Délînê Final Self-Government Agreement Implementation Plan

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.5.1 Canada and the GNWT shall Consult the DGG in the preparation of any:

1. Federal Law and NWT Law which is proposed after the Effective Date to implement the provisions of the FSGA; and
2. amendments to the Federal Law or NWT Law which implements the provisions of the FSGA.

Planning Assumption:

• Implementation Committee Representatives for Canada and DGG will have a coordinating role in these Activities.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.5.1 Canada and the GNWT shall Consult the DGG in the preparation of any:

1. Federal Law and NWT Law which is proposed after the Effective Date to implement the provisions of the FSGA; and
2. amendments to the Federal Law or NWT Law which implements the provisions of the FSGA.

Planning Assumptions:

• The GNWT may advise the DGG of its intent to prepare legislation or amendments to legislation pursuant to 2.5.1, and the GNWT and DGG may discuss the proposed legislation or amendments, in advance of the GNWT providing notice under Activity 1.
• The Legislative Proposal process would be complete, and the drafting of legislation or amendments to legislation would be initiated and substantially complete in advance of Activity 1.
• GNWT and DGG's Implementation Committee representative will have a coordinating role in these Activities.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.6.1 The GNWT shall Consult with the DGG when the GNWT is considering the creation of a local government on lands other than Settlement Lands in the Délînê District.

Related Clauses: 2.6.2, 2.6.3

Planning Assumption:

• MACA may advise the DGG of the upcoming consultation, and MACA and the DGG may discuss the matter informally, in advance of the GNWT providing notice under Activity 1.

Provisions Addressed:

2.6.2 Where the GNWT intends to create a local government in the Délînê District on lands other than Settlement Lands, the Parties shall consider whether the Jurisdictions and Authorities of the DGG as set out in the FSGA shall apply within the boundaries of the new local government and, where appropriate, amend the FSGA and the FA accordingly.

26.4.1 Notwithstanding 26.2, the Parties may agree at any time, in writing, to amend the FSGA.

26.4.2 Any amendment shall require the approval of the Parties as follows:

1. Canada shall give its approval by an order of the Governor in Council;
2. the GNWT shall give its approval by an order of the Commissioner in Executive Council; and,
3. the DGG shall give its approval by the means provided for in DGG Law and the Délînê Got'înê Æeæadó.

26.4.3 If Federal Law, NWT Law or DGG Law is required to give effect to an amendment to the FSGA, Canada, the GNWT or the DGG, as the case may be, shall recommend the necessary legislation to the Parliament of Canada, the Legislative Assembly of the NWT and the Délînê K'aowœdó Kœ and the amendment takes effect when the last required legislation comes into force.

Related Clauses: 2.6.1, 2.6.3, 26.4.5

Planning Assumptions:

• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities
• GNWT's Implementation Committee Representative may have a coordinating role for the GNWT's participation in these activities
• DGG's Implementation Committee Representative may have a coordinating role for the DGG's participation in these activities

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.6.3 Where the GNWT has created a new local government on lands other than Settlement Lands in the Délînê District, the GNWT shall Consult with the DGG prior to amending the boundary of that new local government.

Related Clauses: 2.6.1, 2.6.2

Planning Assumption:

• MACA may advise the DGG of the upcoming consultation, and MACA and the DGG may discuss the matter informally, in advance of the GNWT providing notice under Activity 1.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.10.1 In Consultation with the DGG, the GNWT may amend NWT core principles and objectives in relation to:

1. early childhood education;
2. Child and Family Services;
3. adoption
4. Social Housing; and
5. Income Support.

Related Clauses: 2.10.2, 2.10.3, 2.10.4, 2.10.5

Planning Assumption:

• ECE, HSS, and/or NWTHC may advise the DGG of the upcoming consultation, and the Department(s) concerned may discuss the matter with the DGG informally, in advance of the GNWT providing notice under Activity 1.

Provisions Addressed:

2.11.3 In the event of an inconsistency or Conflict between the Sahtu Dene and Metis Land Claim Settlement Act (Canada) or the SDMCLCA and the FSGA, the Sahtu Dene and Metis Land Claim Settlement Act (Canada) or the SDMCLCA, as the case may be, prevails to the extent of the inconsistency or Conflict.

2.11.4 To resolve the inconsistency or Conflict referred to in 2.11.3:

1. the Parties may agree to amend the FSGA in accordance with Chapter 26; or

Related Clauses: 26.4.1, 26.4.2, 26.4.3, 26.4.5

Planning Assumption:

• The Implementation Committee will have a coordinating role in these activities.

Provisions Addressed:

2.7.1 Where the Minister intends to give policy direction to the Sahtu Land and Water Board and the Mackenzie Valley Land and Water Board with respect to the use of land or water or the deposit of waste in the Délînê District, the Minister shall inform the DGG of the intention to give policy direction. The informing, and any subsequent communication which the DGG might send concerning the intended direction, will not by themselves, individually or together, give rise to or entail any duty or obligation:

1. to take any steps referred to in 1.1.1's definition of "Consultation"; or,
2. to undertake any other form, degree or element of consultation or accommodation; or,
3. otherwise engage in any further conduct whatsoever, in relation to the intended direction or in relation to the DGG.

Related Clauses: 1.1.1

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.13.1 After the Effective Date, prior to consenting to be bound by an International Treaty which would give rise to a new International Legal Obligation, compliance with which may adversely affect a right of the DGG, the DFN, or a DFN Citizen under the FSGA, Canada will Consult with the DGG with respect to the International Legal Obligation.

