and Aboriginal Government
   Department of Indian Affairs and Northern Development
   Les Terrasses de la Chaudière
   Room 1550, 25 Eddy Street
   Gatineau QC
   Postal Address: Ottawa, ON K1A 0H4
8. For purposes of reporting annually, as specified under Activity 8, the EMRPC shall provide a report within ninety (90) days of the end of the fiscal year to: the GCC(EI) or GCC(EI) Designated Organization (GDO); Canada - Minister of Indian Affairs and Northern Development; and, the Government of Nunavut - Minister responsible for Renewable Resources.

Cost Worksheet - Eeyou Marine Region Planning Commission

Cost Worksheet Notes

Project:

Development of a land use plan for the EMR

Responsibility:

Eeyou Marine Region Planning Commission (EMRPC); GCC(EI) Designated Organization (GDO); Canada – Minister of Indian Affairs and Northern Development (DIAND – Minister); Government of Nunavut – Minister responsible for Renewable Resources (GN – Minister)

Participants/Liaison:

Nunavut Planning Commission (NPC); Canada – Minister of Indian Affairs and Northern Development; Government of Nunavut – Minister responsible for Renewable Resources; Grand Council of the Crees – Eeyou Istchee or GCC(EI) Designated Organization

Obligations Addressed:

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.

Related Clauses

6.2.1 Establishment of Protected Areas to be in conformity with land use plan

6.2.2 Plan not to apply within or amend boundaries of Protected Areas once established

6.5.2 Establishment of Marine Protected Areas to be in conformity with land use plan

6.5.3 Plan not to apply within or amend boundaries of marine Protected Areas once established

8.1.1 Definition of "Land"

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2.1 Principles to guide development of planning policies

8.2.2 Objectives of planning process

8.2.3 Factors to be taken into account

8.3.1 Required contents of land use plans

8.3.2 Purpose of land use plans

8.3.3 Land use plans to contain an implementation strategy

8.6 Amendment of Land Use Plans

8.7 Municipalities

8.8 Interpretation

13.2.2b) EMRWB Wildlife management recommendations to be sent to EMRPC

30.5 EMRPC jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

30.6 The NMRPC and EMRPC to sit together when making decisions or recommendations concerning the Joint Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding:

1. Identified funding, Eeyou Marine Region Planning Commission (2008 constant dollars):
   Year(s) when funds required are to be determined by EMRPC
   $ 348,640
2. The detailed cost and worksheet notes for the development of the land use plan by the Eeyou Marine Region Planning Commission are attached for reference purposes. They were developed for the purpose of estimating the total amount of funding to be provided for this purpose and it is not intended that the commission shall be constrained to any particular line item or fiscal year.
3. With respect to the budget to be submitted under Activity 1, it is assumed that the amounts required for the development of the EMR land use plan in any given year will be incorporated into the annual budget submission to DIAND – JBIO under Activity Sheet # 8 - 2.

Planning Assumptions, Guidelines, and Explanations

1. Funding for the development of the draft land use plan and for public hearings and Other Expenses in this regard is included in this Activity Sheet. The budget for the ongoing operation and administration of the EMRPC as an institution of public government is set out in Activity Sheet # 8 - 2.
2. There will be one land use plan for the entire Eeyou Marine Region and this plan will be similar in format to the various regional land use plans that are being developed and implemented in relation to the Nunavik Marine Region and the various regions within Nunavut.
3. As provided under Activity Sheet # 30 - 1, the EMRPC will have to ensure that the provisions of Part VII of the Cree/Inuit Offshore Overlap Agreement are respected when making decisions or recommendations concerning the Joint Zone.
4. Public hearings in the Cree communities will take place after the initial draft land use plan has been prepared and circulated by the EMRPC and prior to the draft plan being officially submitted to the GCC(EI) Designated Organization (GDO) for review.

Cost Worksheet - Eeyou Marine Region Planning Commission

Cost Worksheet Notes

Project:

Implementation and monitoring of the land use plan

Responsibility:

Federal and territorial government departments and agencie (Departments and Agencies); Eeyou Marine Region Planning Commission (EMRPC); Project Proponent; Canada – Minister as defined at 18.1.1 (Canada Minister); Government of Nunavut - Minister as defined at 18.1.1 (GN Minister)

Participants/Liaison:

Federal and territorial agencies responsible for issuing land use permits; Designated Agencies as set out in Schedule 26 - 1

Obligations Addressed:

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.

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.

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.

Related Clauses:

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2.1 Principles to guide development of planning policies

8.2.2 Objectives of planning process

8.2.3 Factors to be taken into account

8.3.1 Required contents of land use plans

8.3.2 Purpose of land use plans

8.3.3 Land use plans to contain an implementation strategy

8.5 Development and Review of Land Use Plans

8.6 Amendment of Land Use Plans

8.8 Interpretation

Chapter 18 - Development Impact

Schedule 18 - 1 Types of Project Proposals Exempt from Screening

26.3.10 Land use permit requiring written consent of Designated Agency where important Archaeological Site involved

30.5 EMRPC jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

30.6 The NMRPC and EMRPC to sit together when making decisions or recommendations concerning the Joint Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding

1. Funding provided to the EMRPC, related to the implementation and monitoring of the EMR land use plan, is included in the budget for the operation and administration of the EMRPC as set out in Activity Sheet # 8 - 2.

