Nunavut Lands and Resources Devolution Agreement

Headings and Internal References

1.2 The headings used in this Agreement and its division into chapters, sections, subsections, paragraphs, subparagraphs and other subdivisions do not affect its interpretation. Unless the context otherwise requires, references in this Agreement to chapters, sections, subsections, paragraphs, subparagraphs and other subdivisions are to those parts of this Agreement.

Reference to Statute

1.3 Unless otherwise specified, any reference in this Agreement to any statute includes all regulations and subordinate Legislation made under that statute.

1.4 Unless otherwise specified, references to Legislation are to be construed as a reference to that Legislation as amended, modified, restated, supplemented, extended, re-enacted, replaced or superseded at any time.

Number

1.5 Unless the context requires otherwise, words importing the singular number include the plural and vice versa.

Use of Term "Including"

1.6 Unless otherwise specified, use of the word "including" means "including without limitation," and use of the word "includes" means "includes without limitation."

Reference to a Party

1.7 A reference to one Party or two Parties in a provision of this Agreement shall not be interpreted as implying or inferring any obligation on or acknowledgment by any Party not mentioned in that provision.

Calculation of Time

1.8 Unless otherwise specified in this Agreement, time periods within which or following which any calculation or payment is to be made or action is to be taken, shall be calculated by excluding the day on which the period begins and including the day on which the period ends. If the last day of a time period is not a Business Day, the time period shall end on the next Business Day.

Appendices

1.9 The following appendices are attached hereto and form part of this Agreement:

Appendix 1 –

Contacts for Notices

Appendix 2 –

List of Government Obligations

Appendix 3 –

Inventory of Exclusions

Appendix 4 –

Inventory of Sites (Interim Inventory of Sites then the Final Inventory of Sites once the Interim Inventory of Sites is replaced as contemplated in section 6.9)

Appendix 5 –

Terms of Reference for ISMC

Appendix 6 –

Post-Devolution Strategy

Appendix 7 –

Listed Federal Buildings and Properties and Owned Staff Housing Units

Appendix 8 –

Preliminary List of Office Leases and Leased Staff Housing Units

Appendix 9 –

Expected GN Implementation Activities Between the Effective Date and the Transfer Date and Infrastructure Projects

Appendix 10 –

Expected NTI Implementation Activities Between the Effective Date and the Transfer Date

1.10 The following appendices attached hereto do not form part of this Agreement and are for information purposes only:

Appendix 11 –

Protocol for Review of Devolution Legislation and Nunavut Agreement Amendment

Appendix 12 –

Nunavut Agreement for Coordination and Cooperation with respect to Onshore and Offshore Petroleum Resources

Appendix 13 –

Agreement for Coordination and Cooperation with respect to Lands Management in Nunavut

Appendix 14 –

Implementation Planning Committee Terms of Reference

Conflict of Provisions

1.11 If there is an inconsistency or conflict between a provision of this Agreement and a provision of an appendix, the provision of this Agreement shall prevail.

Constitution of Canada

2.1 Nothing in this Agreement shall be construed so as to give the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867, with respect to similar classes of subjects described in those sections.

2.2 The Legislature will not have the authority to make laws in relation to matters within class 24 of section 91 of the Constitution Act, 1867, except to the extent that such authority is:

1. provided to the Legislature by federal Legislation for the purposes of implementing Land Claims Agreements or Self-Government Agreements; or
2. already given to the Legislature on the date this Agreement is signed.

Paramountcy

2.3 Nothing in this Agreement shall be construed so as to prevent an Act of Parliament from prevailing over territorial Legislation to the extent of any conflict between them.

Indemnities

2.4 The GN shall indemnify the GC, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against the GC, or any of its employees or agents, arising out of any acts or omissions of the GN, its employees or agents, occurring:

1. following the Transfer Date, in respect of land under the administration and control of the Commissioner, except Commissioner's Lands;
2. following the Transfer Date, in respect of Existing Interests;
3. following the Transfer Date, in respect of rights in respect of Waters;
4. in respect of any security assigned to the GN pursuant to this Agreement;
5. in respect of Records copied, loaned or transferred pursuant to this Agreement, unless such an act or omission is required pursuant to this Agreement; or
6. in respect of Remediation performed pursuant to this Agreement.

2.5 The GN shall indemnify the GC against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against the GC arising out of a failure by the GN to meet its obligations under this Agreement in respect of any Affected Federal Employee or Appointed Employee.

2.6 The GC shall indemnify the GN, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that may be reasonably incurred in respect of any claim, action or other proceeding brought against the GN, or any of its employees or agents, arising out of any acts or omissions of the GC, its employees or agents, occurring:

1. in respect of Public Lands or any land the administration and control of which is transferred by the GC to the Commissioner following the Transfer Date, where the act or omission occurred prior to the date the Commissioner received the administration and control of the land;
2. prior to the Transfer Date, in respect of Existing Interests;
3. prior to the Transfer Date, in respect of rights in respect of Waters;
4. in respect of the taking of administration and control of land from the Commissioner pursuant to section 3.34 or the making of a prohibition order pursuant to section 3.36;
5. in respect of any security required to be assigned to the GN pursuant to this Agreement;
6. in respect of Records transferred to the GN pursuant to this Agreement; or
7. in respect of Remediation performed pursuant to this Agreement.

2.7 The GC or the GN, or any of their employees or agents, shall not be entitled to be indemnified under section 2.4, 2.5 or 2.6 if the claim, action or proceeding was settled out of court without the written consent of the Party that is required to provide the indemnity referred to in each of these sections.

Appropriation of Funds

2.8 The GC's obligations to pay any amount of money pursuant to this Agreement, including any amount contemplated in Chapter 10 of this Agreement, shall be at all times subject to the appropriation of funds by Parliament.

2.9 The GN's obligations to pay any amount pursuant to this Agreement shall at all times be subject to the appropriation of funds by the Legislature and the requirement for a sufficient uncommitted balance of the appropriated item for the fiscal year in which the expenditure is required.

Northwest Territories Oil and Gas Accord

2.10 Consistent with and complementary to section 2.16 of the Northwest Territories Lands and Resources Devolution Agreement, to the extent that the provisions of this Agreement relate to Oil and Gas resources, such provisions:

1. constitute a component of, but not the entirety of, the Northwest Territories Oil and Gas Accord referred to in Annex I–C–25 of the North American Free Trade Agreement, Reservation I–C–14 of the Canada–United States–Mexico Agreement, and any equivalent reservation under any of Canada's other free trade agreements or foreign investment promotion and protection agreements; and
2. include measures implementing the Northwest Territories Oil and Gas Accord that apply to or are adopted by Nunavut as the successor territory to the Northwest Territories;

For greater certainty, the conclusion of this component of the Northwest Territories Oil and Gas Accord is without prejudice to the conclusion of other components relating to subject matters originally contemplated as being included in such Accord but not settled in this Agreement.

Nunavut Boundary

2.11 The Parties acknowledge and agree that this Agreement is concluded without prejudice to any position of any Party with respect to the interpretation of the boundaries of Nunavut as described in section 3 of the Nunavut Act (Canada).

Other Programs

2.12 Nothing in this Agreement shall preclude a person from being eligible to participate in any federal or territorial programs, inclusive of the financial benefits related to such programs, in accordance with applicable program criteria, as such programs may exist from time to time.

2.13 Nothing in this Agreement shall affect the eligibility of:

1. Inuit, NTI and the Designated Inuit Organizations;
2. other Indigenous Peoples or organizations; or
3. the GN;

to receive or benefit from federal programs, federal grants or federal contributions related to land and resource management in accordance with applicable criteria, as such programs, grants and contributions may exist from time to time.

Effective Date of this Agreement

2.14 This Agreement shall take effect on the Effective Date.

Governing Law

2.15 This Agreement shall be governed and construed in accordance with the laws of Nunavut and the laws of Canada as applicable.

Jurisdiction of Nunavut Court of Justice

2.16 The Nunavut Court of Justice shall have jurisdiction in respect of any action or proceeding arising out of this Agreement.

2.17 Nothing in section 2.16 shall be construed so as to limit the jurisdiction of any other court, including the Federal Court of Canada, as such jurisdiction may be set forth from time to time in Legislation establishing such a court.

Conflict with Land Claims Agreements

2.18 In the event of an inconsistency or conflict between this Agreement and the Nunavut Agreement, any other Settlement Agreement, Self-Government Agreement or any other Land Claims Agreement, the Nunavut Agreement, the Settlement Agreement, the Self-Government Agreement or the other Land Claims Agreement, as the case may be, shall prevail to the extent of the inconsistency or conflict.

Further Assurances

2.19 The Parties shall with reasonable diligence do all things and provide such further documents or instruments as may be reasonably necessary or desirable to give effect to this Agreement and to carry out its provisions.

Severability

2.20 Unless otherwise determined by a court of competent jurisdiction, if any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be considered by any of the Parties to be affected or impaired.

2.21 If a court of competent jurisdiction finally determines that any provision of this Agreement is invalid, illegal or unenforceable, the Parties shall make their best efforts to amend this Agreement to remedy or replace the provision having regard to the intent expressed in the provision.

Waiver

2.22 No waiver of satisfaction of a condition or non-performance of an obligation under this Agreement is effective unless it is in writing and signed by the party granting the waiver. No waiver under this section affects the exercise of any other rights or obligations under this Agreement.

Amendment

2.23 Except where otherwise provided in this Agreement, the provisions of this Agreement may be amended but only if such amendment is made by the Parties and reflected in a written agreement between them.

Counterparts

2.24 This Agreement may be signed in any number of counterparts, each of which shall be an original, and all of which taken together shall constitute one single document. Counterparts may be transmitted in electronic scanned form and each such transmitted counterpart shall be deemed to be an original. Parties transmitting electronically shall also deliver an original counterpart to the other Parties, but failure to do so shall have no effect on the validity this Agreement.

Notices and Communications

2.25 Any notice to be given or communication made to a Party pursuant to this Agreement shall be in writing and shall be effectively given or made if delivered:

1. personally, either to the individual designated for such Party in a schedule in this Agreement, or to an individual having apparent authority to accept deliveries on behalf of such individual at its address set out in a schedule to this Agreement; or
2. by electronic mail, at or to the applicable addresses or electronic mail addresses, set out opposite the Party's name set out in Appendix 1 to this Agreement or at or to such other address or electronic mail address for a Party as such Party from time to time designates to the other Parties in the same manner.

2.26 A notice or communication will be considered to have been effectively given or made:

1. if delivered by hand during business hours on a Business Day, upon receipt by the individual designated for that Party in Appendix 1 to this Agreement, or to an individual having apparent authority to accept deliveries on behalf of that individual at its address set out in Appendix 1 to this Agreement, and if not delivered during business hours, upon the commencement of business on the next Business Day; or
2. if sent by electronic mail, on the day the sender receives delivery notification by return electronic mail, if that day is a Business Day and if the confirmation was received prior to 5:00 p.m. local time in the place of delivery or receipt, and otherwise, on the next Business Day.

Interpretation and Aboriginal Rights and Interests

2.27 This Agreement shall be interpreted in a manner consistent with the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 and for greater certainty, nothing in this Agreement or its implementing Legislation, shall be construed so as to abrogate or derogate from, or to limit or restrict in any manner:

1. the Constitution of Canada;
2. any Aboriginal or treaty right recognized and affirmed under section 35 of the Constitution Act, 1982;
3. any fiduciary duty or obligation of the Crown to Indigenous Peoples, including any obligation arising from the Constitution of Canada; or
4. any executive, prerogative or statutory powers or any legislative authority of the GC, Parliament, the GN or the Legislature, as the case may be, to affect rights referred to in subsection 2.27(b) or 2.27(c) in a manner consistent with the Constitution Act, 1982.

2.28 This Agreement shall not delay, impair or impede any treaty, land claims or self-government negotiation processes with Indigenous Peoples having or asserting rights in Nunavut in progress at the Effective Date of this Agreement, and the settlement of such negotiation processes, within the policies and mandates given to their respective officials to negotiate such agreements from time to time, shall remain a matter of high priority of the GC and the GN.

2.29 Nothing in this Agreement shall be construed so as to preclude any person from advocating before the courts any position on the existence, nature or scope of any Aboriginal or treaty right of Indigenous Peoples, or of any fiduciary obligation, or any other constitutional obligation, to Indigenous Peoples.

2.30 This Agreement is an agreement for the devolution or transfer of jurisdiction from GC to GN within the meaning of section 2.10.2 of the Nunavut Agreement.

Settlement Agreements

2.31 As soon as practicable following the Effective Date but no later than six months following the Effective Date, the GC and the GN shall jointly enter into discussions with each Indigenous party to a Settlement Agreement for purpose of:

1. identifying government obligations under such Settlement Agreement affected by the transfer of administration and control of Public Lands and rights in respect of Waters to the Commissioner pursuant to this Agreement; and
2. developing a schedule allocating responsibility for those government obligations identified in subsection 2.31(a) to the GN, the GC or both the GN and the GC.

2.32 As soon as practicable after the signing of this Agreement but no later than 6 months after the signing of this Agreement, the GC and the GN shall jointly enter into discussions with Ghotelnene K'odtįneh Dene for purpose of:

1. identifying government obligations under the draft Land Claims Agreement with Ghotelnene K'odtįneh Dene affected by the transfer of administration and control of Public Lands and rights in respect of Waters to the Commissioner pursuant to this Agreement; and
2. developing a schedule allocating responsibility for those government obligations identified in subsection 2.32(a) to the GN, the GC or both the GN and the GC.

2.33 As soon as practicable after the signing of this Agreement but no later than 6 months after the signing of this Agreement, the GC and the GN shall jointly enter into discussions with the Athabasca Denesųłiné for purpose of:

1. identifying government obligations under the draft Land Claims Agreement with the Athabasca Denesųłiné affected by the transfer of administration and control of Public Lands and rights in respect of Waters to the Commissioner pursuant to this Agreement; and
2. developing a schedule allocating responsibility for those government obligations identified in subsection 2.33(a) to the GN, the GC or both the GN and the GC.

2.34 The schedules referred to in subsection 2.31(b), 2.32(b) and 2.33(b) shall be appended as Appendix 2 and shall form part of this Agreement.

2.35 As of the Transfer Date the GN and the GC shall be responsible for fulfilling government obligations in accordance with the allocation of such obligations set out in Appendix 2.

Languages of this Agreement

2.36 There shall be Inuktut, English and French versions of this Agreement. The English and French versions shall be the authoritative versions and shall each be equally authoritative.

Administration and Control of Public Lands and Rights in Respect of Waters

3.1 As of the Transfer Date the Commissioner shall have administration and control of Public Lands and rights in respect of Waters.

3.2 Notwithstanding the transfer under section 3.1, Public Lands and rights in respect of Waters belonging to His Majesty the King in right of Canada at the Transfer Date shall continue to belong to His Majesty the King in right of Canada.

3.3 For greater certainty, the Public Lands and rights in respect of Waters referred to in section 3.2 are, as of the Effective Date, subject to outstanding claims related to Aboriginal rights, including Aboriginal title, and treaty rights.

Existing Rights

3.4 The transfer of the administration and control of Public Lands and rights in respect of Waters to the Commissioner referred to in section 3.1 shall not affect:

1. any existing right or interest or trust, including any Existing Interest, in respect of Public Lands; or
2. any existing right, including any Existing Interest, in respect of Waters.

Exercise of Administration and Control

3.5 The administration of Public Lands and rights in respect of Waters by the Commissioner shall be exercised in a manner consistent with the terms and conditions of this Agreement.

3.6 Without limiting the generality of section 3.1, as of the Transfer Date, the Commissioner may, subject to the terms and conditions of this Agreement, use, sell or otherwise dispose of the entire or any lesser interest in Public Lands and retain the proceeds of their use, sale or disposition, and may exercise rights in respect of Waters, or sell or otherwise dispose of them and retain the proceeds of their exercise, sale or disposition.