2.13.2 Canada shall conduct the Consultation referred to in 2.13.1 either separately or through a forum that Canada determines is appropriate.

Related Clauses: 2.13.3, 2.13.4, 2.13.5, 2.13.8

Planning Assumptions:

• Timing of activities will reflect sensitivity/urgency of the matter.
• Canada's Implementation Committee Representative will have a coordinating role in these activities.
• The DGG's Implementation Committee Representative will have a coordinating role in the DGG's participation in these activities.

Provisions Addressed:

2.13.3 Where Canada informs the DGG that it considers that a DGG Law or other exercise of power of the DGG causes Canada to be unable to perform an International Legal Obligation, the DGG and Canada will discuss remedial measures to enable Canada to perform the International Legal Obligation. Subject to 2.13.4, the DGG will remedy the DGG Law or other exercise of power to the extent necessary to enable Canada to perform the International Legal Obligation.

2.13.4 Subject to 2.13.6, where Canada and the DGG disagree over whether a DGG Law or other exercise of power of the DGG causes Canada to be unable to perform an International Legal Obligation or on remedial measures, the dispute will be resolved pursuant to chapter 27, and, if the dispute goes to arbitration or to court:

1. if the final decision maker, having taken into account all relevant considerations determines that the DGG Law or other exercise of power of the DGG does not cause Canada to be unable to perform the International Legal Obligation or that the remedial measures are sufficient to enable Canada to perform the International Legal Obligation, Canada will not take any further action for this reason aimed at changing the DGG Law or other exercise of power; or
2. if the final decision maker, having taken into account all relevant considerations determines that the DGG Law or other exercise of power of the DGG causes Canada to be unable to perform the International Legal Obligation or that the remedial measures are insufficient to enable Canada to perform the International Legal Obligation, the DGG will remedy the DGG Law or other exercise of power to the extent necessary to enable Canada to perform the International Legal Obligation.

Related Clauses: 2.13.1, 2.13.5, 2.13.7, 2.13.8

Planning Assumptions:

• Timing of activities will reflect sensitivity/urgency of the matter.
• Canada s Implementation Committee Representative will have a coordinating role for Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a coordinating role in the DGG's participation in these activities.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

2.13.5 Where a DGG Law or other exercise of power of the DGG has given rise to an issue concerning the performance of an International Legal Obligation of Canada before an International Tribunal, Canada will Consult the DGG with respect to the development of positions taken by Canada before an International Tribunal regarding the DGG Law or other exercise of power of the DGG. Canada's positions before the International Tribunal will take into account the commitment of the Parties to the integrity of the FSGA.

Related Clauses: 2.13.7, 2.13.8

Planning Assumptions:

• Timing of activities will reflect sensitivity/urgency of the matter.
• Canada's Implementation Committee Representative will have a coordinating role for Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a coordinating role in the DGG's participation in these activities.

Provisions Addressed:

2.13.6 Notwithstanding 2.13.4, if an International Tribunal concludes that there has been non-performance of an International Legal Obligation of Canada attributable to a DGG Law or other exercise of power of the DGG, the DGG will, at the request of Canada, remedy the DGG Law or action to the extent necessary to enable Canada to perform the International Legal Obligation consistent with the compliance of Canada with respect to that International Legal Obligation. The DGG and Canada will discuss the remedial measures necessary to enable Canada to perform the International Legal Obligation.

Related Clauses: 2.13.7, 2.13.8

Planning Assumptions:

• Timing of activities will reflect sensitivity/urgency of the matter.
• Canada's Implementation Committee Representative will have a coordinating role for Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a coordinating role in The DGG's participation in these activities.

Provisions Addressed:

2.14.1 If a court of competent jurisdiction finally determines any provision of the FSGA to be invalid or unenforceable:

1. the Parties shall make best efforts to amend the FSGA to remedy or replace the provision; and
2. the provision shall be severable from the FSGA to the extent of the invalidity or unenforceability and the remainder of the FSGA shall be construed, to the extent possible, to give effect to the intent of the Parties.

Related Clauses: 2.14.2, 2.14.3, 2.14.4, 26.4, 29.4.2

Planning Assumptions:

• Implementation Committee Representatives will be made aware of the negotiations and any resulting amendment and will coordinate the preparation of amendments as required.
• Depending on the nature of the matter, Canada's Implementation Committee Representative will have a lead or coordinating role for Canada's participation in the matter.
• Depending on the nature of the matter, the GNWT's Implementation Committee Representative will have a lead or coordinating role for GNWT's participation in the matter.
• The DGG's Implementation Committee Representative will have a coordinating role in the DGG's participation in these activities.

Provisions Addressed:

2.17.2 If the DGG requests disclosure of information from Canada or the GNWT, the request shall be evaluated as if it were a request by a province or a territory for disclosure of that information, but Canada and the GNWT are not required to disclose information to the DGG that would not be available to any or all provinces or territories.

2.17.3 Notwithstanding any other provision of the FSGA:

1. the Parties are not required to disclose any information that they are required or entitled to withhold under a privilege at law or under any Federal Law, NWT Law or DGG Law; and
2. where conditions are required for the disclosure of information under Federal Law, NWT Law or DGG Law, the Parties are not required to disclose that information unless the conditions are met.

Planning Assumption:

• Canada or the GNWT will provide reasons to the DGG, in writing, if information is not disclosed.

Provisions Addressed:

2.18.1 The Parties may agree that the performance in a particular instance of an obligation by a Party under the FSGA may be waived, provided the terms of the waiver, including its duration, are in writing and signed by the Parties.