Planning Assumptions, Guidelines, and Explanations

1. Coordination between the land use planning activities of the EMRPC and the Project Proposal screening and review activities of the Eeyou Marine Region Impact Review Board (EMRIRB) will be ensured by the sharing of offices and administrative staff between these two institutions of public government as provided for in # 8 - 2 and Activity Sheet # 18 - 2.
2. The land use planning activities of the EMRPC and the Project Proposal screening and review activities of the EMRIRB will need to be coordinated with the Nunavut Planning Commission (NPC) and the Nunavik Marine Region Planning Commission (NMRPC) as well as with other bodies having similar responsibilities over other areas adjacent to the EMR where Project Proposals have transboundary implications or where projects have impacts in areas of joint use and occupancy.
3. Until such time as a land use plan has been approved for the Eeyou Marine Region, all Project Proposals other than those that fall within Schedule 18 - 1 shall be referred directly to EMRIRB for screening. (18.3.5)
4. Project Proposals that are not in conformity with the approved EMR land use plan shall not be sent to EMRIRB for screening until an exemption is obtained or a variance has been approved. (8.5.13)

Project:

Amendment of land use plan

Responsibility:

Canada; Government of Nunavut (GN); GCC(EI) Designated Organization (GDO); person affected by the EMR land use plan (Person Affected); Eeyou Marine Region Planning Commission (EMRPC); Canada – Minister of Indian Affairs and Northern Development (DIAND – Minister); Government of Nunavut - Minister responsible for Renewable Resources (GN - Minister); Canada - Department of Indian Affairs and Northern Development – James Bay Implementation Office (DIAND – JBIO)

Participants/Liaison:

Nunavut Planning Commission (NPC) and other similar adjacent institutions

Obligations Addressed:

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.

Related Clauses

6.2.1 Establishment of Protected Areas to be in conformity with land use plan

6.2.2 Plan not to apply within or amend boundaries of Protected Areas once established

6.5.2 Establishment of Marine Protected Areas to be in conformity with land use plan

6.5.3 Plan not to apply within or amend boundaries of marine Protected Areas once established

8.1.1 Definition of "Land"

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2.1 Principles to guide development of planning policies

8.2.2 Objectives of planning process

8.2.3 Factors to be taken into account

8.3.1 Required contents of land use plans

8.3.2 Purpose of land use plans

8.3.3 Land use plans to contain an implementation strategy

8.5 Development and Review of Land Use Plans

8.7 Municipalities

8.8 Interpretation

13.2.2 b) EMRWB Wildlife management recommendations to be sent to the EMRPC

30.5 EMRPC jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

30.6 The NMRPC and EMRPC to sit together when making decisions or recommendations concerning the Joint Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding

1. Funding for the review of proposed amendments to the EMR land use plan is included in the budget for the operation and administration of the EMRPC as set out in Activity Sheet # 8 - 2.

Planning Assumptions, Guidelines, and Explanations

1. There will continue to be one land use plan for the entire Eeyou Marine Region in the future and this plan will continue to be similar in format to the various regional land use plans that are being developed and implemented in relation to the Nunavik Marine Region and the various regions within Nunavut.
2. The land use planning activities of the EMRPC will need to be coordinated with the Nunavut Planning Commission (NPC) and the Nunavik Marine Region Planning Commission (NMRPC) as well as with other bodies having similar responsibilities over other areas adjacent to the EMR not only with regard to the on-going implementation of the EMR land use plan, but also in relation to the amendment of the EMR land use plan.
3. As provided under Activity Sheet # 30 - 1, the EMRPC will have to ensure that the provisions of Part VII of the Cree/Inuit Offshore Overlap Agreement are respected when making decisions or recommendations concerning the Joint Zone.

Project:

Identify and prioritize requirement to clean up waste sites in the EMR

Responsibility:

Eeyou Marine Region Planning Commission (EMRPC); Canada – Federal Cabinet (Federal Cabinet); Executive Council of the Government of Nunavut (Executive Council)

Participants/Liaison:

Federal and territorial government departments and agencie (Departments and Agencies); Canada - Department of Indian Affairs and Northern Development – James Bay Implementation Office; Canada - Environment Canada

Obligations Addressed:

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.

Related Clauses

5.1 Definition of "Contaminated Sites"

5.8 Government programs respecting clean-up of Contaminated Sites in the EMR

8.1.1 Definition of "Land"

8.1.2 Government departments and agencies to implement land use plans

8.1.3 Chapter applies to Land and Marine Areas within EMR

8.2.1 Principles to guide development of planning policies

8.2.2 Objectives of planning process

8.2.3 Factors to be taken into account

8.3.1 Required contents of land use plans

8.3.2 Purpose of land use plans

8.3.3 Land use plans to contain an implementation strategy

8.4.4 Role and responsibility of EMRPC

8.5 Development and Review of Land Use Plans

8.6 Amendment of Land Use Plans

8.8 Interpretation

Funding

1. Funding for identifying and prioritizing the requirement to clean up waste sites in the EMR is included in the budget for the EMRPC related to the development of the EMR land use plan as set out in Activity Sheet # 8 - 3.
2. The cost of undertaking clean-up projects for any identified hazardous and non-hazardous waste sites, inactive mine sites and abandoned Mid Canada Lines sites in the EMR shall be borne by the responsible parties.