Legislation and Legislative Authorities

3.7 As soon as practicable, the GC shall introduce into Parliament and support as a government measure Legislation necessary to:

1. repeal and replace or amend the Nunavut Act (Canada) in order to provide that:
   1. the Commissioner has the administration and control of Public Lands and of rights in respect of Waters;
   2. the Legislature has the authority to make laws in relation to Public Lands, Waters, and the disposition of any right or interest in Public Lands or of any right in respect of Waters;
   3. the Legislature may make laws in relation to:
      1. the exploration for non-renewable natural resources in the Onshore;
      2. the development, conservation and management of non-renewable natural resources in the Onshore, including laws in relation to the rate of primary production from those resources;
      3. the development, conservation and management of sites and facilities in the Onshore for the generation and production of electrical energy;
      4. oil and gas pipelines located entirely in the Onshore;
      5. the export, from Nunavut to another part of Canada, of the primary production from non-renewable natural resources in the Onshore, and of electrical energy generated or produced from facilities in the Onshore; and
      6. the raising of money by any mode of taxation in respect of non-renewable natural resources in the Onshore and the primary production from those resources and in respect of sites and facilities referred to in subparagraph 3.7(a)(iii)(C) and the production of electrical energy from them;
   4. laws made in relation to the matters referred to in subparagraph 3.7(a)(iii)(E) may not authorize or provide for discrimination in prices or in supplies exported;
   5. laws made in relation to the matters referred to in subparagraph 3.7(a)(iii)(F) may not authorize or provide for taxation that differentiates between production that is not exported and production that is exported to another part of Canada; and
   6. the implementation of territorial Legislation and any restrictions on such Legislation or powers of a federal Minister under such Legislation referred to in sections 3.8 to 3.12 is enabled;
2. make the Nunavut Archaeological and Palaeontological Sites Regulations made under the Nunavut Act (Canada) inapplicable in respect of the Onshore except lands under the administration and control of the GC;
3. repeal the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada) and any regulations made under that Act;
4. subject to subsection 3.7(e), amend the NuPPAA to provide to a territorial Minister, with effect as of the Transfer Date, the following functions of the federal Minister under the NuPPAA as they exist immediately prior to the Transfer Date:
   1. in respect of a project wholly in the Onshore and not, wholly or partly, in a Federal Area:
      1. the functions of the federal Minister under paragraph 73(1)(b) of the NuPPAA to act as a responsible Minister when no other federal or territorial Minister is a responsible Minister;
      2. the functions of the federal Minister under subsection 149(3) of the NuPPAA to receive and distribute documents to responsible Ministers; and
      3. the functions of the federal Minister under subsection 149(4) of the NuPPAA to perform the duties of the responsible Minister under subsection 200(4) of the NuPPAA;
   2. in respect of an emergency situation wholly in the Onshore and not, wholly or partly, in a Federal Area:
      1. the functions of the federal Minister under paragraph 152(1)(c) of the NuPPAA in respect of certifying that an emergency exists;
      2. the functions of the federal Minister under subsection 152(2) of the NuPPAA in respect of the receipt of reports of works or activities to address an emergency or required after the end of the emergency;
      3. the functions of the federal Minister under subsection 152(3) of the NuPPAA in respect of the receipt of reports from the Nunavut Planning Commission;
      4. the functions of the federal Minister under subsection 152(4) of the NuPPAA in respect of the receipt of reports from the Nunavut Impact Review Board; and
      5. the functions of the federal Minister under subsection 152(6) of the NuPPAA in respect of imposing terms and conditions on the carrying out of works or activities required after the end of the emergency;
   3. in respect of a project partly in the "designated area" (as defined in the NuPPAA) where the part of the project in the "designated area" is wholly in the Onshore and not, wholly or partly, in a Federal Area, the functions of the federal Minister under subsection 159(1) of the NuPPAA to approve an agreement in respect of the coordination of the review of such part of the project; and
   4. the functions of the federal Minister under section 209 of the NuPPAA to designate persons to verify compliance or prevent non-compliance with the NuPPAA in respect of areas wholly in the Onshore and not in a Federal Area, and the function of the federal Minister under subsection 210(3) of the NuPPAA to provide such designated persons with a certificate.
5. provide that the functions referred to in subsection 3.7(d) shall not include functions of the federal Minister in respect of a project which is referred for review to a federal environmental assessment panel pursuant to subparagraph 94(1)(a)(i) of the NuPPAA.
6. amend the NuPPAA to provide, with effect as of the Transfer Date, that the members and Chairperson of the Nunavut Impact Review Board shall be appointed in the following manner:
   1. two members shall be appointed by a federal Minister;
   2. two members shall be appointed by a territorial Minister;
   3. four members shall be appointed by a territorial Minister on the nomination of the Designated Inuit Organization;
   4. the Chairperson shall be appointed by a federal Minister, following consultation with a territorial Minister, from nominations agreed to and provided by the 8 other members; and
   5. any members in respect of Areas of Equal Use and Occupancy shall be appointed by a territorial Minister on the nomination of Makivik;
7. amend the NuPPAA to provide, with effect as of the Transfer Date, that the members and Chairperson of the Nunavut Planning Commission shall be appointed in the following manner:
   1. at least one member shall be appointed by a federal Minister;
   2. an equal number of members to those appointed pursuant to paragraph 3.7(g)(i) shall be appointed by a territorial Minister;
   3. at least one-half of the members, other than the Chairperson, shall be appointed by a territorial Minister on the nomination of the Designated Inuit Organization;
   4. the Chairperson shall be appointed by a territorial Minister, following Consultation with a federal Minister, from nominations agreed to and provided by the other members; and
   5. any members in respect of Areas of Equal Use and Occupancy shall be appointed by a territorial Minister on the nomination of Makivik;
8. make the Territorial Lands Act (Canada), and any regulations made under that Act, inapplicable in respect of Public Lands;
9. make the Canada Oil and Gas Operations Act (Canada), and any regulations made under that Act, inapplicable in respect of the Onshore except lands under the administration and control of the GC and except to the extent that application of such Legislation to the Onshore may be necessary pursuant to subsection 3.7(k);
10. make the Canada Petroleum Resources Act (Canada), and any regulations made under that Act, inapplicable in respect of Public Lands except to the extent that application of such Legislation to Public Lands may be necessary pursuant to subsection 3.7(k);
11. ensure that the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada) and any necessary provisions of the Canadian Energy Regulator Act (Canada), or other federal Legislation, provide for:
    1. the unitization of Straddling Resources in the manner set out in the agreement referred to in section 4.4;
    2. the protection of confidential information provided by the GC or third parties pursuant to, or in furtherance of, the agreement referred to in section 4.4; and
    3. the role of the CER under territorial Legislation as described in sections 3.9 and 4.5;
12. provide that the consent of the GC is required for any amendment to territorial Legislation that would affect the unitization of Straddling Resources referred to in the agreement referred to in section 4.4 or limit the application to, or implementation by, the GN of such agreement;
13. provide that, during the initial period of five years from the Transfer Date, and any further period of time pursuant to section 4.6, the consent of the GC is required for any amendment to territorial Legislation that would affect the regulatory functions of the CER in the Onshore;
14. provide for transitional matters and to give legislative effect to aspects of this Agreement; and
15. make consequential amendments to federal Legislation as required.

3.8 As soon as practicable, the GN shall introduce into the Legislative Assembly and support as a government measure Legislation that comes into force on the Transfer Date and that, as at the Transfer Date, shall:

1. substantially mirror the Legislation repealed or made inapplicable to the Onshore or Public Lands pursuant to section 3.7 including, for certainty, any provisions of the Canadian Energy Regulator Act (Canada) necessary for the CER to act as regulator within the Onshore;
2. substantially mirror the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada) and any regulations made under that Act;
3. provide that the territorial mirror Legislation referred to in subsection 3.8(b) shall provide that only a federal Minister may, in relation to a Federal Area, exercise the following powers and functions under a law of the Legislature:
   1. approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters;
   2. consent to a declaration by, or opinion of, a water board that an amendment to, or cancellation of, such a licence is required on an emergency basis;
   3. approve the form of any security posted in respect of such a licence and to hold and apply such security;
   4. exercise powers and functions that are substantially the same as those set out in subsections 87(3) and 89(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada), as it read immediately before the Transfer Date; and
   5. designate inspectors and grant them powers and functions that are substantially the same as those set out in subsections 87(1), 87(2), 87(4) and section 94.02 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada), as they read immediately before the Transfer Date;
4. provide that in respect of undertakings that are both on and outside of a Federal Area:
   1. a federal Minister may delegate any of the powers and functions referred to in subsection 3.8(c) to a territorial Minister with the consent of that territorial Minister; and
   2. a territorial Minister may delegate any of the powers and functions of that Minister outside of a Federal Area, corresponding to the powers and functions referred to in subsection 3.8(c), to a federal Minister with the consent of that federal Minister;
5. provide that the debts that are referred to in sections 87(5) and 89(2) of the Nunavut Waters and Surface Rights Tribunal Act (Canada) that are in respect of a Federal Area shall be debts due to His Majesty the King in right of Canada.
6. provide that any amendment to the Legislation referred to in subsection 3.8(b) shall not change any of the powers or functions of the federal Minister under paragraphs 3.8(c)(i) to (v) without the consent of the GC.
7. provide that the members and Chairperson of the Nunavut Water Board shall be appointed in the following manner:
   1. two members shall be appointed by a territorial Minister;
   2. two members shall be appointed by a federal Minister;
   3. four members shall be appointed by a territorial Minister on the nomination of the Designated Inuit Organization;
   4. the Chairperson shall be appointed by a territorial Minister, following consultation with the 8 other members; and
   5. any members in respect of Areas of Equal Use and Occupancy shall be appointed by a territorial Minister on the nomination of Makivik
8. provide for transitional matters, including the continuity of the Nunavut Water Board and the Nunavut Surface Rights Tribunal, and give legislative effect to aspects of such agreement; and
9. make consequential amendments to other territorial Legislation as required.

Territorial Oil and Gas Legislation

3.9 The territorial Legislation referred to in subsection 3.8(a) which substantially mirrors the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada) and any necessary provisions of the Canadian Energy Regulator Act (Canada), shall provide that the CER shall, with respect to the Onshore, continue to carry out the same regulatory functions in respect of Oil and Gas under such mirroring territorial Legislation as the CER carried out under the Canada Oil and Gas Operations Act (Canada) and the Canada Petroleum Resources Act (Canada) and any necessary provisions of the Canadian Energy Regulator Act (Canada), immediately prior to the Transfer Date.

3.10 For greater certainty, the territorial Legislation referred to in subsection 3.8(a) shall mirror the benefits plans provisions of the Canada Oil and Gas Operations Act (Canada) and the Canada Petroleum Resources Act (Canada).

3.11 If, while the agreement referred to in section 4.4 is in force and effect, the GC amends the Canada Oil and Gas Operations Act (Canada), the Canada Petroleum Resources Act (Canada), any necessary provisions of the Canadian Energy Regulator Act (Canada) mirrored in territorial Legislation pursuant to section 3.9 or any regulations made under those Acts or in respect of those provisions, the GN shall introduce into the Legislature and support as a government measure Legislation that substantially mirrors such amendment.

3.12 Section 3.11 does not apply with respect to matters in respect of which the consent of the GC is not required pursuant to subsection 3.7(l) or 3.7(m).

Amendments to the Nunavut Agreement

3.13 The Parties acknowledge that in order to give effect to some of the provisions of this chapter, amendments to the Nunavut Agreement will be necessary in accordance with the procedure set out in section 2.13.1 of the Nunavut Agreement. Proposed amendments will concern the following:

1. 12.2.6 Membership and Mode of Appointment of NIRB ("Nunavut Impact Review Board");
2. 13.3.1 Membership and Mode of Appointment of NWB ("Nunavut Water Board"); and
3. 11.4.5 to 11.4.13 Composition and Appointment of NPC ("Nunavut Planning Commission").

Protocol for Review of Devolution Legislation and Nunavut Agreement Amendment

3.14 Attached as Appendix 11 is the Protocol for Review of Devolution Legislation and Nunavut Agreement Amendment that addresses the review of:

1. the Legislation referred to in sections 3.7 and 3.8 prior to its introduction into Parliament or the Legislature; and
2. the amendments to the Nunavut Agreement referred to in section 3.13.

Services in Official Languages

3.15 As of the Transfer Date, in respect of programs and services provided by the GN as a result of this Agreement, any member of the public will have the right to communicate with, and receive available services from, the GN in an official language of Nunavut in accordance with the Official Languages Act (Nunavut).

Existing Interests

3.16 The GC shall make best efforts to provide the GN and NTI with lists of Existing Interests one year following the Effective Date and then once annually thereafter up to the Transfer Date.

3.17 Subject to sections 3.18 to 3.21, each Existing Interest shall be administered and governed as of the Transfer Date in accordance with territorial Legislation.

3.18 As of the Transfer Date, territorial Legislation may only provide for additional conditions in respect of the exercise of an Existing Interest if the law applies to the same extent to Existing Interests as to similar rights and interests issued, granted or secured under territorial Legislation.

3.19 Subject to section 3.20 and as of the Transfer Date, territorial Legislation may only provide for the cancellation, suspension or limitation of an Existing Interest where:

1. immediately prior to the Transfer Date, the Existing Interest could have been cancelled, suspended or limited in identical circumstances; or
2. the cancellation, suspension or limitation is for a failure to comply with a condition in respect of the exercise of the Existing Interest and the territorial Legislation applies in a materially similar manner to the Existing Interest as to similar rights and interests which may be issued, granted or secured under territorial Legislation, whether or not similar rights and interests actually then exist.

3.20 Territorial Legislation may not provide for the cancellation, suspension or limitation of an Existing Interest pursuant to subsection 3.19(b), where the Existing Interest is a right or interest which arose from:

1. a recorded claim, a lease of a recorded claim or a prospecting permit granted pursuant to the Nunavut Mining Regulations (Canada); or
2. an "interest" within the meaning of section 2 of the Canada Petroleum Resources Act (Canada).

3.21 Each Existing Interest shall continue in full force and effect:

1. until the Existing Interest expires or is surrendered;
2. unless the holder of the Existing Interest and the GN agree that the Existing Interest is to be cancelled and replaced by a right or interest provided by the GN;
3. unless the Existing Interest is an Encumbering Right, and the holder of the Existing Interest and an Indigenous group agree that that Existing Interest is to be cancelled pursuant to the terms of a Settlement Agreement;
4. unless the Existing Interest or any right under it is limited, suspended or cancelled pursuant to territorial Legislation in accordance with section 3.19; or
5. unless the Existing Interest is expropriated and the right holder is compensated pursuant to territorial Legislation.

Access to Land

3.22 The GN shall grant the GC access to Public Lands and Waters to allow the GC to fulfil its commitments under this Agreement and to fulfil any of the GC's other responsibilities in Nunavut. The access referred to in this section shall be at no charge to the GC and shall not require any expenditure of moneys or incurrence of expense by the GN.

Inventory of Exclusions

3.23 Appendix 3 sets out an inventory and description of lands and rights in respect of Waters, or interests therein (including beds of bodies of water, Minerals, Oil and Gas, buildings other than Listed Federal Buildings, structures, improvements and other fixtures, on, above or below the surface of the lands), that shall be excluded from the transfer of administration and control to the Commissioner referred to in section 3.1.

3.24 For greater certainty, mines and minerals shall not be excluded from the transfer of administration and control to the Commissioner referred to in section 3.1 unless they are expressly excluded in Appendix 3.

3.25 Any leasehold estate or mortgage or other security acquired for the purposes of a Federal Department or Federal Agent Corporation shall be excluded from the transfer of administration and control to the Commissioner referred to in section 3.1.

3.26 Appendix 3 may be amended by the GC at any time prior to the Transfer Date for the purpose of:

1. replacing the description of any lands or rights in respect of Waters with a more accurate description;
2. modifying the description of any lands or rights in respect of Waters to more accurately correspond to the lands or rights in respect of Waters which are required for the purposes of a Federal Department or are under the administration of a Federal Agent Corporation;
3. adding any lands or rights in respect of Waters which are required for the purposes of a Federal Department or are under the administration of a Federal Agent Corporation; or
4. deleting any lands or rights in respect of Waters not required for the purposes of a Federal Department or which are not under the administration of a Federal Agent Corporation.

3.27 The GC shall Consult the other Parties with regard to any proposed amendment to Appendix 3, referred to in section 3.26.

3.28 To facilitate the Consultations pursuant to section 3.27 the Parties shall:

1. establish a working group, which shall include a knowledgeable person designated by each Party to establish protocols to govern and to work as a group to review and comment on amendments to Appendix 3 proposed to be made by the GC pursuant to section 3.26; and
2. make available to the other Parties through such working group, in accordance with its established protocols, any relevant information in its possession or control related to amendments to Appendix 3 proposed to be made by the GC pursuant to section 3.26, including the purpose of the amendment.