Planning Assumptions:

• In agreeing upon a timeline under Activity 2 the Parties will consider the nature and urgency of the request and will agree upon timelines that respect the concerns of the Party requesting the waiver.
• The Implementation Committee will be made aware of any waivers agreed to by the Parties.

Provisions Addressed:

2.20.3 If no other address for delivery of a particular notice has been provided by a Party, a notice will be delivered or mailed to the address or transmitted to the facsimile number of the intended recipient as set out below:

For: Government of Canada
Attention: Minister of Indian Affairs and Northern Development
House of Commons
Room 583, Confederation Building
Ottawa, ON K1A 0A6
Facsimile Number: 819-953-4941

For: Government of the Northwest Territories
Attention: Minister of Aboriginal Affairs and Intergovernmental Relations
P.O. Box 1320
Yellowknife, NT X1A 2L9
Facsimile Number: 867-873-0385

For: Délînê Got'înê Government
Attention: Æekw'ahtîd£
Délînê, NT X0E 0G0
Facsimile Number: 867-589-8101

2.20.4 A Party may change its address or facsimile number by giving a notice of the change in writing to the other Parties.

Related Clauses: 2.20.1, 2.20.2

Provision Addressed:

3.7.1 The DGG shall:

1. maintain a public registry of the Délînê Got'înê Æeæadó and of all DGG Laws including amendments:
   1. in the English language, which shall be the authoritative version, and
   2. at the discretion of the DGG, in the North Slavey language, and
2. establish procedures for the entry into force of, publication of, and public access to DGG Laws.

Planning Assumptions:

• The format and preparatory work on the registry of laws is covered under the Pre-Effective Date Plan.
• Délînê has indicated that DGG Laws will be translated into North Slavey.

Provisions Addressed:

3.7.2 The DGG shall provide Canada and the GNWT with copies of all DGG Laws for information purposes.

Related Clause: 2.20.3

Provision Addressed:

3.7.3 As soon as practicable after the Effective Date, the DGG and the GNWT shall enter into discussions towards concluding a protocol on the subjects, timing, and the method by which the DGG will give the GNWT notice when contemplating the enactment of a DGG Law.

Provisions Addressed:

3.8.1 The DGG may delegate any of its Jurisdictions to another government, body or institution with the written agreement of the Parties.

3.8.4 A delegation under 3.8.1 to 3.8.3 must be in writing and agreed to by the person or entity receiving the delegation.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

6.1.4 The DGG may create exemptions to 6.1.3 b) where:

1. a Student has reached the age of sixteen (16) years and has been expelled from school;
2. the health, safety or delivery of education to that Student or other Students would be jeopardized by the presence of that Student in a regular instructional setting; and
3. there are other reasons as determined by the DGG in Consultation with the GNWT.

Related Clauses: 6.1.1, 6.1.3 b)

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

6.3.1 The GNWT shall Consult the DGG with respect to changes to:

1. the Curriculum Framework;
2. requirements for grade 12 graduation; and
3. requirements for NWT teacher certification.

Provision Addressed:

6.4.1 When the DGG exercises its Jurisdiction pursuant to 6.1.1, the DGG and the GNWT may enter into agreements on information sharing, including information on Student enrolment and Student records.

Related Clause: 6.1.1

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provision Addressed:

8.2.1 Where the DGG establishes Education Support Services, the DGG and the GNWT:

1. shall enter into negotiations to develop agreements to share information on persons receiving Education Support Services; and

Related Clause: 8.1.1

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provision Addressed:

8.2.1 Where the DGG establishes Education Support Services, the DGG and the GNWT:

2. may enter into agreements to harmonize and coordinate their Education Support Services.

Related Clause: 8.1.1

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provision Addressed:

9.1.7 Notwithstanding the geographic limit to the Jurisdiction of the DGG in 9.1.1 and 9.1.3, DGG Laws made pursuant to 9.1.1 and 9.1.3 may apply, by agreement between the DGG and the GNWT, outside the Community of Délînê in order to facilitate the delivery of services.

Related Clauses: 9.1.1, 9.1.2, 9.1.3, 9.1.4, 9.1.5, 9.2, 9.3

Planning Assumption:

• Laws will not extend outside of the Délînê District.

Provisions Addressed:

9.2.1 DGG Laws made pursuant to 9.1.1 and 9.1.3 shall provide for health and safety standards and technical codes regarding public works, community infrastructure and local services that are at least equivalent to federal and NWT health and safety standards and technical codes.

9.2.2 The GNWT shall confer with the DGG prior to amending or establishing standards and technical codes referred to in 9.2.1.

Related Clauses: 9.1.1, 9.1.3

Planning Assumption:

• Likely MACA, HSS or Public Works and Services would be the GNWT departments involved in these activities.

Provision Addressed:

10.3.1 The DGG shall provide copies of records of all adoptions occurring under DGG Law to the GNWT and Canada.

Related Clause: 2.19.1, 2.19.2, 2.19.4

Planning Assumptions:

• This Activity Sheet No. will be replaced by the information-sharing agreement negotiated pursuant to 10.3.2 (Sheet No. 10-2). The sheet No. is intended to cover the time period, if any, between the enactment of a DGG Law pursuant to 10.3.1 and the conclusion of the negotiation and implementation of the information-sharing agreement contemplated under 10.3.2.
• Records of non-DFN Citizen adoptions will not be forwarded to Canada.