Planning, Assumptions, Guidelines, and Explanations:

1. The land use planning activities of the EMRPC will need to be coordinated with the Nunavut Planning Commission (NPC) and the Nunavik Marine Region Planning Commission (NMRPC) as well as with other bodies having similar responsibilities over other areas adjacent to the EMR not only with regard to the on-going implementation of the EMR land use plan, but also in relation to the identification and prioritization of waste sites and any related clean-up activities

Project:

Consultation with the GCC(EI)

Responsibility:

Canada; Government of Nunavut (GN); Minister; Grand Council of the Crees – Eeyou Istchee (Crees)

Participants/Liaison:

Canada - Department of Indian Affairs and Northern Development James Bay Implementation Office; Canada – Environment Canada

Obligations Addressed:

9.1 Government shall Consult the GCC(EI) on the following:

1. making a decision to open up any part of the EMR which is not Cree Lands to exploration for Minerals;
2. granting, permitting, approving or authorizing a development of Minerals in any part of the EMR which is not Cree Lands; and
3. granting, permitting, approving or authorizing the construction, operation or abandonment of a pipeline, an Oil or gas rig or other structure for the exploitation of Minerals in any part of the EMR which is not Cree Lands.

9.2 Before finalizing a strategy for the management of Marine Areas, including estuarine or coastal waters, the Minister shall Consult the GCC(EI) with respect to the strategy.

9.3 The Minister shall Consult the GCC(EI) in the development and implementation of plans for the integrated management of activities or measures that directly affect Marine Areas, including estuarine and coastal waters.

9.4 The Consultation referred to in section 9.3 shall include Consultation about:

1. the establishment of, and possible Cree participation in, advisory or management bodies; and
2. the establishment of environmental guidelines, objectives and criteria respecting the quality of Marine Areas, including estuarine and coastal waters.

9.5 Government shall also Consult the GCC(EI) prior to granting, permitting, approving or authorizing tidal energy production or hydroelectric energy production in the EMR.

9.6 Government shall, save in the event of an emergency, Consult the GCC(EI) prior to:

1. the establishment of marine navigation services in Marine Areas; and
2. the issuance of approvals or exemptions, under the Navigable Waters Protection Act, R.S.C. 1985, c. N-22, in Marine Areas.

Related Clauses:

Chapter 1 Definition of "Consult" or "Consultation"

Chapter 1 Definition of "Marine Areas"

Chapter 1 Definition of "Minerals"

Chapter 8 Land Use Planning

Chapter 18 Development Impact

Chapter 19 Impacts and Benefits Agreements

Funding:

1. Funding for these activities may be provided through programs and policies in place from time to time.

Planning Assumptions, Guidelines, and Explanations

1. In the case of an emergency, Government may establish marine navigation services in Marine Areas or may issue approvals or exemptions, under the Navigable Waters Protection Act, R.S.C. 1985, c. N-22, in Marine Areas without consulting the GCC(EI). However, Government shall advise the GCC(EI) as soon as possible on the necessity of the action and the terms and conditions attached thereto. (9.6)
2. For the purpose of Activities 2, 3 and 5, the Minister responsible may be one or more of the following:
   • Minister of Fisheries and Oceans (Canada)
   • Minister of Transport (Canada)
   • Minister of Indian Affairs and Northern Development (Canada)
   • Minister responsible for Renewable Resources (Nunavut)

Project:

Allocating licences related to commercial fisheries

Responsibility:

Canada – Department of Fisheries and Oceans (DFO)

Participants/Liaison:

Government of Nunavut – Department of Environment; interested Crees

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Hudson Bay Zone"

11.1 Provisions on Cree rights to Harvest

11.3.2 Exclusive right to Harvest for commercial purposes

11.5.1 Cree right of first refusal to establish and operate any new commercial operation in the EMR

11.6 Provisions on licensing

Schedule 11 - 1 Species reserved for exclusive use by Crees

Planning Assumptions, Guidelines, and Explanations

1. All Harvesting activities pursuant to commercial fishing licences or similar authorizations shall be subject to Laws of General Application. (11.5.2)
2. 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. (11.6.3)
3. This Activity Sheet deals with the allocation of commercial fishing licences within the EMR. The allocation of commercial fishing licences within the Hudson Bay Zone (outside the EMR) is governed by section 16.6 of the Agreement.

Project:

Setting priorities for the allocation of Total Allowable Take of Wildlife species

Responsibility:

Eeyou Marine Region Wildlife Board (EMRWB)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Canada Department of Fisheries and Oceans; Government of Nunavut; residents of Eeyou Istchee; GCC(EI) Designated Organization; Parks Canada Agency (PCA)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Basic Needs Level" and "Adjusted Basic Needs Level"

Chapter 1 Definition of "Total Allowable Take"

11.1.1 Cree right to Harvest for economic, social and cultural needs where no Total Allowable Take established

11.1.3 Cree to Harvest according to Total Allowable Take where established

11.4.2 Ongoing exploratory, experimental or test fisheries in the EMR to cease

11.4.3 Cree right to Harvest the entire Total Allowable Take

13.2.1a) EMRWB to establish, modify or remove levels of Total Allowable Take

13.2.1d) EMRWB to allocate from Total Allowable Take opportunities to Harvest

13.5.1 EMRWB's sole authority to establish, modify or remove Total Allowable Take for all species in the EMR

13.5.2 Total Allowable Take expressed for species, stock or population by appropriate method

13.6.1 EMRWB to establish Basic Needs Level in accordance with Total Allowable Take

13.7.3 Adjusted Basic Needs Level may expand up to entire Total Allowable Take

Planning Assumptions, Guidelines, and Explanations

1. The EMRWB has the authority to establish, modify or remove the levels of Total Allowable Take by any method it considers appropriate for a species, stock or population of Wildlife, except for anadromous fish spawning in Québec.(13.2.1a))

Project:

Closure of exploratory, experimental or test fisheries in the EMR

Responsibility:

Canada – Department of Fisheries and Oceans (DFO)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Eeyou Marine Region Wildlife Board; Government of Nunavut – Department of Environment; Parks Canada Agency (PCA)

Obligations Addressed:

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.