3.29 If, within three years following the Transfer Date, it is determined by the GC that any Public Lands or rights in respect of Waters not excluded from transfer were, on the Transfer Date, required for the purposes of a Federal Department or a Federal Agent Corporation, the GC shall, following Consultation with the GN, provide notice to the GN setting out:

1. the purpose for which the Public Lands or rights in respect of Waters are required by the Federal Department or a Federal Agent Corporation and an explanation as to why the Public Lands or rights in respect of Waters were so required, on the Transfer Date;
2. an explanation as to why the Public Lands or rights in respect of Waters were not excluded on the Transfer Date; and
3. the boundaries and quantum of Public Lands or the location of the rights in respect of Waters required.

3.30 As soon as practicable following receipt of the notice referred to in section 3.29 the Commissioner shall relinquish to the GC the administration and control of those Public Lands or rights in respect of Waters to the GC for the benefit of that Federal Department or Federal Agent Corporation.

Contingent Settlement Lands

3.31 The Parties agree that Contingent Settlement Lands shall be excluded from the transfer of administration and control referred to in section 3.1 and are not otherwise subject to this Agreement.

Arqvilliit (Ottawa Islands)

3.32 Within 90 days following the signing of this Agreement, the GC and the GN shall engage with Makivik to explore conservation options for Arqvilliit (Ottawa Islands).

Reservation by Notation or Provided for by Lease

3.33 Notwithstanding any Public Lands being reserved for the use of a Federal Department or Federal Agent Corporation in the GC's property records prior to the Transfer Date, following the Transfer Date the GN shall not be required to make any corresponding reservation by notation in the GN property records. For greater certainty, any such reservation by notation in the GC's property records prior to the Transfer Date shall terminate on the Transfer Date.

Taking of Administration and Control by the GC

3.34 The GC may take from the Commissioner the administration and control of any lands or rights in respect of Waters where the GC determines it is necessary to do so for:

1. the national interest, including:
   1. national defence or security;
   2. the establishment, or changes to the boundaries, of a national park, national park reserve, national historic site or other area protected under federal Legislation; or
   3. the creation of the infrastructure required for initiatives in respect of transportation or energy;
2. the fulfillment of an obligation in respect of an Aboriginal or treaty right recognized and affirmed under section 35 of the Constitution Act, 1982 (Canada); or
3. the settlement of an Indigenous land claim or the implementation of a Land Claims Agreement, the Nunavut Agreement or other Settlement Agreement, treaty or Self-Government Agreement.

3.35 Prior to the taking of administration and control of lands or rights in respect of Waters from the Commissioner pursuant to section 3.34, the GC shall:

1. (a) identify, by providing notice in writing to the GN and NTI:
   1. the purpose for which the lands are being taken and the location and quantum of land being taken; and
   2. the purpose for which the rights in respect of waters are being taken and the location of the Waters subject to the taking; and
2. except in cases involving national defence or security, Consult with the GN and NTI on the boundaries of lands and the location of the Waters subject to the taking.

3.36 The GC may prohibit the issuance of interests or the authorization of activities, under territorial Legislation, in or on lands under the administration and control of the Commissioner or the use of Waters or the deposit of waste into Waters, if the GC considers that such prohibition is required:

1. because such use of Waters, or such deposit of waste into Waters, would be incompatible with or would interfere with a particular undertaking which is in the national interest;
2. before the administration and control of land or rights in respect of Waters is taken by the GC pursuant to subsection 3.34(a), 3.34(b) or 3.34(c); or
3. for the settlement of an Indigenous land claim, including for the purposes of an interim measure pending the settlement of an Indigenous land claim, or the implementation of a Land Claims Agreement, the Nunavut Agreement or other Settlement Agreement, treaty or Self-Government Agreement.

3.37 Prior to making a prohibition referred to in section 3.36 the GC shall:

1. notify the GN and NTI of the proposed prohibition and Consult with the GN and NTI regarding:
   1. the boundaries and quantum of land to be subject to the proposed prohibition;
   2. the location of Waters to be subject to the proposed prohibition; and
   3. the interests or activities for which the issuance or authorization would be prohibited; and
2. notify the public of the proposed prohibition and consider representations received within a reasonable time following such notice.

3.38 The relinquishment of the administration and control by the Commissioner, the taking of administration and control of lands and rights in respect of Waters by the GC, the prohibition of the issuance of interests in land or of the authorization of activities thereon, and the prohibition of any use of Waters or deposit of waste into Waters shall, subject to section 3.39, be without expenditures of moneys by, or compensation to, the GN.

3.39 Where the GC takes, or has relinquished to it, administration and control of lands pursuant to section 3.30, 3.34, or 6.38, the GC shall compensate the GN for any improvements made by the GN to such lands.

3.40 As soon as practicable following the taking or relinquishment referred to in section 3.39, the GC and the GN shall attempt to reach agreement on the amount of any compensation associated with such taking or relinquishment.

3.41 Where the GC and the GN are unable to reach agreement on the amount of compensation referred to in section 3.39, the GC and the GN shall refer the matter to an agreed upon Appraisal Expert.

3.42 Upon receipt of the referral referred to in section 3.41 the Appraisal Expert shall determine the Improvement Value and this amount shall be the compensation referred to in section 3.39.

Interests Created following the Transfer Date

3.43 Public Lands and rights in respect of Waters:

1. relinquished to the GC pursuant to section 3.30 or 6.38; or
2. taken back by the GC pursuant to section 3.34;

shall be subject to Existing Interests and any third party interests created following the Transfer Date which shall be treated by the GC in the same manner as set out in sections 3.16, 3.18, 3.19, 3.20, and 3.21, mutatis mutandis.

Future Transfers to the Commissioner

3.44 Subject to the agreement of the GN, where the GC determines it no longer requires lands or rights in respect of Waters which are excluded from the transfer of administration and control to the Commissioner or subsequently relinquished pursuant to section 3.30 or 6.38 or taken back pursuant to section 3.34, the GC may propose to transfer administration and control of those lands or rights in respect of Waters to the Commissioner. For greater certainty, the GN shall have the right to provide terms acceptable to it in its sole discretion, upon which it would agree to accept the transfer of administration and control of such lands or rights in respect of Waters.

Security

3.45 The GC and the GN shall cause, through assignment of rights from the GC to the GN, or as otherwise may be agreed, every security held in relation to Existing Interests to be available to be administered by the GN as of the Transfer Date.

3.46 The Parties acknowledge that the GC has provided to the GN and NTI a list of every security held by the GC in relation to Existing Interests at the Effective Date and that such list includes:

1. the form and quantum of such security; and
2. where the GC has established the quantum of the security, the factual basis and rationale for establishing such quantum.

3.47 The GC shall provide to the GN and NTI each year following the Effective Date and also six months prior to the Transfer Date, updates to the list referred to in section 3.46. Such updated lists shall include every security held by the GC in relation to Existing Interests at the time of the update and the information in respect of such security referred to in subsections 3.46(a) and (b).

Applications

3.48 Any application made pursuant to federal Legislation in respect of a matter to which the territorial mirror Legislation referred to in section 3.8 applies, and which has not been disposed of under federal Legislation prior to the Transfer Date, shall be processed and disposed of by the GN, or another body as the case may be, in accordance with the territorial mirror Legislation referred to in section 3.8.

3.49 For the purposes of territorial Legislation, an application referred to in section 3.48 shall be deemed to have been made on the date it was made under federal Legislation.

3.50 On the Transfer Date, the GC shall transfer to the GN:

1. any land use fee it holds with respect to any application referred to in section 3.48 made for a land use permit pursuant to federal Legislation; and
2. any deposit it holds with respect to any application referred to in section 3.48 made for a water licence pursuant to federal Legislation.

Receivables, Payables, Royalties, Rentals and Dues

3.51 The GC shall:

1. be responsible for all NAO-related accounts payable which are in respect of a time frame prior to the Transfer Date, including accounts for goods and services purchased, leased or obtained by other arrangements; and
2. receive from the GN any NAO-related accounts receivable, royalty, rental, due, fee or other charge that is in respect of the time period prior to the Transfer Date.

3.52 The GC shall remit to the GN any royalty, rental, due, fee or other charge, excluding taxes, in relation to Public Lands and rights in respect of Waters that the GC may receive and is in respect of the time frame following the Transfer Date.

3.53 Unless otherwise agreed, the GN shall not be responsible for any accounts payable out of the ordinary course incurred by the GC, which may come due following the Transfer Date.

Procedures for Collection and Reconciliation of Accounts

3.54 As of the Transfer Date, any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, payable to the GC by the holder of an Existing Interest is payable to the GN pursuant to territorial Legislation.

3.55 Where the GN collects any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, from the holder of an Existing Interest and in relation to a period beginning prior to the Transfer Date and ending following the Transfer Date, the GN shall remit to the GC a portion of such royalty, rental, dues, fee, or charge in proportion to the length of that period extending prior to the Transfer Date.

3.56 Where the GC collects any royalty, rental, dues, fee or other NAO-related charge, excluding taxes, from the holder of an Existing Interest and in relation to a period beginning prior to the Transfer Date and ending following the Transfer Date, the GC shall remit to the GN a portion of such royalty, rental, dues, fee, or charge in proportion to the length of that period extending following the Transfer Date.

Proceedings and Enforcement

3.57 The GC shall remain responsible for all enforcement actions commenced by the GC prior to the Transfer Date under federal Legislation which is repealed, rendered inapplicable or replaced on the Transfer Date as a result of this Agreement which are before a court, but not yet resolved, at the Transfer Date.

3.58 As of the Transfer Date, the GN shall be responsible for determining whether to commence or continue enforcement actions under federal Legislation which is repealed, rendered inapplicable or replaced on the Transfer Date as a result of this Agreement. To assist the GN in making such determination, subject to restrictions in any applicable Legislation, the GC shall provide the GN with all relevant information and records relating to such enforcement actions.

Identification and Categorization of Sites

6.1 Attached to this Agreement as Appendix 4 is an Interim Inventory of Sites which lists, as at the Effective Date, sites in accordance with the following parts and categories of sites on Public Lands:

1. Part A — Operating Sites;
2. Part B — Sites Requiring Remediation;
3. Part C — Remediated Sites;
4. Part D — Released Sites, including each site which meets the criteria of subsections 6.15(a) to 6.15(d); and
5. Part E — Expired Sites.

6.2 The Inventory of Sites (including any additions pursuant to section 6.3) shall include the following information:

1. in respect of each site listed on Part A — Operating Sites:
   1. the location and dimensions, where available, of the site;
   2. a summary of the information known to the GC about the nature of land use at the site; and
   3. a summary of any known security held in deposit with respect to the site;
2. in respect of each site listed on Part B — Sites Requiring Remediation:
   1. the location and dimensions (provided through best efforts) of the site, provided that prior to the Transfer Date a legal description shall be included;
   2. the federal site identifier in the Federal Contaminated Sites Inventory; and
   3. the nature of any Alteration Requiring Remediation at the site;
3. in respect of each site listed on Part C — Remediated Sites:
   1. the location and dimensions (provided through best efforts) of the site, provided that the GC will make best efforts to include a legal description prior to the Transfer Date;
   2. the nature of any Alteration Remediated at the site;
   3. the measures undertaken to Remediate such Alteration; and
   4. a summary of any ongoing Management of Remediation features at the site;
4. in respect of each site listed on Part D — Released Sites:
   1. its location and dimensions, where available; and
   2. the basis for the determination that the site is a Released Site; and
5. in respect of each site listed on Part E — Expired Sites;
   1. the location and dimensions, where available, of the site;
   2. a summary of the information known to the GC about the nature of land use at the site; and
   3. the type of Authorization for the land use and the date such Authorization expired.

6.3 The Interim Inventory of Sites shall be varied in the following manner:

1. the GC shall add a site to Part D — Released Sites where that site:
   1. meets the criteria of subsections 6.15(a) to 6.15(d);
   2. is a site comprised of Alterations which are the result of activities conducted by, or on behalf of, the GN; or
   3. is an Operating Site where the Operator is the GN or a person acting on behalf of the GN;
2. the GC shall remove a site from Part D — Released Sites where that site does not meet the criteria of paragraph 6.3(a)(i), 6.3(a)(ii) or 6.3(a)(iii);
3. the GC shall add to Part C – Remediated Sites any Abandoned Site on Public Lands where the site has been Remediated prior to the Transfer Date;
4. the GC shall add to Part B — Sites Requiring Remediation any Abandoned Site on Public Lands where there is an Alteration Requiring Remediation on the site prior to the Transfer Date;
5. the GC shall remove a site from Part B — Sites Requiring Remediation where there is no Alteration Requiring Remediation on the site prior to the Transfer Date;
6. the GC shall add a site to Part E — Expired Sites where, at any time up to six months prior to the Transfer Date, there is both an expired Authorization in respect of the site and the site has not received final closure;
7. the GC shall remove a site from Part E — Expired Sites where, following the inspection of the site, it is determined that there are no Alterations Requiring Remediation on the site, in which case such site will no longer be an Impacted Site and shall be removed from the Interim Inventory of Sites;
8. the GC shall remove a site from Part E — Expired Sites and add the site to Part B — Sites Requiring Remediation where, following the inspection of the site, it is determined that the site is an Abandoned Site and that there are Alterations Requiring Remediation on the site;
9. the GC shall remove a site from Part E — Expired Sites and add the site to Part A — Operating Sites where it is determined that there is an Operator with the current Authorizations in respect of the site;
10. the GC shall remove a site from Part E — Expired Sites and add the site to Part D — Released Sites where it is determined that there is an Operator with the current Authorizations in respect of the site and the sites meets the criteria of subsections 6.15(a) to 6.15(d);
11. the GC may add a site to or remove a site from Part A — Operating Sites;
12. any other change to the Interim Inventory of Sites may be made by the GC with the consent of the GN; and
13. any Party may propose any change to the Interim Inventory of Sites and, if the other Parties consent, such change shall be made.

6.4 The GC shall Consult the other Parties with regard to any proposed variation to the Interim Inventory of Sites referred to in subsections 6.3(a) to 6.3(k).

6.5 To facilitate the Consultations pursuant to section 6.4 the Parties shall:

1. establish a working group, which shall include a knowledgeable person designated by each Party, to establish protocols to govern and to work as a group to review and comment on variations to the Interim Inventory of Sites proposed to be made by the GC pursuant to section 6.3; and
2. make available to the other Parties through such working group, in accordance with its established protocols, any information in its possession or control related to variations to the Interim Inventory of Sites proposed to be made by the GC pursuant to section 6.3, including traditional knowledge, community concerns, information related to Remediation or risk management plans and any other additional information known about the sites.

6.6 The working group referred to in subsection 6.5(a) shall meet with Indigenous groups, including Ghotelnene K'odtįneh Dene and the Athabasca Denesųłiné, in regard to variations to the Interim Inventory of Sites proposed to be made by the GC pursuant to section 6.3 involving sites that may affect the asserted or established rights of such Indigenous groups under section 35 of the Constitution Act, 1982.

6.7 Prior to meeting with an Indigenous group, including Ghotelnene K'odtįneh Dene and the Athabasca Denesųłiné, pursuant to section 6.6, the GC shall provide to that Indigenous group any information referred to in subsection 6.5(b) that is relevant to variations to the Interim Inventory of Sites proposed to be made by the GC pursuant to section 6.3 involving sites that may affect the asserted or established rights of that Indigenous group under section 35 of the Constitution Act, 1982. Such information shall be provided by the GC sufficiently in advance of a meeting so that the Indigenous group has a reasonable amount of time to review the information prior to the meeting.

6.8 In addition to the Consultations and related activities provided for in this Agreement related to the Interim Inventory of Sites, the GC shall provide an updated version of the Interim Inventory of Sites at least once every twelve months following the Effective Date until it provides the Final Inventory of Sites as described in section 6.9.

6.9 As soon as practicable following the Transfer Date, Canada shall provide to the other Parties a Final Inventory of Sites which shall include any changes made pursuant to section 6.3. Once provided by the GC, the Final Inventory of Sites shall be appended to this Agreement as Appendix 4 and shall replace the Interim Inventory of Sites.

6.10 As soon as practicable after providing the other Parties with a Final Inventory of Sites pursuant to section 6.9, the GC shall provide such Final Inventory of Sites to any Indigenous group, including Ghotelnene K'odtįneh Dene and the Athabasca Denesųłiné, that has asserted or established rights under section 35 of the Constitution Act, 1982 in respect of the Onshore.