Provision Addressed:

10.3.2 When the DGG exercises Jurisdiction pursuant to 10.1.1, the DGG and the GNWT shall enter into negotiations towards reaching information-sharing agreements that shall include:

1. how and to whom the DGG shall provide copies of records of all adoptions occurring under DGG Law to the GNWT;
2. the criteria the GNWT shall use when deciding whether notice is to be given to the DGG because a Child in the custody of the Director may be a DFN Citizen; and
3. how and to whom the Director shall:
   1. notify the DGG that the Director has lawful custody of a Child who is a DFN Citizen,
   2. provide the DGG any Plan for that Child's care that could result in an application to adopt that Child, and
   3. provide the DGG copies of the Director's records with respect to that Child.

Related Clauses: 10.1.1, 10.3.1, 10.4.1

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provisions Addressed:

11.1.1 At the request of the DGG, and provided that a DGG Law made pursuant to 11.2.1 is not in force, the GNWT and the DGG shall enter into negotiations toward reaching an agreement on:

1. the establishment of a Délînê Child and Family Services Agency;
2. the role of the Délînê Child and Family Services Agency, including its powers and duties;
3. how Child and Family Services will be delivered in the Délînê District;
4. qualifications and training for persons providing child protection services; and
5. any other matter agreed to by the DGG and the GNWT.

11.1.2 A Délînê Child and Family Services Agency established by an agreement reached pursuant to 11.1.1 shall have the ability to:

1. establish community standards for the protection and care of Children, that shall meet or exceed GNWT standards for the protection and care of Children;
2. establish certification requirements, that are in addition to GNWT certification requirements, for child protection workers; and
3. employ staff for the delivery of Child and Family Services.

11.2.1 Subject to 11.1.4, 11.2.3, and 11.2.7, the DGG has Jurisdiction in the Délînê District with respect to Child and Family Services.

Related Clauses: 11.1, 11.2.3, 11.3, 11.4, 11.5, 11.6, 11.7

Planning Assumption:

• Activities 6 and 7 may require the drafting or revision of NWT legislation.

Provision Addressed:

11.2.7 A DGG Law made pursuant to 11.2.1 shall not come into force until the DGG and the GNWT have entered into an agreement:

1. whereby the Director receives the Authorities described in 11.2.3;
2. that provides for procedures for protecting Children from abuse and harm and the threat of abuse and harm;
3. that provides for the indemnification of the Director by the DGG where the Director is acting pursuant to DGG Law; and
4. that addresses:
   1. co-operating on an inter-jurisdictional basis for the transfer of Children and the use of facilities both inside and outside the Délînê District; and
   2. information sharing and management.

Related Clauses: 11.2.1, 11.2.4, 11.2.5, 11.2.6, 11.3.1, 11.4, 11.5

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

11.2.8 The DGG shall Consult with the GNWT when developing or amending DGG Law made pursuant to 11.2.1.

Related Clauses: 3.6, 11.2.1, 11.2.2, 11.2.6 and 11.2.7

Planning Assumption:

• The protocol reached between the DGG and the GNWT pursuant to 3.7.3 may influence the timing of activities under this Activity Sheet No.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

11.2.1 Subject to 11.1.4, 11.2.3 and 11.2.7, the DGG has Jurisdiction in the Délînê District with respect to Child and Family Services.

11.6.1 Where the DGG has made laws pursuant to 11.2.1, and where the Director reasonably believes the ongoing and continuing ability of the DGG to act in the best interests of Children who require or may require protection is compromised, the Director shall Consult with the DGG on these concerns and the Director and the DGG shall attempt to resolve the Director's concerns.

Related Clauses: 11.2, 11.3, 11.4, 11.5, 11.6, 11.7.3, 11.7.4, 11.7.5, 11.7.6. 11.7.7, 11.8

Planning Assumptions:

• In order for the Director to have concerns that require consultation, DGG laws must be in force.
• If the Director reasonably believes that the ability of the DGG to act in the best interest of Children who require or may require protection is not compromised, the Director will notify the DGG in writing that no further action is required.
• Timing of activities reflects sensitivity/urgency of the matter.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

11.6.3 Based on the advice of the Director pursuant to 11.6.2, where the GNWT Minister reasonably believes the ongoing and continuing ability of the DGG to act in the best interests of Children who require or may require protection is compromised, the Minister shall Consult with the DGG on these concerns and the GNWT Minister and the DGG shall attempt to resolve the Minister's concerns.

11.6.4 Where Consultation pursuant to 11.6.3 has not resolved the Minister's concerns, the Minister, acting upon the direction of the Executive Council of the GNWT, shall give written notice to the other Parties of:

1. its continuing concerns;
2. the actions to be taken by the Minister; and
3. which NWT Laws, or provisions of NWT Laws, shall prevail in the event of a conflict with a DGG Law.

11.6.5 The Minister, acting upon the direction of the Executive Council of the GNWT, shall notify the other Parties when the concerns referred to in 11.6.4 have been resolved to the satisfaction of the Minister.

11.6.6 Where the Minister, acting upon the direction of the Executive Council of the GNWT, has provided notice to the other Parties pursuant to 11.6.5, the conflict provisions pursuant to 11.6.4 no longer apply and the conflict provisions pursuant to 11.7.1 shall take effect.

Related Clauses: 11.2, 11.3, 11.4, 11.5, 11.6.1, 11.6.2, 11.6.4, 11.6.5, 11.6.6, 11.6.7

Planning Assumptions:

• If the Minister reasonably believes that the ability of the DGG to act is not compromised, the GNWT Minister will notify the DGG in writing that no further action is required.
• Timing of activities reflects sensitivity/urgency of the matter.