Planning Assumptions, Guidelines, and Explanations

1. The Department of Fisheries and Oceans (DFO) is responsible to order ongoing fisheries in the EMR, other than Cree fisheries, to cease operations.

Project:

Right of first refusal to establish and operate new commercial operation

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Environment Canada – Canadian Wildlife Services (CWS); Government of Nunavut – Department of Environment (GN - DOE); Interested Crees

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Hudson Bay Zone"

11.1 Provisions on Cree rights to Harvest

11.3.1 Crees to have a priority in regard to accessing licences related to commercial fisheries.

11.3.2 Exclusive right to Harvest for commercial purposes

11.4.1 Allocation of Total Allowable Take for commercial uses

Planning, Assumptions, Guidelines, and Explanations:

1. All Harvesting activities pursuant to commercial fishing licences or similar authorizations shall be subject to Laws of General Application. (11.5.2)
2. 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. (11.6.2)
3. It is assumed that the EMRWB may get involved in the process of communication involved in the decision to permit the establishment of a new commercial operation in the EMR pursuant to Activities 1 and 3.
4. This Activity Sheet deals with the allocation of commercial licences within the EMR. The allocation of commercial fishing licences within the Hudson Bay Zone (outside the EMR) is governed by section 16.6 of the Agreement.

Project:

Issue permit to transport Wildlife outside Eeyou Istchee

Responsibility:

Crees; Canada – Department of Fisheries and Oceans (DFO); Environment Canada – Canadian Wildlife Services (CWS); Government of Nunavut – Department of Environment (GN - DOE)

Participants/Liaison:

Eeyou Marine Region Wildlife Board

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Harvest"

Chapter 1 Definition of "Wildlife"

11.7.1 Crees have the right to dispose freely sell, barter, trade, exchange, buy from, possess or give Wildlife lawfully Harvested

11.7.2 Crees have the right to dispose freely, sell, barter, trade, exchange, buy from, possess or give non-edible product of Wildlife lawfully Harvested

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

11.7.5 Subsections 11.6.1 and 11.6.2 are subject to Laws of General Application

11.7.6 Disposition of Harvest other than a disposition under subsections 11.6.1 and 11.6.2 are subject to Laws of General Application

Planning Assumptions, Guidelines, and Explanations

1. The permit may contain terms and conditions as established by Laws of General Application. (11.7.4)

Project:

Assignment of Part of the Basic Needs Levels for sport Harvesting to qualified non-Cree

Responsibility:

GCC(EI) Designated Organization (GDO)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Canada – Department of Fisheries and Oceans; Government of Nunavut – Department of Environment; Eeyou Marine Region Wildlife Board; Crees; non-Cree Person

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Adjusted Basic Needs Level" and "Basic Needs Level"

11.8.4 Any assignment for a term, including any option for renewal, exceeding three (3) years is null and void

13.6 Basic Needs Level

13.7 Adjusted Basic Needs Level

Planning, Assumptions, Guidelines, and Explanations:

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 and the Harvest authorized by Article II, section 3 of the Schedule to the Migratory Birds Act, R.S.C. 1985, c M-7 are not assignable to Persons mentioned in subsection 11.8.1, unless permitted by Laws of General Application. (11.8.3)

Project:

Provision of information

Responsibility:

Canada – Department of Fisheries and Oceans (DFO); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN - DOE); Eeyou Marine Region Wildlife Board (EMRWB); GCC(EI) Designated Organization (GDO); Cree Trappers' Association (CTA)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Harvest" and "Harvesting"

Chapter 12 Provisions concerning the Cree Trappers' Association

13.2 Provisions concerning the mandate of the EMRWB

Funding:

1. Government shall provide Funding as required for the purpose of collecting information and undertaking sampling. (11.10.1)

Planning Assumptions, Guidelines, and Explanations

1. The Funding to be provided pursuant to subsection 11.10.1 may be in addition to any amount provided to the Cree Trappers' Association under Activity Sheet # 12 - 1.

Project:

Disposal of valuable parts of emergency kills

Responsibility:

GCC(EI) Designated Organization (GDO); Eeyou Marine Region Wildlife Board (EMRWB); individual who kills wildlife

Canada – Department of Fisheries and Oceans; Environment Canada Canadian Wildlife Service; Government of Nunavut – Department of Environment

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Wildlife"

11.13.1 Individual may kill Wildlife if necessary to preserve human life or protect that individual's property.

11.13.2 Individual may kill and consume Wildlife where necessary to prevent starvation

11.13.3 Killing of Wildlife shall not to be construed as providing lawful excuse for individual mismanagement

12.1c) Cree Trappers' Association role in control and monitoring of Harvesting practices

12.1e) Cree Trappers' Association role in the management of Harvesting among Crees in the EMR

12.2 Cree Trappers' Association may delegate powers in a geographical area to a local CTA.

Planning, Assumptions, Guidelines, and Explanations:

1. Any current notification processes shall remain in place until new processes are agreed to.
2. The EMRWB, in conjunction with the GDO, will determine which Wildlife parts are valuable and provide a list of these to the appropriate Government agencies.
3. The EMRWB and the GDO will jointly establish a process for disposal of valuable Wildlife parts.
4. It is assumed that the GDO would involve the Cree Trappers' Association and the local CTAs in informing Harvesters of the procedure for the disposal of valuable parts of Wildlife.