Responsibility for Impacted Sites

6.11 Subject to any other provision of this Agreement, the allocation of responsibility for the Management of Impacted Sites among the Parties shall be based upon the following principles:

1. the GC is responsible for the Management of Impacted Sites on Public Lands which were wholly created prior to the Transfer Date; and
2. the GN is responsible for the Management of Impacted Sites on Public Lands which were wholly created following the Transfer Date.

6.12 Nothing in this Agreement shall affect any liability, obligation or responsibility of any person, other than the Parties, for the Management of any Impacted Site.

6.13 Notwithstanding any provision of this Agreement, the GC shall not be responsible for the Remediation of any Alteration on Public Lands which is the result of activities conducted by or on behalf of the GN; and the GN shall not be responsible for the Remediation of any Alteration on Public Lands which is the result of activities conducted by or on behalf of the GC.

6.14 Nothing in this Agreement shall affect any liability, obligation or responsibility of any of the Parties in respect of any site not on Public Lands.

6.15 Notwithstanding any provision of this Agreement, the GN shall be responsible for the Remediation of any Alteration on an Abandoned Site resulting from any development or project which had an Operator on the Transfer Date:

1. where the original approval of the development or project has been subject to:
   1. an environmental assessment panel review under the Environmental Assessment and Review Process Guideline Order, June 21, 1984;
   2. an assessment by a review panel or a joint review panel, or a comprehensive study pursuant to the Canadian Environmental Assessment Act (Canada);
   3. an environmental assessment, an assessment by a review panel or a joint review panel, pursuant to the Canadian Environmental Assessment Act (2012) (Canada);
   4. an impact assessment, or an impact assessment by a review panel, including a jointly established review panel, pursuant to the Impact Assessment Act (Canada);
   5. a screening pursuant to Part 4 of Article 12 of the Nunavut Agreement or a review pursuant to Part 5 or Part 6 of Article 12 of the Nunavut Agreement; or
   6. a screening or a review pursuant to Part 3 of the Nunavut Planning and Project Assessment Act (Canada);
2. which was approved pursuant to Part 1 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada);
3. in respect of which security, if required as a condition of an approval referred to in subsection 6.15(b), a land lease issued by the GC, or land use permit issued by the GC, has been posted in the amount so required; and
4. which is in material compliance with applicable laws, regulations, permits and licences related to emissions, land use or water use on the Transfer Date.

Remediation Standards

6.16 Remediation for which the GC is responsible under this Agreement shall, on first instance, be based on those standards contained in applicable federal Legislation in respect of a hazard to the environment, human health or safety as such standards exist or existed at the time such Remediation is or was performed.

6.17 Where no applicable standards referred to in section 6.16 exist or existed at the time Remediation for which the GC is responsible is or was performed, such Remediation shall be or have been based on those standards contained in the:

1. CCME Guidelines in conjunction with the risk assessment framework set out in such guidelines; or
2. AMSRP.

6.18 In respect of Remediation carried out by the GC following the Transfer Date, where no applicable standards referred to in sections 6.16 and 6.17 exist or existed at the time Remediation for which the GC is responsible is or was performed, then standards contained in applicable territorial Legislation in respect of a hazard to the environment, human health or safety as such standards exist at the time such Remediation is or was performed shall apply.

6.19 Where no applicable standards referred to in sections 6.16, 6.17 and 6.18 exist the standards applied shall be those agreed to by the GC and the GN in Consultation with NTI and any other Indigenous group, including Ghotelnene K'odtįneh Dene and the Athabasca Denesųłiné, that has asserted or established rights under section 35 of the Constitution Act, 1982 in an area to which the standards are intended to be applied.

6.20 Remediation for which the GC is responsible at the DND-DEW Line Sites shall be, or have been, carried out in accordance with the DND-NTI DEW Line Environmental Agreement.

6.21 Prior to introducing Legislation or making regulations or subordinate legislation to adopt or vary standards for use in Remediation, the GC and the GN shall Consult each other, NTI and any other Indigenous group, including Ghotelnene K'odtįneh Dene and the Athabasca Denesųłiné, that has asserted or established rights under section 35 of the Constitution Act, 1982 in respect of the Onshore.

6.22 Paragraph (a) of the definition of "Consult" in section 1.1 shall apply mutatis mutandis to the Consultations with Indigenous groups pursuant to sections 6.19 and 6.21.

Operating Sites

6.23 The GC shall be deemed to be immediately released from any obligation in respect of any Operating Site and such site shall be a Released Site as of the earlier of:

1. the extension or renewal of any lease, licence, permit or other right or interest in respect of an Operating Site existing at the Transfer Date where the GN had the authority not to extend or renew such lease, licence, permit or other right or interest; or
2. the seventh anniversary of the Transfer date.

6.24 Subject to section 6.23, where:

1. an Operating Site on Public Lands becomes an Abandoned Site; or
2. there is an Insolvency Event in respect of an Operating Site on Public Lands which results in that Operating Site becoming an Abandoned Site;

then, upon that site becoming an Abandoned Site it shall be considered an Abandoned Operating Site ("Abandoned Operating Site"), the GC's responsibility in respect of Remediation at such Abandoned Operating Site shall be determined pursuant to sections 6.41 to 6.54.

6.25 Subject to section 6.23, where:

1. an Expired Site on Public Lands is determined to be or becomes an Abandoned Site; or
2. there is an Insolvency Event in respect of an Expired Site on Public Lands which results in that Expired Site becoming an Abandoned Site;

then, upon that site becoming an Abandoned Site it shall be considered an Abandoned Expired Site ("Abandoned Expired Site"), the GC's responsibility in respect of Remediation at such Abandoned Expired Site shall be determined pursuant to sections 6.41 to 6.54.

6.26 The GN shall diligently pursue all reasonable means (including reasonable legal means) available to it to recover any debt owed to it or to realize any proceeds available to it in proceedings in the course of an Insolvency Event in respect of an Operating Site, Abandoned Operating Site, Expired Site or an Abandoned Expired Site.

6.27 Where the GC and GN determine it to be expedient or otherwise desirable, they may enter into a subrogation agreement to allow one or the other of them to pursue debts owed to the other of them or to proceeds of an Insolvency Event available to the other of them.

6.28 The Party in receipt of funds pursuant to sections 6.26 and 6.27 shall as soon as practicable pay to the other of the GC or GN an amount equal to any debts recovered or proceeds realized in respect of an Abandoned Operating Site or an Abandoned Expired Site which are attributable to an Alteration Requiring Remediation at that Abandoned Operating Site or Abandoned Expired Site for which the other of the GC or GN is responsible pursuant to this Agreement, less any direct costs incurred in recovering such debt or realizing on such proceeds.

6.29 The GN shall as soon as practicable pay to the GC an amount equal to any security assigned to the GN pursuant to this Agreement and relating to Remediation obligations in respect of an Abandoned Operating Site or Abandoned Expired Site which has been determined to be a New Site Requiring Remediation pursuant to section 6.45, 6.50 or 6.69.

6.30 Where amounts have been recovered as contemplated in sections 6.26, 6.27 and 6.28, the GC shall undertake or provide for care and maintenance or for the commencement of Remediation of the related Abandoned Operating Site, Abandoned Expired Site or New Site Requiring Remediation as the case may be:

1. as soon as practicable;
2. in a manner that is protective of human health and safety and the environment; and
3. that results in the amounts recovered as described in this section being allocated to the care and maintenance or Remediation of the Abandoned Operating Site, Abandoned Expired Site or New Site Requiring Remediation related to the funds recovered, as the case may be.

Sites Requiring Remediation

6.31 All Sites Requiring Remediation as at the Transfer Date shall be excluded from the transfer of administration and control referred to in section 3.1 and shall be included in the inventory of exclusions set out in Appendix 3.

6.32 Except as otherwise provided in this Agreement, the GC shall be responsible for the Remediation of any Alteration Requiring Remediation at each Site Requiring Remediation.

New Sites Requiring Remediation

6.33 Except as otherwise provided in this Agreement, at each New Site Requiring Remediation the GC shall be responsible for the Remediation of any Alteration Requiring Remediation which existed on Public Lands prior to the Transfer Date.

6.34 Notwithstanding section 6.33, the GC shall not be required to Remediate any Alteration at any New Site Requiring Remediation where, following the Transfer Date, the GN could reasonably have taken measures that would have prevented the Alteration from becoming an Alteration Requiring Remediation. Any dispute regarding issues arising from this section shall be determined pursuant to the process described in sections 6.49 to 6.53.

6.35 If it is determined that an Abandoned Operating Site, Abandoned Expired Site, Unlisted Site or a Remediated Site is a New Site Requiring Remediation, then the GC may request in writing to the GN that the Commissioner relinquish to the GC the administration and control of such New Site Requiring Remediation in order that the GC may Manage the New Site Requiring Remediation as contemplated by this Agreement. Where the Management by the GC results in the Remediation of the New Site Requiring Remediation, the site shall become a Remediated Site.

6.36 Each Party shall designate in Appendix 1 an individual for the purposes of the receipt of any notice to be given or communication made to a Party pursuant to this chapter.

6.37 The written request referred to in section 6.35 shall describe the boundary of the site the GC is requesting the Commissioner to relinquish, which boundary shall encompass the Alterations Requiring Remediation and where practicable be based on any existing mineral claims or other existing grants of right.

6.38 The Commissioner shall relinquish to the GC the administration and control of a New Site Requiring Remediation within 180 days from the date of the request referred to in section 6.35 in respect of such site, failing which the GC shall be deemed to be released from any further obligation in respect of that site and the site shall be a Released Site.

Remediated Sites

6.39 A Site Requiring Remediation or a New Site Requiring Remediation, shall be a Remediated Site if, in respect of such site:

1. no further Remediation is required based on the results of assessment work such as Phase I and II Environmental Site Assessments; and
2. the completion of the Remediation of all of the Alterations Requiring Remediation has occurred including, for certainty, that:
   1. Remediation objectives have been confirmed to have been met; and
   2. any required long-term Management and long term termination criteria have been met.

6.40 Upon completion of the Remediation of a Site Requiring Remediation or a New Site Requiring Remediation, the GC shall provide to the GN the following information:

1. the location and dimensions of the site;
2. the nature of any Alteration so Remediated;
3. the measures undertaken to Remediate the Alterations referred to in subsection (b); and
4. recommendations in respect of ongoing Management of Remediation features, if any.

Rights to Assert Remediation Required

6.41 Following the Transfer Date, the GN may assert by providing written notice in respect of any Abandoned Operating Site, Abandoned Expired Site or Unlisted Site on Public Lands that there is an Alteration Requiring Remediation at such site and the GN shall provide evidence to the GC in support of this assertion.

6.42 Subject to section 6.43, the evidence required from the GN pursuant to section 6.41 shall include either completed Phase I and II Environmental Site Assessments pursuant to the then current Canadian Standards Association standards for such assessments or information of a nature that is substantially similar in form and content to that contained in such Phase I and II Environmental Site Assessments.

6.43 Prior to making an assertion pursuant to section 6.41 in respect of an Abandoned Expired Site, the GN shall provide written notice to the GC that it intends to make such an assertion. Upon receipt of such notice the GC may within thirty days advise the GN in writing that it waives the requirements of section 6.42 with respect to such assertion by the GN, in which case the GN may make an assertion in respect of that site pursuant to section 6.41 without meeting the requirements of section 6.42.

6.44 The GC's responsibility to Remediate any Alteration Requiring Remediation at any Abandoned Operating Site or Abandoned Expired Site, as asserted by the GN pursuant to section 6.41, shall be subject at all times to demonstration by the GN that it has diligently pursued all reasonable means (including reasonable legal means) available to allocate responsibility for such Remediation to a person other than the GC including an Operator or a former Operator.

6.45 The GC shall review the assertion and the evidence provided by the GN pursuant to section 6.41 and Consult with the GN regarding such assertion and evidence, following which the GC shall determine that:

1. further evidence is required to make a determination of the status of the site in question;
2. the Abandoned Operating Site is a New Site Requiring Remediation where:
   1. the GC is of the opinion that there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GC is satisfied that the GN has met the obligation in section 6.44 to diligently pursue all reasonable means (including reasonable legal means) available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than the GC, including an Operator or a former Operator;
3. the Abandoned Expired Site is a New Site Requiring Remediation where:
   1. the GC is of the opinion that there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GC is satisfied that the GN has met the obligation in section 6.44 to diligently pursue all reasonable means (including reasonable legal means) available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than the GC, including an Operator or a former Operator; or
4. the Unlisted Site is a New Site Requiring Remediation where:
   1. the GC is of the opinion that there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GC is satisfied that the site was an Abandoned Site as at the Transfer Date.

6.46 The GC shall notify the GN of its determination pursuant to section 6.45 that the Abandoned Operating Site, Abandoned Expired Site or Unlisted Site is or is not a New Site Requiring Remediation.

6.47 Where the GC determines pursuant to section 6.45 that an Abandoned Operating Site, Abandoned Expired Site or Unlisted Site is a New Site Requiring Remediation, such site shall as of the date of such determination be a New Site Requiring Remediation.

Disputes as to Whether Remediation Required

6.48 Where the GC determines pursuant to section 6.45 that an Abandoned Operating Site, Abandoned Expired Site or Unlisted site is not a New Site Requiring Remediation, and the GN does not agree with the GC's determination, the GN may refer the matter for resolution pursuant to the process set out in sections 6.49 to 6.54.

6.49 A dispute resolution panel shall be constituted of three members, selected as follows:

1. one representative selected by the GN;
2. one representative selected by the GC; and
3. one independent expert, qualified by education and experience to review such determination, jointly selected by the GC and the GN.

6.50 In the case of a matter referred for resolution by the GN pursuant to section 6.48, the dispute resolution panel shall review relevant evidence and the submissions of the Parties to the dispute regarding the Abandoned Operating Site, Abandoned Expired Site, or Unlisted Site and shall determine that:

1. the Abandoned Operating Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
   1. there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GN has met the obligation in section 6.44 to diligently pursue all reasonable means (including reasonable legal means) available to it to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than the GC, including an Operator or a former Operator;
2. the Abandoned Expired Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
   1. there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GN has met the obligation in section 6.44 to diligently pursue all reasonable means (including reasonable legal means) available to allocate responsibility for Remediation of such Alteration Requiring Remediation to a person other than the GC, including an Operator or a former Operator; or
3. the Unlisted Site is a New Site Requiring Remediation where at least two of the members of the panel conclude that:
   1. there is an Alteration Requiring Remediation at the site which existed on Public Lands prior to the Transfer Date; and
   2. the GN has established that the site was an Abandoned Site as at the Transfer Date.

6.51 Where the dispute resolution panel determines pursuant to section 6.50 that an Abandoned Operating Site, Abandoned Expired Site or Unlisted Site is a New Site Requiring Remediation, such site shall as of the date of such determination be a New Site Requiring Remediation.

6.52 The independent expert referred to in subsection 6.49(c) shall notify the GC and the GN of the determination of the dispute resolution panel pursuant to section 6.50.

6.53 Each party to the dispute shall pay for its own costs and the costs of the representative selected by such party pursuant to subsection 6.49(a) or 6.49(b) as the case may be, and shall share equally the costs associated with the independent expert selected pursuant to subsection 6.49(c).

6.54 Where an assertion by the GN pursuant to section 6.41 in respect of an Abandoned Expired Site results in a determination by the GC pursuant to section 6.45, or by a dispute resolution panel pursuant to section 6.50, that an Abandoned Expired Site is a New Site Requiring Remediation, then the GC shall reimburse the GN for the direct costs of completing the Phase I and II Environmental Site Assessments referred to in section 6.42, unless the GC has waived the requirements of section 6.42 pursuant to section 6.43.

Transfer of Sites to Commissioner

6.55 Subject to the agreement of the GN, where a Remediated Site is situated on lands under the administration and control of the GC, the GC may transfer the administration and control of such Remediated Site to the Commissioner and notwithstanding such transfer the site shall continue to be a Remediated Site.

6.56 At any time following the Transfer Date, the GN may request of the GC in writing that the GC transfer to the Commissioner the administration and control of any Site Requiring Remediation, any New Site Requiring Remediation or any Remediated Site. Upon receipt of such request the GC shall as soon as practicable initiate the process to transfer administration and control of the site to the Commissioner and such site shall as of the date of such transfer be a Released Site.

Non-Issuance of Rights

6.57 Upon request from the GC, the GN shall prohibit the issuance of any interests or the authorization of the conduct of any activity under territorial Legislation at any New Site Requiring Remediation where the GC determines that such prohibition is required:

1. to carry out or to minimize any Remediation required at that site; or
2. to prevent any aggravation of any Alteration Requiring Remediation at that site.