Provisions Addressed:

13.1.1 No licence or approval of gaming or gambling in the Délînê District shall be issued without the written consent of the DGG.

13.1.2 The consent of the DGG pursuant to 13.1.1 may include terms and conditions, provided that any such terms and conditions are consistent with Federal Law and NWT Law.

Related Clause: 13.1.3

Planning Assumptions:

• The DGG and MACA may agree, through a Memorandum of Agreement or other form of agreement, to:
  • the delegation of authority for the approval and licencing of gaming and gambling activities in the Délînê District to the DGG; or
  • the pre-approval, by MACA, of certain routine types of gaming and gambling activities within the Délînê District
• 13.1.1 and 13.1.2, and the activities and planning assumptions set out in this Activity Sheet No. do not apply to lotteries that are inter-jurisdictional in scope.

Provision Addressed:

13.1.4 As soon as practicable after the Effective Date, the DGG and the GNWT shall enter into discussions towards concluding a protocol on how the GNWT and the DGG shall work together and keep each other informed on policy initiatives affecting gaming and gambling in the Délînê District.

Provisions Addressed:

14.2.1 At the request of the DGG, the DGG and the GNWT shall enter into negotiations toward reaching agreement on the role of the DGG in relation to the management, administration and delivery of NWT health care programs and services in the Délînê District.

14.2.2 Negotiations pursuant to 14.2.1 shall reflect the principle of maintaining the overall integrity of the NWT health care system.

Related Clauses: 14.1, 14.3.2, 14.3.3, 14.3.4

Planning Assumption:

• A potential requirement for a Minister's Establishment Order through regulations would have an impact on the timing of Activities 6 and 7.

Provisions Addressed:

14.2.3 At the request of the DGG, the DGG and Canada shall enter into negotiations toward reaching agreement on the role of the DGG over the management, administration and delivery of federal aboriginal health programs and services in the Délînê District

Related Clauses: 14.1, 14.3.2, 14.3.3, 14.3.4

Planning Assumptions:

• DGG and DIAND will advise HSS of the negotiations where existing funding/reporting is through the GNWT.
• Canada's Implementation Committee Representative will have a role in coordinating Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.
• Health Canada and the DGG will copy Canada's Implementation Committee Representative on correspondence they may have related to these activities.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

14.3.1 The GNWT shall Consult the DGG when proposing the creation or restructuring of a health authority in the Délînê District.

Related Clauses: 14.3.2, 14.3.3, 14.3.4

Provision Addressed:

14.3.4 In addition to the ongoing intergovernmental relationship among the Parties, the Parties shall meet at least once every two (2) years to:

1. discuss the delivery of health care programs in the Délînê District
2. discuss health care priorities; and
3. review any agreements reached pursuant to 14.2.1 and 14.2.3.

Related Clauses: 14.2.1, 14.2.3, 14.3.2

Planning Assumptions:

• The Parties shall keep minutes of the meetings and circulate among themselves as soon as practicable after the meetings.
• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.

Provision Addressed:

15.3.2 When the DGG exercises its Jurisdiction pursuant to 15.1, the DGG and the GNWT shall enter into agreements regarding the sharing of information to enable Social Housing clients to retain Social Housing benefits and any associated liabilities when transferring between a DGG Social Housing program and a GNWT Social Housing program.

Provision Addressed:

16.3.1 Where the DGG is providing Income Support to Clients in the Community of Délînê pursuant to 16.1.1, the DGG and the GNWT shall enter into negotiations towards reaching agreements for the sharing of information regarding those Clients.

Related Clause: 16.1.1

Provision Addressed:

17.5.1 The DGG is responsible for the prosecution of violations of a DGG Law before the courts of the NWT. The DGG shall:

1. appoint persons responsible for the prosecution of violations of DGG Law or enter into agreements with existing prosecution services; and
2. ensure that the prosecutorial services are consistent with standards of a public prosecutor for the prosecution of similar types of offences in Canada

Provisions Addressed:

17.10.1 The GNWT is responsible for administering fines or terms of probation and imprisonment imposed by the Territorial Court or the Supreme Court of the NWT for violations of DGG Law in the same manner as those imposed under Federal Laws and NWT Laws.

17.10.2 The GNWT shall pay to the DGG the proceeds of fines imposed by the Territorial Court or the Supreme Court of the NWT for violations of DGG Law.

17.10.3 The DGG is responsible for administering sanctions created under 17.3.4 and for the alternative measures established under 17.4.1.

Related Clause: 17.10.1

Provision Addressed:

17.12.1 Following the tenth anniversary of the FSGA and at a time agreed to by the Parties, the Parties shall consider whether to address the subjects of DGG courts and DGG correction services in the FSGA.

Related Clause: 29.4.2 f)

Planning Assumptions:

• Exploratory discussions may lead to negotiation of the subjects of DGG courts and DGG corrections, or the matter may be deferred.
• There are a number of subjects that the Parties may discuss/negotiate following the tenth anniversary of the FSGA, including courts and corrections, guardianship and trusteeship, wills and estates and marriage. The Parties may discuss/negotiate these subject matters separately, at different times, or they may discuss/negotiate one or more, or all, of these subject matters together, as part of a larger process.
• The Implementation Committee will be informed of the discussions/negotiations and the outcome.
• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.
• The Parties may hold one or more meetings under Activity 3.