Project:

Develop policy guidelines for the use and occupation of Archaeological Sites

Responsibility:

GCC(EI) Designated Organization (GDO)

Participants/Liaison:

Canada – Canadian Museum of Civilization; Government of Nunavut Department of Culture, Language, Elders and Youth; Parks Canada Agency (PCA)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Archaeological Site"

11.15 Provisions concerning Traditional Camps on Crown Lands

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

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

Planning Assumptions, Guidelines, and Explanations

1. It is assumed that the GDO will provide the responsible Government departments with copies of any policy guidelines and any terms and conditions regarding the use and occupation of Archaeological Sites to ensure the management and conservation of Archaeological Sites and Archaeological Specimens continue to be balanced with Crees responsibilities.

Project:

Powers and functions of the Cree Trappers' Association

Responsibility:

Cree Trappers' Association (CTA); Eeyou Marine Region Wildlife Board (EMRWB), Grand Council of the Crees - Eeyou Istchee (GCC(EI))

Obligations Addressed:

12.1 The powers and functions of the Cree Trappers' Association (CTA) under this Agreement shall include:

1. acting as a consultative body for its members to the EMRWB with respect to Wildlife matters in relation to the EMR;
2. the recommendation of Wildlife management measures in the EMR on behalf of its members;
3. the control and monitoring of Harvesting practices and techniques in the EMR among the Crees, including the use of Non-quota Limitations;
4. the allocation and enforcement of Basic Needs Levels and Adjusted Basic Needs Levels among the Crees;
5. generally, the management of Harvesting among the Crees in the EMR; and
6. such other matters as may be set out in this Agreement.

12.3 The CTA and the Local CTAs shall each develop and adopt their own by-laws guiding their functions set out in Part III.

12.6 [...] The EMRWB may request from the CTA an annual status report concerning its activities and those of the Local CTA pursuant to this Chapter.

12.9 Where the CTA or a Local CTA is failing to perform or to exercise its powers and functions set out in sections 12.1 or 12.2, the GCC(EI) may exercise those powers and functions until such time as the CTA or Local CTA resumes the exercise of those powers and functions.

Related Clauses:

Chapter 1 Definition of "Cree Trappers' Association" or "CTA"

Chapter 1 Definition of "Local Cree Trappers' Association" or "Local CTA"

7.3.6 Consultation with CTA related to access to Cree Lands for purposes of Wildlife management and research

11.8.2 Use of Cree guides for sport Harvesting

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. (See Activity Sheet # 11-7.)

11.14.1 Approval of guides by CTA or a Local CTA to accompany individuals, other than a Cree, who Harvest big game

11.14.2 Paragraph 11.14.1b) shall not apply where requirement waived by CTA or where no guides approved by CTA or a Local CTA

12.2 CTA may create Local Cree Trappers' Associations (Local CTAs)

12.4 Decisions or by-laws preventing Cree from Harvesting

12.5 Members subject to by-laws of respective organizations

12.7 Exercise of authority not to conflict with other applicable Regulations governing Harvesting practices and techniques

12.8 Suits brought on behalf of Cree members where member has a right of action as a result of the provisions of Part III

13.6.3 Collection of information related to establishment of Basic Needs Level

13.7.4 Review of various species stocks or populations may be requested of the EMRWB by the CTA

14.6.2 The CTA and a Local CTA shall be accorded the status of a full party at an EMRWB public hearing

Funding:

1. Funding for the operation of the CTA to enable it to fulfill its functions pursuant to Chapter 12 shall be provided to the CTA by the EMRWB and is identified in Activity Sheet # 14-1. (12.6)

Planning Assumptions, Guidelines, and Explanations:

1. The Cree Trappers' Association (also known as the "Association des Trappeurs Cris" or "Eeyouch Kantoohoodo Emmahmoueech") was incorporated on March 10, 1978 pursuant to the provisions of subsection 28.5 of the James Bay and Northern Quebec Agreement (JBNQA) as a non-profit members association. Since that time the CTA has played a very active role in contributing to the development of Eeyou Istchee programs relating to all aspects of conserving, protecting, living from and developing in a sustainable manner the natural heritage of Eeyou Istchee.
2. The membership of the CTA is composed of Cree beneficiaries of the JBNQA who are engaged in trapping or related activities, or who were engaged in such activities and have since retired, and who have been accepted for admission as members of the Association. Members of a Local CTA are automatically eligible to be members of the CTA.
3. Funding provided to the CTA pursuant to section 12.6 is intended only to enable the CTA to fulfill its obligations pursuant to Chapter 12 of the Agreement. Funding to enable the CTA to fulfill its obligations under the JBNQA is provided pursuant to the provisions of that Agreement.
4. The annual status report, which may be requested by the EMRWB pursuant to section 12.6, is intended to relate only to the activities of the CTA and the Local CTAs in fulfillment of their obligations pursuant to Chapter 12 of the Agreement.

Project:

Establish powers and functions of the Local Cree Trappers' Associations

Responsibility:

Cree Trappers Association (CTA); Local Cree Trappers' Associations (Local CTAs); Grand Council of the Crees – Eeyou Istchee (GCC(EI))

Participants/Liaison:

Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

12.2 The CTA may create Local Cree Trappers' Associations and provide for rules related to their membership and operations. The CTA may delegate all or part of its powers and functions, including those set out in section 12.1, for a specific geographic area to a Local Cree Trappers' Association upon such terms and conditions as the CTA deems appropriate.