6.58 The prohibition referred to in section 6.57 shall remain in effect at least until the GC notifies the GN that all Alterations Requiring Remediation at the site have been Remediated or until such other time as may be agreed upon by the GC and the GN.

Releases

6.59 Following the Transfer Date, the GC shall be released of any responsibility for Remediation in respect of:

1. Released Sites, subject to a determination pursuant to section 6.45 or 6.50 that a site is a New Site Requiring Remediation; and
2. Remediated Sites, subject to the warranty referred to in section 6.63.

6.60 If the GN does not comply with a request by the GC for a prohibition pursuant to section 6.57 as soon as practicable, and in any event within 180 days, or the GN does not cause the prohibition to remain in effect until the GC notifies the GN that all Alterations Requiring Remediation at the site have been Remediated and such failure on the part of the GN to maintain the prohibition results in further Alterations at that site, the GC shall be deemed to be immediately released of any further obligation in respect of that New Site Requiring Remediation and such site shall be a Released Site.

6.61 Where the GN grants, issues, or renews any lease, licence, permit or other right or interest or authorizes or conducts any activity which results in a material interference with the current or future Remediation by the GC pursuant to this Agreement of any Alteration Requiring Remediation, the GC shall be deemed to be immediately released of any further Remediation obligation in relation to such Alteration Requiring Remediation.

6.62 Section 6.61 shall not apply in the circumstances that the GN had no authority to refuse to renew, grant or issue any lease, licence, permit or other right or interest, or to authorize or conduct any activity, in respect of a Remediated Site, or any part thereof.

Warranty

6.63 The GC warrants in respect of any Remediated Site on Public Lands that as at the date the administration and control of such site was transferred to the Commissioner, all Alterations Requiring Remediation which existed on Public Lands at such Remediated Site prior to the Transfer Date have been Remediated in accordance with the Standards and Remediation processes applicable to such Alterations at the time the Remediation was carried out.

6.64 The warranty referred to in section 6.63 shall no longer apply where and to the extent that the GN renews, grants or issues any lease, licence, permit or other right or interest, or authorizes or conducts any activity, in respect of a Remediated Site, or any part thereof, which result in a material adverse effect to the condition of a Remediated Site, or any part thereof.

6.65 Section 6.64 shall not apply in the circumstances that the GN had no authority to refuse to renew, grant or issue any lease, licence, permit or other right or interest, or to authorize or conduct any activity, in respect of a Remediated Site, or any part thereof.

6.66 Where unauthorized activities have occurred following the Transfer Date at or about a Remediated Site to which the warranty referred to in section 6.63 applies, the GC shall be presumed to have met the warranty on any area at such Remediated Site materially affected by such unauthorized activities and the onus shall be on the GN to rebut such presumption.

6.67 The GC shall not be required to Remediate any Alteration in respect of which the warranty in section 6.63 no longer applies, including pursuant to section 6.64.

6.68 Where the GN asserts that the GC has not met the warranty set out in section 6.63 the GN shall, prior to seeking any other redress, request that the GC determine that the site is a New Site Requiring Remediation.

6.69 Where the GC receives a request pursuant to section 6.68 the GC shall determine that the site is a New Site Requiring Remediation if the GC agrees that the GC has not met the warranty set out in section 6.63.

Access by the GC

6.70 The GC shall have the right to access Public Lands and Waters and the right to use natural resources in or on Public Lands in order to fulfill its responsibilities in respect of the Management of Impacted Sites on Public Lands.

6.71 Except as may otherwise be agreed by the GC and the GN there shall be no rental, fee, charge or other compensation payable by the GC for the exercise of the right of access or the use of natural resources pursuant to section 6.70 or for any cost incurred by the GN in relation to such natural resources or access.

6.72 Subject to section 6.73, prior to the exercise of a right of access or a right to use natural resources pursuant to section 6.70 the GC shall, as soon as practicable, provide notice thereof to the GN.

6.73 The GC shall not be required to provide the notice referred to in section 6.72 where the exercise of a right of access or a right to use natural resources is required on an urgent basis in order to protect human health or safety, property or the environment.

6.74 The obligations of the GC under this Agreement in respect of the Remediation of Alterations Requiring Remediation on Public Lands will be subject to the right of access to such lands and the right to use natural resources in or on such lands set out in section 6.70.

Economic Opportunities

6.75 The GC and the GN shall provide reasonable support and assistance to Inuit firms to enable them to compete for contracts related to the Remediation of Impacted Sites, in accordance with Article 24 of the Nunavut Agreement and for the GN, the Nunavuumi Nangminiqaqtunik Ikajuuti Regulations (also known as the NNI regulations).

Security Held on Deposit

6.76 Notwithstanding any other provision of this Agreement, the GC shall retain any security held on deposit at the Transfer Date in respect of a Site Requiring Remediation.

Impacted Sites Management Committee

6.77 As soon as practicable following the Transfer Date, the Parties shall establish an Impacted Sites Management Committee ("ISMC"). The ISMC will review, discuss, consider, and provide advice and recommendations to the GC in respect of the Management of Impacted Sites for which the GC is legally responsible pursuant to this Agreement. The terms of reference for the ISMC are attached hereto as Appendix 5.

6.78 The GC shall consider any advice and recommendations of the ISMC, including any dissenting advice and recommendations, before making a decision in respect of the Management of Impacted Sites for which the GC is legally responsible pursuant to this Agreement.

6.79 Notwithstanding any other provision of this Agreement, all decisions with respect to the Management of Impacted Sites by the GC and the prioritization of the Management of Impacted Sites and Remediation actions pursuant to this Agreement, shall be solely the responsibility of the GC.

Ten Year Review and Report

6.80 The Parties acknowledge that climate change is having and will continue to have an impact on Nunavut and that environmental changes resulting from climate change could have implications for the Management of Impacted Sites.

6.81 Ten years from the Transfer Date the GC shall conduct a review and produce a comprehensive report related to the effects of climate change over the previous ten years on the Management of Impacted Sites under the management of GC in Nunavut which it shall share with the ISMC within one year.

6.82 The review and subsequent report will be informed by:

1. the annual reports submitted by the GC to the ISMC referred to in the ISMC Terms of Reference;
2. a sub-set of case sites with significant climate change concerns identified by the Parties prior to the Transfer Date. Conditions at this sub-set of sites will be monitored over the ten years prior to the review for potential effects of climate change, and may also be reported on through the annual reports. The status of these sites may broadly be extrapolated to similar Impacted Sites across Nunavut for the purposes of the ten year review and report; and
3. any climate change assessments, studies or reports focusing on aspects of climate change that may have bearing on Impacted Sites in Nunavut and which may include reports produced by academia, research community, and other recognized tables assembled on climate change, such as the Intergovernmental Panel on Climate Change.

6.83 The ten year review and report will be science-based and seek to engage experts as relevant knowledge-holders across public administration, academia, Inuit organizations and communities and Indigenous knowledge where possible and practical.

6.84 The GC will maintain responsibility for the design, contracting, expenses and completion of the ten year review within the purview of its fiscal funding profile.

6.85 No recommendations made by the ISMC related to the ten year review that it makes to the GC resulting from its review of the report nor anything in the review or report shall be interpreted as creating any legally binding obligations on the GC.

Other Arrangements

6.86 Nothing in this Agreement shall be construed to preclude the GC, GN and NTI, or any two of them, from reaching a separate agreement respecting the Remediation of any Impacted Site. Any such separate agreement shall not affect any right of or impose any obligation on any Party not a party to such separate agreement.

Transitional Strategy

7.1 In September 2020 the Parties approved a Transitional Human Resources Development Strategy ("Transitional Strategy"). The Transitional Strategy concludes on the Transfer Date.

Joint Review

7.2 GN and NTI shall complete a joint review to assess the implementation of the Transitional Strategy by assessing goals accomplished and determining continuing requirements for human resources development, training and support. The results of this joint review shall inform the Post-Devolution Strategy. The joint review shall be completed no later than six months following the Transfer Date.

Post-Devolution Strategy

7.3 GN and NTI shall agree on a Post-Devolution Human Resources Development Strategy ("Post-Devolution Strategy"). Upon its approval by GN and NTI, the Post-Devolution Strategy shall be provided to GC and attached to this Agreement as Appendix 6. The Post-Devolution Strategy shall be effective no later than twelve months from the Transfer Date and shall be implemented over an initial period of ten years from the effective date of the Post-Devolution Strategy ("Initial Ten Year Period").

7.4 The Post-Devolution Strategy shall include mechanisms, including benchmarks, to inform any reviews and evaluations pursuant to sections 7.10 and 7.11 below.

Interim Period

7.5 During the period between Transfer Date and the effective date of the Post Devolution Strategy ("Interim Period"), the objectives and priorities identified in the Transitional Strategy shall continue to be implemented by agreement between GN and NTI.

7.6 The GN shall make available funding for the objectives and priorities of the Transitional Strategy undertaken during the Interim Period from the funds committed by the GN in section 10.15 of this Agreement.

Principal Objective

7.7 The principal objective of the Transitional Strategy and the Post-Devolution Strategy is to maximize Inuit employment at all levels within the complement of positions that will be created in the GN as a result of devolution while ensuring that the GN will have the necessary human resource capacity to discharge the responsibilities it receives from the GC.

Article 23 of the Nunavut Agreement

7.8 The Post-Devolution Strategy shall recognize and be consistent with Article 23 of the Nunavut Agreement. The objective of Article 23 is to increase Inuit participation in government employment in the Nunavut Settlement Area to a representative level.

GN Organizational Design

7.9 The Parties acknowledge that the design of the GN organizational structure in support of devolution is an important dimension of human resources planning for the Post-Devolution Strategy.

Review

7.10 The joint review committee considered in subsection 7.17(b) shall conduct an annual review of the Post-Devolution Strategy and support its implementation by assessing goals accomplished.

7.11 In years four and nine of the Initial Ten Year Period, GN and NTI shall contract an independent comprehensive evaluation of the Post-Devolution Strategy. The comprehensive evaluation shall produce a report that will assess the implementation of the Post-Devolution Strategy and make recommendations which shall inform how the Post-Devolution Strategy may best meet its principal objective.

Annual Plan

7.12 The joint review committee considered in subsection 7.17(b) shall approve an annual plan to guide implementation of the Post-Devolution Strategy.

Extensions

7.13 Not less than six months prior to the expiry of the Initial Ten Year Period and considering the annual review and comprehensive evaluation of the Post-Devolution Strategy conducted under sections 7.10 and 7.11, GN and NTI shall determine the continuing requirements for human resources development, training and support.

7.14 The Post-Devolution Strategy may be extended for five year periods, with such changes as GN and NTI agree to, until GN and NTI agree that a Post-Devolution Strategy is no longer needed.

7.15 Extensions of the Initial Ten Year Period shall provide for subsequent reviews as required by sections 7.10 and 7.11.

Funding of the Post-Devolution Strategy

7.16 The Post-Devolution Strategy shall be funded:

1. beginning on the effective date of the Post-Devolution Strategy; and
2. during any subsequent extensions to the Initial Ten Year Period;

from the funds committed by the GN in section 10.15 of this Agreement.

Framework of the Post-Devolution Strategy

7.17 The Post-Devolution Strategy shall include, at a minimum, the following elements:

1. Program Elements: programming details, including education and training, on-the-job training, wrap around learner supports, outreach and workforce integration initiatives;
2. Oversight and Review: terms of reference for a joint review committee to monitor and review the implementation of the Post Devolution Strategy, and provide guidance, advice and recommendations with respect to its delivery; and
3. Program Management, Administration and Delivery: organizational structures for the management, administration, and delivery of the Post-Devolution Strategy which shall be based on the level of resources available.

Program Elements of the Post-Devolution Strategy

7.18 The Post-Devolution Strategy shall include, at a minimum, the following program elements:

1. Education and Training: providing options for Inuit to participate in education and training programs, within and outside of Nunavut, that lead to diplomas, degrees or other credentials required for devolution-related jobs;
2. On-the-Job Training: a variety of types of on-the-job training initiatives, including those for Inuit participating in education and training programs, and those for Inuit GN employees to obtain skills, experience, and confidence needed to advance to other positions;
3. Learner Support: a comprehensive suite of academic and personal wrap around supports, customized to meet the individual needs of Inuit participating in Post-Devolution Strategy programming;
4. Outreach: proactively engaging and informing Inuit about the employment opportunities that arise from devolution, as well as the associated Post-Devolution Strategy initiatives that will provide Inuit with the required competencies to qualify for those jobs; and
5. Workforce Integration: recruiting and integrating Inuit through Transitional Strategy and Post-Devolution Strategy programming into devolution-related jobs.

Inuit Societal Values of the Post-Devolution Strategy

7.19 The Post-Devolution Strategy shall be guided by and integrate Inuit Societal Values as set out in the Transitional Strategy.

Obligations of GC

7.20 For greater certainty and subject to any agreed upon exception by the Parties, any and all obligations of the GC relating to the Transitional Strategy shall terminate on the Transfer Date and the GC shall have no obligations under the Post-Devolution Strategy.

Amendment to the Post-Devolution Strategy

7.21 The provisions of the Post-Devolution Strategy may be amended but only if such amendment is made by GN and NTI and reflected in a written agreement between them.

Objective

8.1 The objective of this chapter is to maximize the acceptance of job offers from the GN by Affected Federal Employees.

Relationship to Chapter 7 Human Resource Development

8.2 Nothing in Chapter 7 shall be construed so as to abrogate or derogate from the rights or obligations of the Parties pursuant to this chapter.

Cooperation

8.3 The GC and the GN agree to work cooperatively during the period between the Effective Date and the Transfer Date to ensure the orderly management of human resources matters referred to in this chapter, with such cooperation to include the establishment, as soon as practicable following the Effective Date, of a transitional working group ("Affected Federal Employees Working Group") comprised of representatives from each of the Parties.

8.4 The Affected Federal Employees Working Group shall develop a transitional work plan ("Affected Federal Employees Work Plan") to ensure the effective management of human resource matters referred to in this chapter. The Affected Federal Employees Work Plan shall set out the nature, timing and responsible government in respect of activities to be undertaken in the period between the Effective Date and the Transfer Date to effect the transition to the GN of Affected Federal Employees who accept the job offers from the GN referred to in section 8.25, including information sharing and communication with GC employees in devolvable positions in respect of prospective employment with the GN.

8.5 The Parties acknowledge that prior to the Effective Date the GC, subject to any privacy restrictions, provided the GN and NTI, for the purposes of human resource planning and organizational design, with the following information:

1. the location, Qualification Standards, work description and associated group and level of NAO and CNGO positions related to the administration and control of Public Lands and rights in respect of Waters;
2. a description of the benefits package and salary range allocated to each NAO and CNGO position related to the administration and control of Public Lands and rights in respect of Waters; and
3. a breakdown of which NAO and CNGO positions related to the administration and control of Public Lands and rights in respect of Waters are currently occupied and which are vacant.

8.6 During the period between Effective Date and the date that the GC provides the information referred to in section 8.23, the GC shall, subject to any privacy restrictions, provide the GN and NTI with updates to the information referred to in section 8.5.

8.7 When providing the updates referred to in section 8.6 the GC shall, to the extent permitted by applicable privacy restrictions, seek to provide the GN and NTI with updates relating to the number, location, Qualification Standards, work description and associated group and level of NAO and CNGO positions related to the administration and control of Public Lands and rights in respect of Waters that are filled by Inuit.

8.8 No later than one year prior to the Transfer Date, the GC shall, subject to any privacy restrictions, provide the GN and NTI with the location, Qualification Standards, work description and associated group and level of NAO and CNGO positions in Nunavut related to the administration and control of Public Lands and rights in respect of Waters that are encumbered but are anticipated by the GC not to be effectively occupied on the Transfer Date due to some form of leave, accommodation, or assignment. The GC shall provide the GN and NTI with updates to such information until the Transfer Date. The Affected Federal Employees Work Plan shall address the treatment of Affected Federal Employees who are anticipated to be on some form of leave or accommodation on the Transfer Date.

GN Organizational Design

8.9 The Parties acknowledge that the design of the GN organizational structure is an important dimension of human resources planning in relation to Affected Federal Employees.

8.10 The Parties acknowledge that the GN has provided to the GC and NTI its plan for organizational design.

8.11 The GN will provide its preliminary organizational design to the GC and NTI no later than one year following the Effective Date and will provide its detailed organizational design to the GC and NTI no later than six months prior to the Transfer Date.