Provision Addressed:

20.1.1 Following the tenth anniversary of the Effective Date and at a time agreed to by the Parties, the Parties shall address the subject of marriage.

Related Clause: 29.4.2 f)

Planning Assumptions:

• Exploratory discussions may lead to negotiation of the subject of marriage, or the matter may be deferred.
• There are a number of subjects that the Parties may discuss/negotiate following the tenth anniversary of the FSGA, including courts and corrections, guardianship and trusteeship, wills and estates and marriage. The Parties may discuss/negotiate these matters separately, at different times, or they may discuss/negotiate one or more, or all, of these subject matters together, as part of a larger process.
• The Implementation Committee will be informed of the discussions/negotiations and the outcome.
• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.
• The Parties may hold one or more meetings under Activity 3.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

21.1.6 Before giving a policy direction to the Sahtu Land and Water Board and the Mackenzie Valley Land and Water Board or making any DGG Law, in respect of the use of Settlement Lands, the DGG shall Consult the Minister and the Sahtu Land and Water Board and the Mackenzie Valley Land and Water Board.

Related Clauses: 21.1.1, 21.1.2, 21.1.3, 21.1.4

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

21.1.7 The Sahtu Land and Water Board and the Mackenzie Valley Land and Water Board shall Consult the DGG before issuing, amending or renewing any license, permit or authorization for a use of Settlement Lands or waters overlying those lands.

Related Clauses: 21.1.1, 21.1.2, 21.1.3

Provisions Addressed:

23.2.1 As soon as practicable after the Effective Date, the GNWT and the DGG shall enter into discussions towards concluding a protocol on how both governments will work together to promote economic development and tourism in the Délînê District.

32.2.2 The protocol pursuant to 23.2.1 may address how the GNWT and the DGG, in the exercise of their respective Jurisdictions and Authorities, can coordinate or harmonize existing or planned economic development or tourism initiatives.

Provision Addressed:

24.1.1 Following the tenth anniversary of the Effective Date and at a time agreed to by the Parties, the Parties shall address the subjects of trusteeship and guardianship.

Related Clause: 29.4.2 f)

Planning Assumptions:

• Exploratory discussions may lead to negotiation of the subjects of trusteesdhip and guardinaship, or the matter may be deferred.
• There are a number of subjects that the Parties may discuss/negotiate following the tenth anniversary of the Effective Date, including courts and corrections, guardianship and trusteeship, wills and estates and marriage. The Parties may discuss/negotiate these subject matters separately, at different times, or they may discuss/negotiate one or more, or all, of these subject matters together, as part of a larger process.
• The Implementation Committee will be informed of the discussions/negotiations and the outcome.
• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.
• The Parties may hold one or more meetings under Activity 3.

Provision Addressed:

25.1.1 Following the tenth anniversary of the Effective Date and at a time agreed to by the Parties, the Parties shall address the subjects of wills and estates.

Related Clause: 29.4.2 f), 25.1.2

Planning Assumptions:

• Exploratory discussions may lead to negotiation of the subjects of wills and estates, or the matter may be deferred.
• There are a number of subjects that the Parties may discuss/negotiate following the tenth anniversary of the Effective Date, including courts and corrections, guardianship and trusteeship, wills and estates and marriage. The Parties may discuss/negotiate these subject matters separately, at different times, or they may discuss/negotiate one or more, or all, of these subject matters together, as part of a larger process.
• The Implementation Committee will be informed of the discussions/negotiations and the outcome.
• Canada's Implementation Committee Representative will have a coordinating role in Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.
• The Parties may hold one or more meetings under Activity 3.

Provisions Addressed:

26.2.1 A Party may request a review of any part of the FSGA by notice in writing to the other Parties stating the part of the FSGA proposed to be reviewed. The notice shall include the reasons for requesting the review and may include proposed amendments to the FSGA.

26.2.2 Upon receipt of a request for review pursuant to 26.2.1, the Parties shall, within sixty (60) days, meet to provide the Party requesting a review the opportunity to express its interests regarding the proposed review.

26.2.3 The Parties shall consider in good faith a request for review made pursuant to 26.2.1 and, within ninety (90) days of the date of the request for review, respond in writing to the other Parties by:

1. agreeing to the review and identifying an individual who will be the Party's representative on a review committee; or
2. refusing the request for review and providing reasons for the refusal.

26.2.4 Where the Parties agree to a request for review:

1. the review committee shall convene its first meeting no later than sixty (60) days after the identification of the Parties' representatives;
2. the review committee shall, in good faith, discuss the issues raised by the Parties, attempt to reach agreement and prepare a written report for the Parties;
3. the report shall describe the issues raised and the positions of the Parties, and may contain recommendations, including minority recommendations and suggested amendments to the FSGA; and
4. the report shall be submitted to the Parties within four (4) months of the first meeting of the review committee.

26.2.5 Within three (3) months of receipt of the report, or such longer time as the Parties may agree, the Parties shall meet to discuss the report and attempt to reach agreement with respect to the recommendations and on any other relevant issues.

26.2.6 The Parties may agree to abridge or extend the time periods set out in 26.2.

Related Clauses: 26.3.1, 29.4.2 f), 2.3.3

Planning Assumptions:

• Where the Parties agree to abridge or extend the time periods set out for a review in 26.2 of the FSGA, they will confirm these revisions in writing and amend the terms of reference accordingly.
• The terms of reference will contain the following details:
  • scope of the review
  • draft schedule for completion of the review
  • roles and responsibilities of the reviewers
  • parameters of the review
• The Implementation Committee will have a coordinating role and will be made aware of the results of the review.
• Canada's Implementation Committee Representative will lead Canada's participation in these activities
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.