12.3 The CTA and the Local CTAs shall each develop and adopt their own by-laws guiding their functions set out in Part III.

12.9 Where the CTA or a Local CTA is failing to perform or to exercise its powers and functions set out in sections 12.1 or 12.2, the GCC(EI) may exercise those powers and functions until such time as the CTA or Local CTA resumes the exercise of those powers and functions.

Related Clauses:

Chapter 1 Definition of "Cree Trappers' Association" or "CTA"

Chapter 1 Definition of "Local Cree Trappers' Association" or "Local CTA"

11.8.2 Use of Cree guides for sport Harvesting

11.14.1 Approval of guides by CTA or a Local CTA to accompany individuals, other than a Cree, who Harvest big game

11.14.2 Paragraph 11.14.1 b) shall not apply where requirement waived by CTA or where no guides approved by CTA or a Local CTA

12.1 Powers and functions of the Cree Trappers' Association (CTA)

12.4 Decisions and by-laws preventing Cree from Harvesting

12.5 Members subject to by-laws

12.6 The EMRWB may request from the CTA an annual status report concerning its activities and those of the Local CTAs pursuant to this Chapter.

12.7 Exercise of authority not to conflict with other applicable Regulations governing Harvesting practices and techniques

12.8 Suits brought on behalf of Cree members where member has a right of action as a result of the provisions of Part III.

14.6.2 The CTA and a Local CTA shall be accorded the status of a full party at an EMRWB public hearing.

Funding:

1. Funding for the operation of Local CTAs to enable them to fulfill their functions pursuant to Chapter 12 shall be provided to the CTA by the EMRWB and is identified in Activity Sheet # 14-1. (12.6)

Planning Assumptions, Guidelines, and Explanations:

1. The CTA is responsible for the establishment of Local CTAs and for providing general rules to them related to their membership and operation. The Local CTAs should therefore have a uniform operational structure and mandate related to fulfillment of their obligations pursuant to Chapter 12 of the Agreement.
2. It is assumed that the delegation by the CTA, of all or part of its powers and functions to a Local CTA pursuant to section 12.2, shall set out the specific geographical area within the EMR over which the Local CTA shall exercise the delegated powers and functions.
3. The funding for the operation of the Local CTAs, which is to be provided to them in order to permit them to fulfill their obligations under Chapter 12, shall be provided to them by the CTA on such terms and conditions as the CTA deems to be appropriate.

Project:

Establishment of the Eeyou Marine Region Wildlife Board (EMRWB)

Responsibility:

Grand Council of the Crees – Eeyou Istchee (Crees); Canada Department of Fisheries and Oceans(DFO); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut – Department of Environment (GN – DOE); Canada – Minister of Fisheries and Oceans (DFO – Minister); Canada Minister of Environment, Canadian Wildlife Service (CWS – Minister); Government of Nunavut – Minister of Environment (GN – Minister DOE); Canada Department of Indian Affairs and Northern Development – James Bay Implementation Office (DIAND – JBIO); officer authorized by law to administer oaths (Authorized Officer); Eeyou Marine Region Wildlife Board (EMRWB)

Obligations Addressed:

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.

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.

14.1.5 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.

Related Clauses:

13.2 Mandate of the EMRWB

14.1.1 Each member is appointed to hold office for a term of four (4) years and may be reappointed

14.1.2 Removal of a member from office for cause

14.1.4 Application of rules relating to conflict of interest

14.1.6 All members of the EMRWB shall have one (1) vote; the chairperson votes only to break a tie

14.1.7 All decisions to be decided by consensus, failing which, by a majority of votes cast

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

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

14.2.3 EMRWB to meet at least twice a year

14.2.5 EMRWB, wherever practicable, to meet in Eeyou Istchee

14.3.1 Cost of EMRWB is the responsibility of Government

14.3.2 Remuneration of members for work on the EMRWB

Schedule 14-1 Oath of office for EMRWB members

30.5 EMRWB jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding:

1. The costs of the EMRWB are the responsibility of Government. The EMRWB is to prepare an annual budget, subject to review and approval by Government. (14.3.1)
2. Funding for the operation of the Eeyou Marine Region Wildlife Board (EMRWB) is identified in Activity Sheet # 14 - 1. Funding for the research functions of the EMRWB is separate and is identified in Activity Sheet # 13 - 3.

Planning Assumptions, Guidelines, and Explanations:

1. Any nominations of the EMRWB for chairperson shall be decided by consensus of the EMRWB, failing which, they shall be decided by a majority of votes cast. (13.1.1d))
2. The GCC(EI) and Government have the right to have technical advisors at all meetings of EMRWB as non-voting observers. (13.1.2)
3. The costs of each non-voting observer shall be borne by the Person or organization sending that observer. (14.3.4)
4. Office of EMRWB to be in Eeyou Istchee. (14.2.2)
5. It is assumed that the chairperson of the EMRWB will be from Eeyou Istchee (i.e., for budget estimate purposes).
6. To initiate the start-up of the EMRWB, the DIAND James Bay Implementation Office shall facilitate the calling of the first meeting where the oath of office will be received and nominations for the position of chairman will be made by members of the EMRWB.
7. After the first meeting of the EMRWB, meetings would be called by the chairman subject to subsection 14.2.4.