8.12 The GN shall provide any changes made to its detailed organizational design prior to the Transfer Date to GC and NTI.

8.13 Recognizing the structural and operational differences between the GN and the GC, the GN shall to the degree practicable create positions within the positions created as a result of devolution that are substantively similar to the functions and authorities of the positions of Affected Federal Employees immediately prior to the written offers of employment referred to in section 8.25.

GC Organizational Design

8.14 The GC shall inform the GN and NTI of any organizational changes materially affecting the administration and control of Public Lands and rights in respect of Waters prior to the Transfer Date, including any of the following changes to NAO or CNGO positions related to the administration and control of Public Lands and rights in respect of Waters:

1. changes to the total number of positions;
2. changes to the location of a position;
3. changes to the reporting relationship of a position; or
4. changes to the Qualification Standards, work description and associated group and level of a position.

8.15 The Affected Federal Employees Work Plan shall address the frequency and format for the information to be provided pursuant to sections 8.6 and 8.12.

GC Staffing Prior to Transfer Date

8.16 Recognizing the objective of this chapter, the GC shall undertake measures to maximize the number of NAO and CNGO positions in Nunavut related to the administration and control of Public Lands and rights in respect of Waters that are filled at the date that the GC provides the information referred to in section 8.23.

8.17 The GC shall inform the GN and NTI of the measures referred to in section 8.16, including the status of staffing actions to fill vacant NAO and CNGO positions in Nunavut related to the administration and control of Public Lands and rights in respect of Water.

8.18 The Affected Federal Employees Work Plan shall address the frequency and format for the information to be provided pursuant to section 8.17.

GC Notice of Alternative Delivery Initiative

8.19 The GC shall issue, in writing, a Notice of Alternative Delivery Initiative to each employee who receives a GN written offer of employment pursuant to section 8.25. Such notice shall be dated the same date as the offer of employment.

8.20 The written offers of employment referred to in section 8.25 shall meet or exceed the requirements of a Type 2 Alternative Delivery Initiative pursuant to Part VII of the National Joint Council Work Force Adjustment Directive (Canada) or equivalent provisions of any collective agreement applicable to the Affected Federal Employee receiving such offer.

8.21 The Notice of Alternative Delivery Initiative referred to in section 8.19 shall be delivered by hand or by registered mail to the mailing address of an employee provided to the GN pursuant to subsection 8.23(b).

8.22 Each Affected Federal Employee shall have sixty days from the date of receipt of the Notice of Alternative Delivery Initiative to accept, in writing, the written offer of employment referred to in section 8.25.

GC Information for GN Offers of Employment

8.23 In respect of each indeterminate full-time or indeterminate part-time employee of the GC to whom the GC will send a Notice of Alternative Delivery Initiative, the GC shall, subject to obtaining the written consent of that employee, provide to the GN the most current of the following information in respect of that employee and that employee's substantive position:

1. full name;
2. mailing address;
3. GC email address;
4. number of dependants;
5. position title, work description (or equivalent) which includes a description of the duties or functions of that employee, classification and level to which that employee has been appointed, as defined in the Policy on Terms and Conditions of Employment (Canada);
6. location of position;
7. supervisor's position title;
8. full-time or part-time status;
9. where the employee is subject to a probationary period immediately prior to the Transfer Date, the date of termination of such probationary period;
10. amount of annual Federal Salary and hourly rated Federal Salary;
11. amount of Federal Employer Pension Contribution;
12. Federal Service date;
13. amount of Federal Vacation Leave Value;
14. hours of work;
15. amount of environmental allowance, cost of living differential allowance, shelter cost differential allowance, fuel and utilities differential allowance and vacation travel assistance allowance components of the National Joint Council Isolated Post and Government Housing Directive (Canada) calculated on the basis of that employee's location and number of dependants;
16. compulsory and voluntary deductions; and
17. information in the possession of the GC regarding the work experience of the employee, including the most recent copy of that employee's curriculum vitae (résumé) in the possession of the GC.

8.24 The information referred to in section 8.23 shall be provided by the GC to the GN on a date agreed upon by the GC and the GN, which date shall provide sufficient time for the GN to comply with section 8.25.

GN Offers of Employment

8.25 The GN shall make a written offer of employment to each employee of the GC in respect of whom the GC has provided information pursuant to section 8.23. Such offer of employment shall be made at a date to be agreed to by the GC and the GN so that the date of the offer received by each Affected Federal Employee is no later than six months prior to the Transfer Date. Such written offer shall include an offer of the following terms of employment:

1. a position, the functions and authorities of which represents the position, within the positions created by the GN as a result of devolution, with the closest alignment to the functions and authorities of the substantive position held by the employee immediately prior to the offer of employment as set out in the information provided pursuant to subsection 8.23(e);
2. provide a position which is located in the community which matches the location, as set out in the information provided pursuant to subsection 8.23(f), of the substantive position held by the employee immediately prior to the offer of employment, where that substantive position is located within Nunavut;
3. provide that the employee will not be relocated to a different community for a period of five years from the Transfer Date;
4. where that employee's GN Compensation is equal to or greater than that employee's Federal Compensation, an offer of GN Compensation;
5. where that employee's GN Compensation is less than that employee's Federal Compensation, an offer of GN Compensation and a GN Transition Allowance the sum of which is equal to or greater than that employee's Federal Compensation;
6. where the employee has full-time indeterminate employment status with the GC, employment with the GN as a full-time indeterminate employee; and
7. where the employee has part-time indeterminate employment status with the GC, employment with the GN as a part-time indeterminate employee at the same full-time equivalency.

8.26 Subject to section 8.61, the effective date of the GN written offer of employment shall be the Transfer Date.

8.27 The written offers of employment referred to in section 8.25 shall be delivered by hand or by registered mail to the mailing address of an employee provided to the GN pursuant to subsection 8.23(b) and by email to the employee's GC email address provided pursuant to subsection 8.23(c).

8.28 As soon as is practicable following the delivery pursuant to section 8.27 of the written offers of employment referred to in section 8.25 the GN shall provide the GC with confirmation of such delivery.

Information Sharing – Appointed Employees

8.29 As soon as practicable following an Affected Federal Employee accepting the written offer of employment referred to in section 8.25 and not later than thirty days prior to the Transfer Date the GC shall, subject to obtaining the written consent of that employee, provide to the GN:

1. a statement of the amount of earned and unused federal vacation leave to be considered for the purposes of section 8.54;
2. the amount of sick leave to be credited to that employee pursuant to section 8.57; and
3. a report of that employee's Federal Service as of immediately prior to the Transfer Date including continuous Federal Service, continuous federal employment and Federal Service relevant for the purpose of calculating vacation leave and vacation pay.

8.30 The GC shall advise the GN of all changes to the information provided by the GC pursuant to sections 8.23 and 8.29 that occur prior to the Transfer Date as soon as practicable following any such change occurring.

8.31 Personnel files for all Appointed Employees shall be included in the provision of Records to the GN pursuant to section 9.56.

8.32 As soon as practicable following the Transfer Date, the GC shall provide the GN with a record of pensionable service in respect of each Appointed Employee.

8.33 The GN shall be entitled to rely on information provided by the GC pursuant to sections 8.23, 8.29, 8.30, and 8.32 in meeting its obligations under this chapter in respect of Affected Federal Employees and Appointed Employees.

8.34 The GN shall treat the information provided by the GC pursuant to this chapter in accordance with the Access to Information and Protection of Privacy Act (Nunavut).

8.35 Prior to the Transfer Date, the GN shall use the information provided by the GC pursuant to sections 8.23, 8.29, 8.30, and 8.32 only for the purposes of making the written offers of employment referred to in section 8.25 or for the purposes of creating personnel files for Appointed Employees.

8.36 For greater certainty, if an Affected Federal Employee refuses the written offer of employment referred to in section 8.25, the GN shall protect the confidentiality of information provided by the GC under section 8.23 in respect of that employee by retaining and disposing of such information in accordance with territorial Legislation.

Staff Housing

8.37 Where an Appointed Employee is, at the Transfer Date, residing in a Transferred Staff Housing Unit the GN shall, at the Transfer Date, make available such Transferred Staff Housing Unit to such Appointed Employee.

8.38 As soon as practicable following an Appointed Employee, who resides in a Transferred Staff Housing Unit, accepting the written offer of employment referred to in section 8.25, and not later than sixty days prior to the Transfer Date, the GC shall provide the GN with the following information regarding the Appointed Employee's Transferred Staff Housing Unit:

1. the building and unit number of the Transferred Staff Housing Unit;
2. the square footage of liveable space in the Transferred Staff Housing Unit;
3. the total amount payable monthly by that employee to the GC for rental of the Transferred Staff Housing Unit at the date the job offer from the GN referred to in section 8.25 is made; and
4. a copy of the rental agreement for that employee's Transferred Staff Housing Unit.

8.39 As soon as practicable following the GN receiving the information provided by the GC pursuant to section 8.38, and not later than thirty days prior to the Transfer Date, the GN shall provide the Appointed Employee with a copy of the GN lease agreement for that employee's Transferred Staff Housing Unit.

8.40 Subject to section 8.41, the GN shall ensure, to the degree practicable, that the terms of agreement for the rental of the Transferred Staff Housing Unit in place between the GC and the Appointed Employee immediately prior to the Transfer Date, are made available to such Appointed Employee by the GN immediately following the Transfer Date.

8.41 The rental amount for the Transferred Staff Housing Unit shall be determined in accordance with the staff housing policy and procedures of the GN.

GN Staff Housing Rental Rate Adjustment

8.42 An Appointed Employee residing in a Transferred Staff Housing Unit shall be entitled to be paid a GN Staff Housing Rental Rate Adjustment in each of the first five years following the Transfer Date where in any such year the GN Staff Housing Rental Rate payable by that Appointed Employee to the GN for the Transferred Staff Housing Unit is more than the GC Staff Housing Rental Rate payable for a comparable federal staff housing unit.

8.43 The GN Staff Housing Rental Rate of the Transferred Staff Housing Unit and the GC Staff Housing Rental Rate for a comparable federal staff housing unit shall be calculated annually in each of the first five years following the Transfer Date. The GC shall provide the GN the GC Staff Housing Rental Rate no later than sixty days prior to the start of the year.

8.44 No later than thirty days prior to the start of the year for which an Appointed Employee is entitled to the GN Staff Housing Rental Rate Adjustment, the GN will provide the Appointed Employee a written notice that details the amount of the GN Staff Housing Rental Rate Adjustment for that year.

User-Pay Utility – Electricity

8.45 At the fifth anniversary of the Transfer Date, an Appointed Employee residing in a Transferred Staff Housing Unit where electricity can be individually metered, will be responsible for all electricity costs incurred in the Transferred Staff Housing Unit. This utility will no longer be part of the GN Staff Housing Rental Rate.

8.46 No later than ninety days prior to the fifth anniversary of the Transfer Date, the GN will provide the Appointed Employee a written notice that details the adjusted amount of the GN Staff Housing Rental Rate and any user-pay procedures.

Probationary Period

8.47 Subject to section 8.48, an Appointed Employee shall not be subject to a probationary period with respect to the position to which that employee is first appointed by the GN.

8.48 Where an Appointed Employee is subject to a probationary period immediately prior to the Transfer Date, that employee shall be subject to, with respect to the position to which that employee is first appointed by the GN, a probationary period not longer than the remainder of that probationary period as at the Transfer Date.

Anniversary Date and Performance Increments

8.49 For the purposes of the GN Terms of Employment the anniversary date of an Appointed Employee shall be the Transfer Date.

8.50 As of the Transfer Date, the entitlement of an Appointed Employee to performance increments shall be determined pursuant to the GN Terms of Employment.

Annual Leave or Annual Leave Payout

8.51 As of the Transfer Date, the entitlement of any Appointed Employee to annual leave or annual leave payout shall be determined pursuant to the GN Terms of Employment based on the aggregate of that employee's Federal Service and continuous employment with the GN following the Transfer Date.

8.52 Notwithstanding section 8.51, the annual leave or annual leave payout accrual rate for an Appointed Employee shall be equal to or greater than the accrual rate to which that employee would be entitled immediately prior to the Transfer Date if that accrual rate were based on the aggregate of that employee's Federal Service and continuous service with the GN following the Transfer Date.

8.53 On the Transfer Date the GN shall provide one year's entitlement of annual leave, calculated in accordance with sections 8.51 and 8.52, to an Appointed Employee.

8.54 On the Transfer Date, in addition to the annual leave provided pursuant to section 8.53, the GN shall credit an Appointed Employee with annual leave in an amount equal to the lesser of:

1. that employee's earned and unused federal vacation leave credits immediately prior to the Transfer Date; and
2. one year's entitlement of annual leave, calculated in accordance with sections 8.51 and 8.52.

8.55 Upon termination of the federal employment of an Appointed Employee, the GC shall pay to that employee any accrued but unused federal vacation leave credits in excess of those referred to in section 8.54.

Pension Plan

8.56 For the purposes of the Public Service Superannuation Act (Canada) the employment of an Appointed Employee shall be deemed not to be interrupted by reason of that employee's termination of employment with the GC as a result of this Agreement and, as of the Transfer Date, an Appointed Employee shall be entitled to the provisions of the Public Service Superannuation Plan or any successor plan available to GN employees in accordance with the GN Terms of Employment.

Sick Leave

8.57 On the Transfer Date, the GN shall credit an Appointed Employee with sick leave credits equal to the amount of earned and unused sick leave available to that employee immediately prior to the Transfer Date and that employee shall, as of the Transfer Date, begin to accrue sick leave in accordance with the GN Terms of Employment.

Health Care, Dental, Disability, Life Insurance, and other Benefits

8.58 As of the Transfer Date, an Appointed Employee shall be entitled to participate in and receive the benefit of the health care plan, dental plan, long term and short term disability plans, life insurance plan, death benefits, and other GN benefits available to GN employees (including mandatory paid leave) subject to and in accordance with the GN Terms of Employment.

Maternity, Parental and Adoption Leave Allowances

8.59 As of the Transfer Date, the eligibility of an Appointed Employee for a maternity, parental or adoption leave allowance shall be determined pursuant to the GN Terms of Employment based on the aggregate of that employee's Federal Service and continuous service with the GN following the Transfer Date.

Waiting Period

8.60 An Appointed Employee's participation in the benefits referred to in sections 8.58 and 8.59 shall not be subject to a waiting period unless that employee was subject to a waiting period immediately prior to the Transfer Date, in which case the waiting period shall be no longer than the remainder of that waiting period as at the Transfer Date.

Arrangements for Continuation of Leave Without Pay and Other Assignments

8.61 Where a GC employee in a devolvable position will be on approved leave without pay or other assignment on the Transfer Date, Part VII of the National Joint Council Workforce Adjustment Directive (Canada) will be followed to determine the date that the GC shall issue, in writing, a Notice of Alternative Delivery Initiative to such employee and the GN shall make a written offer of employment to such employee on the same date that the employee is issued a Notice of Alternative Delivery Initiative. The date of employment with the GN in the written offer of employment shall be no earlier than six months following the date of the written offer of employment. In interpreting the application of the provisions of this chapter to such employee, the date of employment of the employee shall replace the Transfer Date.

Other GN Leave

8.62 Except as otherwise provided in this chapter, an Appointed Employee will earn leave and will be granted leave in accordance with the GN Terms of Employment.

Nunavut Northern Allowance

8.63 As of the Transfer Date, an Appointed Employee shall be paid a Nunavut Northern Allowance determined in accordance with the GN Terms of Employment.

Compensation

8.64 On the Transfer Date, the sum of an Appointed Employee's GN Compensation and GN Transition Allowance shall be greater than or equal to that employee's Federal Compensation at the date of the written offer of employment referred to in section 8.25, as adjusted pursuant to section 8.65.

8.65 The Federal Compensation referred to in section 8.64 shall be adjusted to reflect any change in Federal Compensation that occurs prior to the Transfer Date.

8.66 If an increase to any element of the Federal Compensation which is applicable to an Appointed Employee occurs following the Transfer Date with retroactive effect prior to the Transfer Date, then:

1. the Federal Compensation, as adjusted pursuant to section 8.65, of that employee shall be adjusted to reflect the increase and to determine what the Federal Compensation of that employee would have been immediately prior to the Transfer Date;
2. the GC will pay a lump-sum amount to that employee representing any increase in the Federal Compensation of that employee that corresponds to that employee's period of employment with the GC prior to the Transfer Date; and
3. where the Federal Compensation, as adjusted pursuant to subsection 8.66(a) is greater than the sum of the GN Compensation and GN Transition Allowance as at the Transfer Date, the GN shall:
   1. provide or increase, as the case may be, the GN Transition Allowance, with effect from the Transfer Date, so that the sum of the new or adjusted GN Transition Allowance and the GN Compensation shall be equal to or greater than the Federal Compensation as adjusted pursuant to subsection 8.66(a); and
   2. pay a lump-sum amount to that employee representing the retroactive value of the increase calculated pursuant to paragraph 8.66(c)(i) that corresponds to that employee's period of employment with the GN following the Transfer Date and up to the date of such payment.