Provisions Addressed:

26.4.1 Notwithstanding 26.2, the Parties may agree at any time, in writing, to amend the FSGA.

26.4.2 Any amendment shall require the approval of the Parties as follows:

1. Canada shall give its approval by an order of the Governor in Council;
2. the GNWT shall give its approval by an order of the Commissioner in Executive Council; and,
3. the DGG shall give its approval by the means provided for in DGG Law and the DFN Délînê Got'înê Æeæadó.

26.4.3 If Federal Law, NWT Law or DGG Law is required to give effect to an amendment to the FSGA, Canada, the GNWT or the DGG, as the case may be, shall recommend the necessary legislation to the Parliament of Canada, the Legislative Assembly of the NWT and the Délînê K'aowœdó Kœ and the amendment takes effect when the last required legislation comes into force.

26.4.5 Where an amendment to the FSGA does not require legislation, the amendment takes effect on a date agreed to by the Parties, but if no date is set, on the date that the last Party gave its approval to the amendment.

Related Clauses: 2.3.3, 2.9, 2.10.4 a), 2.12, 29.4.2 e) and f)

Planning Assumptions:

• The Implementation Committee will have a coordinating role in the amendment process.
• The Implementation Committee will be advised of the representatives identified to participate in the discussions/negotiations under Activity 2.
• All Parties must approve the French and English versions of the amendment.
• The DGG will prepare and approve the North Slavey version of any amendments to the FSGA.
• Canada's Implementation Committee Representative will lead Canada's participation in these activities.
• The DGG's Implementation Committee Representative will have a role in coordinating the DGG's participation in these activities.

Provisions Addressed:

1.1 "Consult" and "Consultation" means:

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

26.4.3 If Federal Law, NWT Law or DGG Law is required to give effect to an amendment to the FSGA, Canada, the GNWT or the DGG, as the case may be, shall recommend the necessary legislation to the Parliament of Canada, the Legislative Assembly of the NWT and the Délînê K'aowœdó Kœ and the amendment takes effect when the last required legislation comes into force.

26.4.4 The Parties shall Consult with each other in the preparation of any legislation referred to in 26.4.3.

Related Clause: 29.4.2 f)

Planning Assumptions:

• A Party or Parties' Implementation Committee Representative may have a coordinating role in these activities.
• The Implementation Committee will be advised of the legislation.

Provisions Addressed:

26.5.1 Schedule B may be amended by agreement between the DGG and the GNWT.

26.5.2 The DGG and the GNWT shall provide written notification to Canada of any amendment to schedule B.

Provisions Addressed:

26.5.3 After Consulting with Canada, schedule C and appendices to schedule C may be amended by agreement between the DGG and the GNWT.

Related Clause: 1.1 "Consult" and "Consultation"

Planning Assumptions:

• Prior to providing notice under Activity 1, the DGG and the GNWT will have agreed to the text of the amendment to schedule C.
• Where the written agreement amending schedule C involves the subsequent resurvey of any lands listed under an appendix to schedule C, the GNWT and the DGG will provide Canada with written confirmation of the legal description of the resurveyed lands.

Provisions Addressed:

27.1.5 Prior to invoking the dispute resolution process set out in this chapter, the Parties shall negotiate in good faith, and attempt to resolve a dispute arising out of the interpretation, application, application or implementation of the FSGA.

27.3.1 No Party shall commence legal proceedings in respect of a dispute arising out of the interpretation, application or implementation of the FSGA without first complying with the negotiation and mediation processes set out in this chapter.

27.3.2 Prior to commencing legal proceedings referred to in 27.3.1, a Party shall provide thirty (30) days written notice to the other Parties.

Related Clauses: 27.1.4, 27.1.6, 27.2.1, 27.5, 27.6, 27.8

Planning Assumptions:

• When sharing information under Activity 4, there shall be the same information as provided under 27.4.1.
• The Implementation Committee Representative for a Party involved in a dispute may have a coordinating role for their respective government's participation in these activities.

Provisions Addressed:

27.2.1 Any notice required pursuant to this chapter shall be delivered personally or transmitted by facsimile or other means of electronic transmission.

27.4.1 A Party may invoke this dispute resolution process with written notice to the other Parties which shall:

1. identify the Parties to the dispute; and
2. include a brief statement of the nature of the dispute.

27.4.2 The Party invoking the dispute resolution process and the Party or Parties identified in 27.4.1a) thereupon becomes Disputants and shall, within thirty (30) days of the receipt of the notice referred to in 27.4.1, identify to the other Disputants the name of its representative.

Related Clauses: 27.5.1, 27.5.4, 27.4.3

Planning Assumptions:

• Prior to invoking the dispute resolution process, the Implementation Committee Representatives for the Parties to a dispute will, where appropriate, discuss and attempt to resolve the issue.
• The Implementation Committee Representative for a Party to the dispute may have a coordinating role for their respective government in these activities.

Provisions Addressed:

27.3.2 Prior to commencing legal proceedings referred to in 27.3.1, a Party shall provide thirty (30) days written notice to the other Parties.

27.4.1 A Party may invoke this dispute resolution process with written notice to the other Parties which shall:

1. identify the Parties to the dispute; and
2. include a brief statement of the nature of the dispute.