Project:

Mandate of the EMRWB

Responsibility:

Grand Council of the Crees Eeyou Istchee (Crees); Canada – Department of Fisheries and Oceans (DFO); Environment Canada – Canadian Wildlife Service (CWS); Government of Nunavut Department of Environment (GN – DOE); Eeyou Marine Region Wildlife Board (EMRWB)

Participants/Liaison:

Cree Entities to be affected

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Wildlife"

11.4.1 Order of priorities for Total Allowable Take and allocation

13.1 Membership of the EMRWB

13.3 Further Wildlife research and management responsibilities

13.5.1 EMRWB has sole authority to establish, modify or remove levels of Total Allowable Take or Harvesting for all species in the EMR

13.5.2 EMRWB determines the appropriate method for determining Total Allowable Take

13.6.1 EMRWB shall establish a Basic Needs Level

13.6.3 Obtain information required for EMRWB to effectively establish Basic Needs Level

13.7.1 EMRWB to periodically review Basic Needs Level for each species, stock or population

13.7.3 EMRWB to conduct review for various species, stocks or populations from time to time

13.8.1 EMRWB has sole authority to establish, modify or remove Non-quota Limitations on Harvesting in the EMR

13.8.5 Non-quota Limitations on Harvesting in force on the Effective Date of the Agreement

15.2.2 Taking account of Harvesting activities related to Wildlife crossing jurisdictional boundaries

14.4 By-laws of the EMRWB

14.6 Hearings of the EMRWB

14.9 Enforcement measures in regards to Wildlife management in the EMR

30.5 EMRWB jurisdiction not exercised in Inuit Zone as defined in the Cree/Inuit Offshore Overlap Agreement

Funding:

1. The costs of the EMRWB are the responsibility of Government. The EMRWB is to prepare an annual budget, subject to review and approval by Government. (14 3.1)
2. Funding for the operation of the Eeyou Marine Region Wildlife Board (EMRWB) is identified in Activity Sheet # 14 - 1. Funding for the research functions of the EMRWB is separate and is identified in Activity Sheet # 13 - 3.

Planning Assumptions, Guidelines, and Explanations:

1. If agreement was reached by the EMRWB, Government and the GDO for the EMRWB to perform other activities relating to the management of Wildlife in the EMR and to the regulation of access to Wildlife in the EMR, as provided for under subsection 13.2.3, the financial implications for such activities would need to be considered. (See Activity Sheet # 14-1)
2. Pursuant to paragraph 14.9.1, Government shall be responsible for the implementation of effective and efficient enforcement measures in regards to Wildlife management in the EMR (refer to Activity Sheet # 14-3).
3. Insofar as qualified Crees are available, a predominant number of the persons charged with enforcing Wildlife management and Legislation related to Wildlife in the EMR shall be Crees. (14.9.2)

Project:

Research

Responsibility:

Canada; Eeyou Marine Region Wildlife Board (EMRWB); Environment Canada – Canadian Wildlife Service (CWS); Canada – Department of Fisheries and Oceans (DFO); Government of Nunavut – Department of Environment (GN - DOE); residents of Eeyou Istchee; Cree Entities to be affected

Obligations Addressed:

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.

Related Clauses:

7.3.6 Access to Cree Lands for the purpose of Wildlife management and research

13.1 Membership of the EMRWB

14.4 By-laws of the EMRWB

14.6 Hearings of the EMRWB

Funding:

1. The costs of the EMRWB are the responsibility of Government. The EMRWB is to prepare an annual budget, subject to review and approval by Government. (14.3.1)
2. Funding for the operation of the Eeyou Marine Region Wildlife Board (EMRWB) is identified in Activity Sheet # 14-1.
3. Identified funding for EMRWB research functions is $5 million to be paid on Effective Date of the Agreement as per subsection 13.3.2 of the Agreement and also Annex B (Financial Information Summary), Part 3 – EMR Wildlife Research Fund, of this Implementation Plan.

Planning Assumptions, Guidelines, and Explanations:

1. It is assumed that the $5 million provided under subsection 13.3.2 to assist the EMRWB in carrying out its research functions will be used to establish a Wildlife Research Fund that will be similar in nature to the Wildlife Research Funds identified in the Contract Relating to the Implementation of the Nunavut Final Agreement and under Article 5 of the Nunavik Inuit Land Claim Agreement.
2. The research fund to be established by the EMRWB would be used to pay for the conduct of research proposed by the Grand Council of the Crees – Eeyou Istchee, the Government of Canada, or the Nunavut Government and approved by the Eeyou Marine Region Wildlife Board.
3. The EMRWB shall cooperate with other Wildlife management institutions which deal with species that are Harvested in the EMR and migrate outside the EMR (13.2.1h)), including the bodies responsible for the administration of the Wildlife Research Funds in the Nunavut Settlement Area (NWMB) and the Nunavik Marine Region (NMRWB), in terms of proposals for or decisions taken with regard to undertaking Wildlife research studies or activities that would be of interest to adjacent jurisdictions and consider coordinating such research activities to the extent possible.
4. The ability and right of the Government of Canada and Nunavut to continue their own research functions shall not be prejudiced by this Section. (13.3.1)
5. It is intended that the Eeyou Marine Region Wildlife Board, in order to fulfill its management functions, requires an informed and effective role in Wildlife research and its direction. Government departments and agencies are therefore to work in close collaboration with the EMRWB and exchange full information on their policies, programs and research.
6. Prior to the Effective Date of the Agreement, the GCC(EI) may establish by trust deed an EMRWB Wildlife Research Trust to receive the capital transfer payment referred to in subsection 13.3.2 of the Agreement. The trust deed establishing the EMRWB Wildlife Research Trust shall be subject to approval by the governments of Canada and Nunavut and shall include the following provisions:
   • the EMRWB shall be the sole beneficiary of the Trust;
   • the Trust shall be resident of Canada;
   • the Trust shall be subject to laws of general application;
   • the Trust shall provide for the protection and enhancement of the capital assets provided to it under subsection 13.3.2. based on sound management practices;
7. Pursuant to subsection 13.3.2 of the Agreement, and subject to the fulfillment of the conditions set out in paragraph 6 above, Canada shall provide the EMRWB Wildlife Research Trust a payment of $5 million on the Effective Date of the Agreement to assist the EMRWB in carrying out its research functions. If the EMRWB Wildlife Research Trust has not been created or the conditions set out in paragraph 6 above have not be fulfilled, the payment of $5 million shall be made directly to the EMRWB once it has become operational and has requested said payment from Canada.
8. The funds in the EMRWB Wildlife Research Trust shall be invested and managed by the trustees pursuant to the terms of the trust deed and they shall be transferred to the EMRWB upon request by the EMRWB.