8.67 The lump sum payment to an Appointed Employee pursuant to subsection 8.66(b) shall not include any amount in respect of an increase in the Federal Employer Pension Contribution.

GN Transition Allowance

8.68 An Appointed Employee shall be entitled to be paid a GN Transition Allowance in each of the first five years following the Transfer Date where in any such year the GN Compensation is less than the Federal Compensation of such employee at the Transfer Date, as adjusted where necessary pursuant to section 8.65 or subsection 8.66(a). The amount of the GN Transition Allowance in any such year shall be equal to the amount such Federal Compensation is greater than the applicable GN Compensation in that year.

8.69 No later than thirty days prior to the start of the year for which an Appointed Employee is entitled to the GN Transition Allowance, the GN will provide the Appointed Employee a written notice that details the amount of the GN Transition Allowance payable for that year.

8.70 Where an Appointed Employee is entitled to be paid a GN Transition Allowance, the amount of such GN Transition Allowance for that year, as adjusted where necessary pursuant to paragraph 8.66(c)(i) and section 8.71, shall be paid to that Appointed Employee as a biweekly payment.

8.71 The amount of the GN Transition Allowance will be adjusted to reflect any change in GN Compensation that occurs during the year in which it is paid. The GN will notify the Appointed Employee in writing of any change.

GN Salary Administration

8.72 At the fifth anniversary of the Transfer Date, where an Appointed Employee's GN Compensation is less than that employee's Federal Compensation, as adjusted pursuant to section 8.65 or subsection 8.66(a), that employee's GN Salary shall be adjusted to equal the maximum amount of the GN pay range or pay band of the GN position of that employee and from the date of the adjustment that employee's GN Salary shall be determined in accordance with the GN Terms of Employment.

8.73 Subject to section 8.72, an Appointed Employee's GN Salary shall, as of the Transfer Date, progress through the GN pay range or pay band in accordance with the GN Terms of Employment.

8.74 For greater certainty and notwithstanding any provision of this Agreement, an Appointed Employee's pensionable GN Salary on the Transfer Date shall be no less than the pensionable Federal Salary of that employee immediately prior to the Transfer Date, as adjusted pursuant to section 8.65 or subsection 8.66(a).

Term Employees

8.75 Without obligations of any kind on the GC or the GN, the GN shall consider offering employment to each Federal Term Employee who will be terminated on the Transfer Date as a result of devolution.

Job Description Review

8.76 As of the Transfer Date, an Appointed Employee shall have any rights to request a review of the evaluation of that employee's position that exist pursuant to and in accordance with GN Terms of Employment.

Federal Service Severance Pay and Relocation Benefits

8.77 The GN shall have no obligation or liability in respect of any relocation benefits or severance payment entitlements of an Appointed Employee arising from that employee's Federal Service.

GN Additional Measures

8.78 During the period between the Effective Date and the Transfer Date the GN may establish additional measures aimed at maximizing the acceptance of job offers from the GN by Affected Federal Employees. No such measures shall affect the terms or conditions of employment with the GC of any Affected Federal Employee, unless otherwise agreed to in writing by the GC.

GN Collective Agreement

8.79 The GC and the GN acknowledge that the consent of the parties to the GN Collective Agreement is required in respect of any amendments to that agreement which may be required to implement the provisions of this Agreement corresponding to this chapter.

Federal Buildings

9.1 The GC shall transfer to the Commissioner, on the Transfer Date, administration and control of the Listed Federal Buildings and Properties attached hereto as Appendix 7.

9.2 Where NAO or CNGO is the occupant of premises in a Federal Building under the administration and control of CIRNAC and such Federal Building is not a Listed Federal Building, CIRNAC and the GN shall enter into an agreement for occupancy prior to the Transfer Date, which agreement unless otherwise agreed shall:

1. be in place at least six months prior to Transfer Date and take effect at the Transfer Date;
2. provide for the occupancy by the GN of the premises which were occupied by NAO or CNGO prior to the Transfer Date in respect of responsibilities transferred pursuant to this Agreement;
3. provide for the term for which the agreement shall remain in effect; and
4. provide for terms and conditions of the GN's occupancy based on commercial lease practices in respect of similar premises.

9.3 Where the GC continues to require premises within a Listed Federal Building for its functions following the Transfer Date, the GN shall upon request by the GC, enter into an agreement for occupancy with the GC prior to the Transfer Date which agreement unless otherwise agreed, shall:

1. be in place at least six months prior to Transfer Date and take effect at the Transfer Date;
2. provide for the occupancy of the premises which were occupied by the GC prior to the Transfer Date;
3. provide for the term for which the agreement shall remain in effect; and
4. provide for terms and conditions of the GC's occupancy based on commercial lease practices in respect of similar premises.

9.4 Notwithstanding section 9.3, the GC shall provide possession of the Qimugjuk Building to the GN on the Transfer Date and such building shall as of the Transfer Date be vacated of any GC occupants. For certainty this does not apply to Appointed Employees, or any assets transferred to the GN pursuant to this Agreement.

9.5 The GC shall provide the GN reasonable opportunity to conduct inspections of any Listed Federal Building and such inspections shall be scheduled and conducted in a manner that minimizes disruption to the GC's operations.

9.6 The GC will continue its regular scheduled maintenance of Listed Federal Buildings until the Transfer Date.

9.7 In respect of each Listed Federal Building the GC shall as soon as practicable but no later than six months following the Effective Date provide the GN with a current Phase I Environmental Site Assessment report.

9.8 Where any Phase I Environmental Site Assessment referred to in section 9.7 indicates a likelihood of contamination, a higher level Environmental Site Assessment shall be undertaken and completed by the GC and provided to the GN as soon as practicable following receipt of the Phase I Environmental Site Assessment and in any event no later than twelve months prior to the Transfer Date.

9.9 The GC shall be responsible for Remediation, in accordance with CCME Guidelines, of any deficiencies identified under an Environmental Site Assessment report referred to in section 9.7 or 9.8.

9.10 Each Listed Federal Building shall on the Transfer Date be in a condition adequate to:

1. meet the functional requirements related to the functions for which such building is used by the GC immediately prior to the Transfer Date; and
2. meet the minimum statutory and regulatory health and safety requirements such building will be subject to immediately prior to the Transfer Date.

9.11 At least one year prior to the Transfer Date and continuing until Transfer Date the GC will discuss with the GN any issues that the GN identifies with respect to a Listed Federal Building not meeting the functional requirements or minimum statutory and regulatory health and safety requirements the building will be subject to immediately following transfer.

9.12 The GC shall endeavour to complete the Remediation referred to in section 9.9, and remedy any deficiencies to meet the requirements of section 9.10 prior to the Transfer Date. Where such Remediation or remedying of deficiencies is not anticipated to be completed prior to the Transfer Date the GC shall work cooperatively with the GN to identify measures to ensure that disruption to the GN's operations following the Transfer Date are minimized and shall:

1. complete the Remediation or remedying of any deficiencies as soon as practicable following the Transfer Date; or
2. subject to agreement by the GN, pay to the GN funds in lieu of the GC completing the Remediation or completing the remedying of deficiencies.

9.13 Subject to any security or privacy concerns, the GC shall provide a floor plan for all Listed Federal Buildings on the Effective Date and advise the GN as of that date if it plans to make any changes to such floor plans. Such floor plans shall provide a level of detail reasonably required by the GN for planning purposes related to its occupancy of building on the Transfer Date. The GC shall also advise the GN every six months following the Effective Date, up to and including the Transfer Date, whether any changes to any such floor plans have been, or are planned to be, made. Any such changes made by the GC during the twelve month period prior to the Transfer Date shall require the consent of the GN.

9.14 In respect of each Listed Federal Building that is under the administration and control of Public Works Canada, the GC shall provide the GN ongoing funding for:

1. payment in lieu of taxes; and
2. operations and maintenance;

in an amount equal to the amount Public Works Canada was funded for the Listed Federal Building immediately prior to the Transfer Date.

9.15 The GC and GN acknowledge that the funding referred to in section 9.14 is included in the ongoing funding referred to in section 10.16.

Owned Staff Housing Units

9.16 The GC and the GN acknowledge that the Owned Staff Housing Units set out in Appendix 7 is a preliminary list and subject to amendment prior to finalization as contemplated in section 9.17.

9.17 The GC shall Consult with the GN regarding any changes to the list of Owned Staff Housing Units set out in Appendix 7 following which the GC shall finalize the list and provide it to the GN no later than six months prior to the Transfer Date.

9.18 The GC shall transfer to the Commissioner, on the Transfer Date, administration and control of the Owned Staff Housing Units set out in the finalized list referred to in section 9.17.

9.19 Sections 9.7 to 9.12 shall apply to the Owned Staff Housing Units referred to in sections 9.16 and 9.17 in the same manner as they apply to Listed Federal Buildings.

Public Works Canada Leaseholds

9.20 Public Works Canada and the GN shall enter into an agreement no less than six months prior to the Transfer Date in respect of the GN occupancy of premises effective on the Transfer Date where:

1. Public Works Canada is a lessee of the premises, the premises are occupied, in whole or in part, by NAO or CNGO in respect of responsibilities transferred pursuant to this Agreement and the retention of the leasehold interest of Public Works Canada is required following the Transfer Date for federal program purposes; or
2. a Federal Building under the administration and control of Public Works Canada, which is not a Listed Federal Building, is occupied by NAO or CNGO in respect of responsibilities transferred pursuant to this Agreement.

9.21 Unless otherwise agreed by the GN and Public Works Canada, an agreement for occupancy referred to in section 9.20 shall:

1. take effect at the Transfer Date;
2. provide for the occupancy by the GN of the premises which were occupied by NAO or CNGO prior to the Transfer Date, in respect of responsibilities transferred pursuant to this Agreement;
3. provide for occupancy costs, terms and conditions equivalent to those of the NAO or CNGO occupancy immediately prior to the Transfer Date;
4. provide for the term for which the agreement shall remain in effect; and
5. subject to subsection 9.21(c), provide for other terms and conditions of the GN occupancy based on commercial lease practices in respect of similar premises.

Office Leases

9.22 The GC shall assign to the GN on, and with effect from, the Transfer Date, the Office Leases listed in Appendix 8. The GC and GN acknowledge that the list attached hereto as Appendix 8 is a preliminary list and is subject to amendment prior to finalization as referred to in section .23.

9.23 The GC shall Consult with the GN regarding any changes to the list of Office Leases set out in Appendix 8 following which the GC shall provide the GN with an updated preliminary list and a finalized list three months prior to the Transfer Date.

Leased Staff Housing Units

9.24 The GC and the GN acknowledge that the Leased Staff Housing Units set out in Appendix 8 is a preliminary list and subject to amendment prior to finalization as contemplated in section 9.25.

9.25 The GC shall Consult with the GN regarding any changes to the list of Leased Staff Housing Units set out in Appendix 8 following which the GC shall provide the GN with an updated preliminary list on the date the GC delivers the Notices of Alternative Delivery Initiative and a finalized list three months prior to the Transfer Date.

9.26 The GC shall make best efforts to assign to the GN, on the Transfer Date, the GC's leasehold interest in, including all rights and obligations of the GC under, each of the leases set out on the finalized list referred to in section 9.25.

9.27 The GN, having been advised of the particular Leased Staff Housing Units the GC proposes to transfer to the GN, may reject the transfer by the GC of any non-occupied Leased Staff Housing Unit.

9.28 Prior to the Transfer Date the GC shall provide the GN with a listing of the leases set out in the finalized list referred to in section 9.25 which are to be transferred.

9.29 Prior to the Transfer Date the GC shall provide the GN with a listing of leases set out in the finalized list referred to in section 9.25 which are not to be transferred and a summary of the efforts made to secure the assignment of the lease.

9.30 The GC and GN acknowledge that Leased Staff Housing Units occupied by Affected Federal Employees who do not accept the written offer of employment referred to in section 8.25 shall remain on the list of Leased Staff Housing Units set out in Appendix 8 and the transfer of the leasehold interest to the GN shall be on the Transfer Date or, if there is a requirement that the Affected Federal Employee remain in the Leased Staff Housing Unit until the end of the school year, then the earliest date such requirement has been fulfilled.

9.31 The GC shall provide the GN reasonable opportunity to conduct inspections of any Leased Staff Housing Unit referred to in the lists set out in sections 9.24 and 9.25.

9.32 The GC will continue any regular scheduled maintenance of the Leased Staff Housing Units referred to in the preliminary and finalized lists referred to in sections 9.24 and 9.25 until the Transfer Date.

Moveable Assets

9.33 As soon as practicable but no later than one year following the Effective Date, the GC shall provide to the GN a list of Moveable Assets dedicated to or used by NAO or CNGO in respect of responsibilities transferred pursuant to this Agreement. The list shall identify Moveable Assets individually except where the nature or value of Moveable Assets would make listing by category or class more practicable.

9.34 The GC shall update the list described in section 9.33 annually and the GC shall provide the GN with an updated preliminary list six months prior to the Transfer Date and a finalized list three months prior to the Transfer Date.

9.35 Upon request by the GN, the GC shall provide the GN reasonable opportunity to inspect any Moveable Asset identified or described on the list referred to in section 9.33, as updated pursuant to section 9.34. The GN and the GC agree to schedule and conduct such inspections in a manner that minimizes disruption to the GC's operations.

9.36 Each Moveable Asset on the list referred to in section 9.33, as updated pursuant to section 9.34, shall, on the Transfer Date, be in a state of repair adequate to meet the functional requirements related to the functions for which such asset is used by the GC immediately prior to the Transfer Date. Should the GN determine a Moveable Asset is not desired at the time of transfer, the GN may elect to decline the transfer in its sole discretion provided that the GN shall provide sufficient notice, as determined by GC, to the GC to allow the GC to remove, relocate or properly dispose of such Movable Asset prior to the Transfer Date. If the GN fails to provide such sufficient notice, the Moveable Asset shall be transferred to the GN. GC will not be required to replace or support replacement of any declined Moveable Asset.

9.37 The GC will continue its regular scheduled maintenance of the Moveable Assets until the Transfer Date.

9.38 Subject to section 9.36, on the Transfer Date the GC shall transfer to the GN all Moveable Assets identified on the list described in section 9.33, as updated pursuant to section 9.34.

IT Assets

9.39 As soon as practicable but no later than six months following the Effective Date, the GC and the GN shall share information related to their respective IT Assets for the purpose of planning the integration of IT Assets into the GN infrastructure.

9.40 The GC and the GN shall work cooperatively between the Effective Date and the Transfer Date to ensure the orderly integration of IT Assets into the GN infrastructure, such cooperation shall include the establishment and implementation, where practicable, of an IT work plan and regular meetings of a formal IT working group comprised of representatives from the GC and the GN.

9.41 As soon as practicable but no later than six months following the Effective Date, the IT working group shall develop an IT Assets work plan for the period from the Effective Date to the Transfer Date to address:

1. the identification and evaluation of IT Assets to be transferred;
2. any compatibility concerns relating to IT Assets; and
3. the orderly transfer and integration of IT Assets into the GN infrastructure.

9.42 Each of the GC and the GN shall, prior to the Transfer Date, Consult with the other in respect of any material investments in IT Assets.

Copyright in Publications

9.43 Prior to the Transfer Date, the GC shall assign copyright to, or licence the use by, the GN of those works used by NAO or CNGO in respect of responsibilities transferred to the GN pursuant to this Agreement.

9.44 Notwithstanding section 9.43, only the copyright that may subsist in legends, annotations, sketches and other additions to maps created by NAO or CNGO personnel are assigned pursuant to section 9.43, and any other copyright owned by the GC in maps, including topography information, is excluded from the assignment of copyright referred to in section 9.43.

9.45 Nothing in section 9.44 shall affect the validity of any licence provided by the GC to the GN for the use of any map or prevent the GN from obtaining such a licence from the GC in relation to any map.