27.4.2 The Party invoking the dispute resolution process and the Party or Parties identified in 27.4.1a) thereupon become Disputants and shall, within thirty (30) days of the receipt of the notice referred to in 27.4.1, identify to the other Disputants the name of its representative.

27.4.3. A Party that is not identified in 27.4.1a) may become a Disputant by giving written notice forthwith to the other Parties.

27.5.1 Within sixty (60) days of receipt of notice referred to in 27.4.1 the Disputants shall attempt to agree on a mediator.

27.5.2 Where the Disputants agree upon a mediator, they shall jointly appoint the mediator and the mediation shall commence within forty (40) days of the appointment of the mediator.

27.5.3 Where the Disputants have not agreed on a mediator, the Disputants shall apply for a mediator to be appointed by the Supreme Court of the NWT.

27.5.4 Where a dispute is referred to mediation, the Disputants shall:

1. participate in good faith in the mediation process;
2. each name representatives who shall have the authority, or direct access to a person with the authority, to settle the dispute;
3. meet with the mediator at a time and place set by the mediator;
4. bear their own costs of the mediation and, unless otherwise agreed, share equally all other costs of the mediation; and
5. attend the mediation for at least four (4) hours.

27.5.5 Unless the Disputants otherwise agree, the mediation shall conclude within thirty (30) days from the initial meeting of the Disputants with the mediator.

27.5.6 The mediator shall forthwith issue a report which states whether the dispute was settled or not.

27.5.7 If the dispute is not settled, the Disputants may, with the written consent of each of the Disputants, refer the issues in dispute to arbitration as set out in 27.6. If there is no consent, any Disputant may commence legal proceedings with notice referred to in 27.3.2.

Related Clauses: 27.6.1, 27.9.1

Planning Assumption:

• The Implementation Committee Representative for a Party to the dispute may have a coordinating role for their respective government in these activities.

Provisions Addressed:

27.5.7 If the dispute is not settled, the Disputants may, with the written consent of each of the Disputants, refer the issues in dispute to arbitration as set out in 27.6. If there is no consent, any Disputant may commence legal proceedings with notice referred to in 27.3.2.

27.6.1 Within sixty (60) days of the referral to arbitration pursuant to 27.5.7, the Disputants shall attempt to agree on an arbitrator.

27.6.2 Where the Disputants agree upon an arbitrator, they shall jointly appoint the arbitrator and the arbitration shall commence within sixty (60) days of the appointment of the arbitrator.

27.6.3 Where the Disputants have not agreed on an arbitrator, the Disputants shall apply for an arbitrator to be appointed by the Supreme Court of the NWT.

27.6.4 The Disputants may agree to ask the mediator selected or appointed under 27.5 to act as the arbitrator.

27.6.6 An arbitrator may not question the validity of, amend or delete any provision of the FSGA.

27.6.7 The dispute shall be resolved by a single arbitrator who, unless the Disputants otherwise agree:

1. shall decide the process and procedures for the arbitration;
2. shall decide the issues submitted to arbitration;
3. shall determine questions of law or jurisdiction or may refer such questions to the Supreme Court of the NWT;
4. shall determine all questions of fact and of procedure, including the method of giving evidence;
5. may provide interim relief;
6. may provide for the payment of interest and costs;
7. may subpoena witnesses and order production of documents;
8. shall administer oaths or affirmations to witnesses; and
9. shall correct clerical errors in orders and arbitration awards.

27.6.8 The arbitrator shall make a written decision, including reasons and a recital of the facts upon which the decision is based, within sixty (60) days of the termination of the arbitration hearings, unless the Disputants agree to an extension of time.

27.6.9 The arbitrator shall provide a copy of the written decision to the Parties.

27.6.10 Each Party shall make the arbitrator's written decision available to the public on request.

27.6.11 The decision of the arbitrator is final and binding on the Parties and shall not be challenged by appeal or review in any court except on the ground that the arbitrator erred in law or exceeded his or her jurisdiction.

27.6.13 Unless otherwise agreed by the Disputants or ordered by the arbitrator, each Disputant shall bear its own costs of the arbitration and an equal share of the other costs of the arbitration.

27.6.14 A Disputant may, after the expiration of fourteen (14) days from the date of the release of an arbitration decision, award or order, or from the date set by the arbitrator for compliance, whichever is the later, file in the Registry of the Supreme Court of the NWT a copy of the decision, award or order and it shall be entered as if it were a decision or order of that Court and on being entered shall be deemed, for all purposes except an appeal from the decision, award or order, to be an order of the Supreme Court of the NWT and enforceable as such.

27.6.15 The record of an arbitration process is admissible as evidence in court.

Related Clauses: 27.6.12, 27.8.1, 27.7.1, 27.7.2

Planning Assumption:

• The Implementation Committee Representative for a Party to the dispute may have a coordinating role for their respective government in these activities.

Provisions Addressed:

29.4.1 The Parties shall:

1. establish an implementation committee within sixty (60) days of the Effective Date; and
2. each appoint one (1) representative to the implementation committee.

Related Clauses: 29.4.2, 29.4.3, 31.2, 31.3, 31.4

Planning Assumptions:

• The Implementation Committee will follow the guidelines related to its duties and operations, as described in Annex C of the Implementation Plan
• The federal law which implements the FSGA pursuant to 31.4.1 c) will provide for an Effective Date to be set by federal Order-in-Council and the implementation committee will be established within 60 days following the Effective Date as set out in the Order-in-Council.

Provisions Addressed:

• The GNWT shall transfer Commissioner's Lands in the Community of Délînê in accordance with the terms and conditions set out in schedule C.