Project:

Establishment, modification or removal of levels of Total Allowable Take or Harvesting for all species in the EMR

Responsibility:

Eeyou Marine Region Wildlife Board (EMRWB)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Canada – Department of Fisheries and Oceans; Government of Nunavut - Department of Environment; residents of the coastal Cree Communities of Eeyou Istchee; GCC(EI) Designated Organization; Parks Canada Agency (PCA)

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Harvesting"

Chapter 1 Definition of "Total Allowable Take"

11.1.1 Cree right to Harvest where Total Allowable Take not established

11.1.3 Cree right to Harvest where Total Allowable Take established

13.2.1 a) EMRWB to establish, modify or remove levels of Total Allowable Take

13.2.1 d) EMRWB to allocate from Total Allowable Take opportunities to Harvest

Chapter 15 Review of decisions of the EMRWB

Planning Assumptions, Guidelines, and Explanations:

1. Cree shall have the right to Harvest the entire Total Allowable Take if the latter is equal or less than the Basic Needs Level or the Adjusted Needs Level (11.4.3).
2. The Total Allowable Take set by the EMRWB does not include authority for anadromous fish spawning in Québec.
3. 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 regards to Crees immediately prior to the Effective Date of the 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 (11.1.4).
4. 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 the Agreement and that was enforceable in regards to Crees shall remain in effect until removed or otherwise modified by the responsible authority (11.1.5).
5. 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 or her economic, social and cultural needs (11.1.6).

Project:

Establishment and adjustment of Basic Needs Level

Responsibility:

Eeyou Marine Region Wildlife Board (EMRWB); Cree Trappers Association (CTA)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Canada – Department of Fisheries and Oceans; Government of Nunavut; residents of the coastal Cree Communities of Eeyou Istchee; GCC(EI) Designated Organization (GDO)

Obligations Addressed:

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.

13.7.1 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.

13.7.4 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.

Related Clauses:

Chapter 1 Definition of "Basic Needs Level"

Chapter 1 Definition of "Total Allowable Take"

11.1 Cree Rights to Harvest

11.4 Allocation of Total Allowable Take

13.2.1 b) EMRWB to ascertain Basic Needs Level

13.2.1 c) EMRWB to adjust Basic Needs Level

13.5 Establishment of Total Allowable Take

13.7.3 Adjusted Basic Needs Level may expand up to the entire Total Allowable Take

Chapter 15 Review of decisions of the EMRWB

Planning Assumptions, Guidelines, and Explanations:

1. The Total Allowable Take set by the EMRWB does not include authority for anadromous fish spawning in Québec.
2. The Basic Needs Level shall reflect consumption or use by Crees; marketing or trade by Crees for consumption or use in Eeyou Istchee; and marketing or trade by Crees of fur bearing animals and pelts for personal economic needs.
3. The Adjusted Basic Needs Level may expand up to the entire Total Allowable Take but shall never fall below the Basic Needs Level.

Project:

Establish, modify or remove Non-quota Limitations on Harvesting in the EMR

Responsibility:

Eeyou Marine Region Wildlife Board (EMRWB)

Participants/Liaison:

Environment Canada – Canadian Wildlife Service; Canada – Department of Fisheries and Oceans; Government of Nunavut – Department of Environment; residents of the coastal Cree Communities of Eeyou Istchee; GCC(EI) Designated Organization; Cree Trappers Association

Obligations Addressed:

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.

Related Clauses:

Chapter 1 Definition of "Non-quota Limitation"

11.9 Methods of Harvesting

11.12 Right of Access by Crees for Harvest

12.1 Powers and functions of the Cree Trappers Association

13.2.1 e) EMRWB to establish, modify or remove Non-quota Limitations

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

13.8.4 No Non-quota Limitation affecting Crees will be established unless conservation or public safety reasons justify such a measure.

Chapter 15 Review of decisions of the EMRWB

Planning, Assumptions, Guidelines, and Explanations:

1. Non-quota Limitations on Harvesting in force on the Effective Date of the Agreement are to be deemed to have been established by the EMRWB and are to remain in effect until removed or otherwise modified by the EMRWB. (13.8.5)

Project:

Operation of the Eeyou Marine Region Wildlife Board

Responsibility:

Canada – Department of Indian Affairs and Northern Development James Bay Implementation Office (DIAND – JBIO); Eeyou Marine Region Wildlife Board (EMRWB); chairperson – Eeyou Marine Region Wildlife Board (chairperson – EMRWB)

Participants/Liaison:

Grand Council of the Crees – Eeyou Istchee or GCC(EI) Designated Organization; Government of Nunavut