9.46 If following the Transfer Date the GN needs, for the continued fulfilment of the responsibilities transferred to it pursuant to this Agreement, to use any work in which the GC owns copyright, the GC and the GN shall enter into arrangements to ensure that enough copies of the work will be made available to the GN including arrangements for the assignment or licensing of copyright in such work.

Computer Programs Copyright and Licences

9.47 Prior to the Transfer Date the GC shall provide for the assignment of copyright to, or licence the use by, the GN of those computer programs used by NAO or CNGO in relation to the administration and control of Public Lands and rights in respect of Waters.

9.48 Where a computer program used by NAO or CNGO in relation to the administration and control of Public Lands and rights in respect of Waters cannot, or the GN and the GC agree will not, be assigned or licenced to the GN pursuant to section 9.47, the GC shall ensure that the GN has use of such computer program as is reasonably necessary for the GN to fulfill the responsibilities transferred to it pursuant to this Agreement.

Contracts

9.49 As soon as practicable but no later than six months following the Effective Date, the GC shall provide the GN and NTI with a list of all contracts entered into by the GC which:

1. are in respect of NAO or CNGO functions that will no longer be performed by the GC following the Transfer Date; and
2. have terms which expire following the Transfer Date.

9.50 The GC shall indicate on the list referred to in section 9.49 the contracts in respect of which the GN will agree to assume from the GC all of the GC's rights and obligations as of the Transfer Date.

9.51 The GC shall Consult with the GN regarding the list referred to in section 9.49 following which the GC will finalize the list and provide it to the GN at least three months prior to the Transfer Date.

9.52 Where the list of contracts referred to in section 9.49 is amended the GC shall deliver notice to NTI within fifteen days of the date of such amendment.

9.53 The GN shall agree to assume from the GC all of the GC's rights and obligations, as of the Transfer Date, under each of the contracts set out on the finalized list referred to in section 9.51.

9.54 Where a contract on the list referred to in section 9.51 does not allow for the GN to assume the GC's rights and obligations as contemplated by section 9.53, or a party to the contract does not provide consent required under the contract for such assumption to occur, the GC shall, in the Legislation referred to in section 3.7, make provision for such assumption to occur and for compensation to any party to the contract, other than the GN, for costs or losses, if any, arising from such assumption.

9.55 In the unanticipated event that there is new procurement concerning properties, assets, records and services that are the subject of this chapter, the GC and GN will provide reasonable support and assistance to Inuit firms to enable them to compete for the new contracts, in accordance with Article 24 of the Nunavut Agreement and, for the GN, the Nunavummi Nangminiqaqtunik Ikajuuti Regulations (also known as the NNI regulations).

Records

9.56 The GC and the GN shall develop a list of all Records under the control of the GC which are necessary for the GN to fulfill the responsibilities transferred to it pursuant to this Agreement and shall complete a preliminary list following the first anniversary of the Effective Date and complete a finalized list no later than one year prior to the Transfer Date.

9.57 Subject to applicable Legislation, the GC shall provide to the GN on or before the Transfer Date originals or copies of all Records on the finalized list referred to in section 9.56. Such Records shall be provided, in accordance with Federal policies and procedures, to the GN in an organized state sufficient to allow the GN to use the Records, as of the Transfer Date, for functions for which such Record is used by the GC immediately prior to the Transfer Date. The GC will maintain all records until the Transfer Date.

9.58 Upon request of the GN made with reasonable notice, the GC shall provide the GN with the original or a copy of a Record that has not been provided to the GN pursuant to section 9.57, where that Record is under the control of the GC and relates to the responsibilities transferred to the GN pursuant to this Agreement.

9.59 Notwithstanding section 9.57 or 9.58, where for any reason the original Record cannot be transferred or copied, the Record will be loaned subject to such terms as may be agreed upon by the GC and the GN.

9.60 Prior to the provision of Records to the GN, CIRNAC's Records retention and disposition schedules shall be applied.

9.61 Records provided to the GN pursuant to section 9.59 shall be under the custody and control of the GN and the Access to Information and Protection of Privacy Act (Nunavut) and related territorial Legislation will apply, as the case may be, to such Records.

9.62 Notwithstanding section 9.57, 9.58 or 9.59, prior to the provision of any Record to the GN, the GC may remove any information subject to solicitor-client privilege.

9.63 Notwithstanding section 9.57, 9.58 or 9.59, prior to the provision of any Record to the GN, the GC shall:

1. remove information containing confidences of the King's Privy Council;
2. subject to section 9.65, remove personal information as defined by the Privacy Act (Canada); and
3. subject to section 9.67, remove information received from a third party as defined by the Access to Information Act (Canada).

9.64 Where the information referred to in section 9.63 has been removed from a Record, the GC shall make a notation in that Record indicating that information has been removed and the ground pursuant to section 9.63 on which that information has been removed.

9.65 Where a Record provided to the GN pursuant to section 9.57, 9.58 or 9.59 contains personal information referred to in subsection 9.63(b) but that information is required for the continued fulfillment by the GN of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

9.66 The use by GN of the personal information referred to in section 9.65 shall be subject to the Access to Information and Protection of Privacy Act (Nunavut) and any applicable provisions of other territorial Legislation relating to the access to information or the protection of privacy.

9.67 Where a Record provided to the GN pursuant to section 9.57, 9.58 or 9.59 contains third party information referred to in subsection 9.63(c) but that information is required for the continued fulfillment by the GN of the responsibilities transferred to it pursuant to this Agreement, the information shall not be removed from that Record.

9.68 Where third party information referred to in subsection 9.63(c) is included in a Record provided to the GN pursuant to section 9.57, 9.58 or 9.59, the GN shall maintain any confidentiality under which this information was provided to the GC.

9.69 The GN shall determine in Consultation with the GC whether any amendment to its Legislation is necessary in order to comply with the obligations of the GN in respect of the maintenance of the confidentiality or privacy of information contained in Records provided to the GN pursuant to this Agreement. If such Legislation is determined to be necessary, the GN shall introduce and support as a government measure such Legislation.

9.70 Federal Legislation shall provide that:

1. any Record provided to the GN pursuant to section 9.57, 9.58 or 9.59 that is subject to solicitor-client privilege immediately prior to the Transfer Date shall remain subject to solicitor-client privilege notwithstanding that the Record has been provided to the GN; and
2. solicitor-client privilege attaching to any Record referred to in subsection 9.70(a) shall not be waived by the GN without the written consent of the Minister of Northern Affairs and, without limiting the generality of the foregoing, the GN shall not, without the written consent of the Minister of Northern Affairs:
   1. use any Record referred to in subsection 9.70(a) in any court proceedings; or
   2. disclose any Record referred to in subsection 9.70(a) to anyone other than its employees and agents, subject to applicable law.

One-Time Funding for Transitional Activities

10.1 The GC agreed to provide the GN a total amount not to exceed $67,250,000 in one-time funds for all one-time transitional activities including those listed in Appendix 9.

10.2 GC and the GN acknowledge that GC has provided, and the GN has received, $6,000,000 of the total amount described in section 10.1.

10.3 In addition to the amount referred to in section 10.2, the GC shall provide to the GN the amount of $61,250,000 in one-time funds for all one-time transitional activities including those listed in Appendix 9.

10.4 The $61,250,000 funding referred to in section 10.3 shall be provided by the GC to the GN in the following manner:

1. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2024, pursuant to which the GC shall provide funding to the GN in the amount of $20,400,000;
2. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2025, pursuant to which the GC shall provide funding to the GN in the amount of $20,400,000; and
3. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2026, pursuant to which the GC shall provide funding to the GN in the amount of $20,450,000.

GN One-Time Funding for Vacation Leave Credits

10.5 On the Transfer Date or shortly thereafter when amounts are finalized, GC shall provide to the GN an amount equal to the dollar value of the aggregate vacation leave credited to Appointed Employees pursuant to section 8.54 and such amount shall be based on the GN Salaries of such Appointed Employees as at the Transfer Date.

NTI One-Time Funding for Transitional Activities

10.6 The GC agreed to provide NTI a total amount not to exceed $1,750,000 in one-time funds for all one-time transitional activities including those listed in Appendix 10.

10.7 GC and NTI acknowledge that GC has provided, and NTI has received, $650,000 of the total amount described in section 10.6.

10.8 In addition to the amount referred to in section 10.7, the GC shall provide to NTI the amount of $1,100,000 in one-time funds for all one-time transitional activities including those listed in Appendix 10.

10.9 The $1,100,000 funding referred to in section 10.8 shall be provided by the GC to NTI in the following manner:

1. the GC and NTI shall enter into a funding agreement, with effect from April 1, 2024, pursuant to which the GC shall provide funding to NTI in the amount of $350,000;
2. the GC and NTI shall enter into a funding agreement, with effect from April 1, 2025, pursuant to which the GC shall provide funding to NTI in the amount of $375,000; and
3. the GC and NTI shall enter into a funding agreement, with effect from April 1, 2026, pursuant to which the GC shall provide funding to NTI in the amount of $375,000.

One-Time Human Resource Development Funding

10.10 The GC agreed to provide the GN a total amount of $15,000,000 to fund the human resources development activities of the Transitional Strategy between the date of approval of the Transitional Strategy and the Transfer Date.

10.11 GC and the GN acknowledge that GC has provided, and the GN has received, $6,000,000 of the total amount described in section 10.10.

10.12 In addition to the amount referred to in section 10.11, the GC shall provide to the GN the amount of $9,000,000 to fund the human resources development activities of the Transitional Strategy during the period between the Effective Date and the Transfer Date. The GC shall not be obligated to provide additional funding for the activities referred to in Chapter 7.

10.13 The $9,000,000 funding referred to in section 10.12 shall be provided by the GC to the GN in the following manner:

1. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2024, pursuant to which the GC shall provide funding to the GN in the amount of $3,000,000;
2. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2025, pursuant to which the GC shall provide funding to the GN in the amount of $3,000,000; and
3. the GC and the GN shall enter into a funding agreement, with effect from April 1, 2026, pursuant to which the GC shall provide funding to the GN in the amount of $3,000,000.

Funding Mechanism for GC Funding

10.14 The funding to be provided by the GC pursuant to in sections 10.3, 10.8, and 10.12 shall be provided through funding agreements which are consistent with the GC's Policy on Transfer Payments.

Ongoing Funding for Human Resources Development

10.15 Following the Transfer Date the GN shall make available annual funding in the amount of $5,000,000 for the implementation of the Post-Devolution Strategy.

Ongoing Funding to the GN

10.16 The GC shall provide to the GN annual funding in the amount of $85,800,000 by making an adjustment, on the Transfer Date, to the Gross Expenditure Base as determined under the Federal-Provincial Fiscal Arrangements Act and Federal-Provincial Fiscal Arrangements Regulations, 2007 or any successor program governing the financial arrangements between the GC and the GN.

Ongoing Funding to NTI

10.17 The GC shall provide to NTI annual funding in the amount of $3,000,000.

10.18 NTI acknowledges that the on-going funding amount of $3,000,000 referred to in section 10.17 includes the total amount the GC will fund NTI in respect of all of the costs of NTI arising from this Agreement following the Transfer Date, including any costs of NTI arising from Chapter 5 of this Agreement and the cost of NTI's participation on the ISMC.

10.19 Commencing on the first anniversary of the Transfer Date and annually thereafter the payments pursuant to section 10.17 shall be adjusted to reflect the change between FDDIPI determined for the period of the most recent quarter preceding the anniversary of the Transfer Date ("FDDIPIy-1") and FDDIPI determined for the period of the most recent quarter preceding the most recent previous anniversary of the Transfer Date ("FDDIPIy-2") in accordance with the following formula:

10.20 If the GC adopts an annual escalator formula based on a different price index than FDDIPI for on-going funds provided to other Indigenous groups, to which an annual escalator formula based on FDDIPI currently applies, then the GC and NTI shall review the use of the FDDIPI price index in the escalator formula set out in section 10.19.

10.21 The funding to be provided by the GC pursuant to section 10.17 shall be provided through funding agreements which are consistent with the GC's Policy on Transfer Payments.

Other Funding

10.22 Notwithstanding that the Nunavut Surface Rights Tribunal and the Nunavut Water Board shall be continued under territorial Legislation referred to in subsection 3.8(b), the GC shall continue to be responsible for providing funding to support the administration of the Nunavut Surface Rights Tribunal and the Nunavut Water Board. Unless the Parties agree otherwise, the GC shall provide such its share of funding for these bodies directly to the Nunavut Surface Rights Tribunal and the Nunavut Water Board in amounts and on such terms and conditions as are determined by implementation processes pursuant to the Nunavut Agreement, including any contract regarding such implementation made pursuant to the Nunavut Agreement. The Parties acknowledge that the on-going funding from the GC to the GN provided pursuant to section 10.16 includes the funding for the costs to the GN related to the administration of the territorial Legislation referred to in subsection 3.8(b). For greater certainty, nothing in this Agreement prevents the GN from providing additional funding to support these bodies.

10.23 The Parties acknowledge that the on-going funding from the GC to the GN provided pursuant to section 10.16 includes funding for operational responsibilities related to the Nunavut General Monitoring Plan Secretariat and for funding projects related to the Nunavut General Monitoring Plan. Any further funding from the GC in the relation to the Nunavut General Monitoring Plan shall be in amounts and on such terms and conditions as determined by implementation processes pursuant to the Nunavut Agreement. This may include any contract regarding such implementation made pursuant to the Nunavut Agreement or other implementation authorities. For greater certainty, nothing in this Agreement prevents the GN from allocating additional funding to supplement the funding provided by the GC pursuant to this Agreement or, from time to time, as determined by implementation processes pursuant to the Nunavut Agreement.

Identification of Issues

13.1 In this chapter:

1. "Dispute" means a dispute among the Parties, or between any two of the Parties, in respect of the interpretation, application or iChaptmplementation of:
   1. the body of this Agreement;
   2. any Appendix listed under section 1.9 of this Agreement; or
   3. a dispute referred for resolution by a Party pursuant to section 6.1 of the Implementation Planning Committee Terms of Reference;

but excludes any dispute already subject to a dispute resolution process set out in this Agreement.

2. "Party" means a party to a Dispute and "Parties" means all parties to a Dispute.

13.2 Unless the Parties otherwise agree, any Dispute under this Agreement to which Article 38 of the Nunavut Agreement applies shall be determined under the dispute resolution procedures set out in Article 38 of the Nunavut Agreement.

13.3 Before invoking a court process to resolve a Dispute, the Parties will attempt to resolve the Dispute through the process set out in sections 13.4 to 13.14.

Notice and Discussion

13.4 If a Dispute arises the Parties shall first attempt to resolve the Dispute through discussion.

13.5 A Party may within thirty days of the Dispute arising give written notice to Parties, and any party to this Agreement that is not a Party, describing the details of the Dispute and any requested or proposed remedy or resolution.

13.6 Within thirty days of the giving of notice under section 13.5, the Parties will meet to attempt in good faith to negotiate a resolution of the Dispute.

13.7 If the Dispute has not been resolved thirty days from the date of the first meeting between the Parties, or such other time as the Parties may determine, either Party may refer the matter to mediation to attempt resolution of the Dispute.

Mediation

13.8 The Parties will agree on the appointment of a mediator for the Dispute.

13.9 If the Parties are unable to agree to a mediator within fifteen days of the referral of the Dispute to mediation, the mediator will be selected by the ADR Institute of Canada or a similar body agreeable to the Parties from a list comprised of at most two candidates put forward by each Party.

13.10 The place of mediation will be Nunavut, or if Parties agree, may be held at an alternative location or through electronic forms of meeting, including conference calls and videoconferences.

13.11 Unless otherwise agreed by the Parties, the mediation will be concluded within thirty days from its commencement.

13.12 Any agreement reached through mediation will be recorded in writing and signed by each Party.

13.13 In the event that no agreement is reached or an agreement is reached on some matters only, the mediator will provide a report to the Parties stating that no agreement was reached on some or all of the disagreement.

13.14 Unless otherwise agreed the Parties will each bear their own costs and pay equally all other costs of the mediation.

General

13.15 The Parties may at any time resolve a Dispute by mutual agreement. Such agreement will be recorded in writing and signed by each Party. The signed agreement will terminate any dispute resolution process that is underway.

13.16 All information exchanged by the Parties under the Dispute resolution process provided for in this chapter which is not otherwise discoverable will be regarded as "without prejudice" communications for the purposes of dispute resolution negotiations and must be treated as confidential by the Parties unless otherwise required by law.

13.17 The Parties may be represented by legal counsel for the purposes of a Dispute.