Archived - 1995-96 Annual Report on the Implementation of the Nunavut Land Claims Agreement

Implementation Planning

NTI continued the process of implementation planning with Designated Inuit Organizations (DIOs) and the three Regional Inuit Organizations (RIOs), the Baffin Region Inuit Association (BRIA), the Kitikmeot Inuit Association and the Kivalliq Inuit Association. In particular, NTI worked closely with the Kitikmeot DIO on issues related to managing water rights and with BRIAas the DIO designate in relation to national parks in the Baffin region.

In 1995-96, BRIAbegan negotiating an Inuit Impact and Benefit Agreement (IIBA) for national parks in the Baffin region. Discussions also continued between the Kivalliq Inuit Association and Parks Canada, with assistance from NTI, regarding an IIBA for Wager Ray National Park.

During 1995-96, NTI continued to represent Inuit interests in drafting proposed surface rights legislation to ensure the final legislation fulfills the letter, spirit and intent of the Agreement.

NTI also continued efforts to develop a meaningful process for the development of legislation with the Government of Canada to establish the Nunavut Impact Review Board (NIRB), the Nunavut Water Board (NWB) and the Nunavut Planning Commission (NPC).

In October 1995, NTI participated with the Government of Canada in a workshop which produced a set of principles to guide the drafting of this legislation. NTI also requested that the Implementation Panel support the establishment of a working group to examine options for creating these three implementing bodies in the event federal legislation formally establishing them was not passed by July 9, 1996, the deadline established by the Agreement.

In 1995-96, transition teams for the NIRB. NPC and NWB continued operating- NTI participated in efforts to ensure these implementing bodies would be as operational as possible upon their establishment, and that they would function in accordance with the spirit and intent of the Agreement.

Business Development

In 1995, NTI established a business development division. One of its principal activities in 1995-96 was monitoring the implementation of Article 24 of the Agreement, which addresses government contracting provisions for Inuit-owned companies in the Nunavut Settlement Area.

Through the Business Development Division, NTI and the three Regional Inuit Associations (RIAs) worked hard with the federal and territorial governments to ensure the objectives of Article 24 are implemented. These objectives include enabling Inuit firms to participate in business opportunities in Nunavut and improving their ability to compete for government contracts, and increasing the employment of Inuit to representative levels within the work force in the Nunavut Settlement Area. In keeping with these goals, the Business Development Division:

• assists Inuit in learning about government assistance programs;
• works with Inuit-owned businesses to increase Inuit employment and income;
• plans and implements policies to encourage business development in the Nunavut Settlement Area;
• tracks government contracts awarded in the Nunavut Settlement Area to ensure Inuit firms receive their fair share; and
• endeavours to increase the Inuit employment rate to reflect the Inuit proportion of the population in the Nunavut Settlement Area, which is currently 85 percent.

In 1995, NTI established the Nunavut Investment Review Committee to assist in economic development planning and to provide guidance for, and input to, the development of investment criteria for economic development funds.

Also in 1995, the Nunavut Sivummut Community Small Business program was set up to make small, but essential, amounts of financial capital available to small businesses operating in Nunavut. NTI approved an annual budget of $300,000 for this program, to be administered in partnership with municipal councils.

Nunavut Hunter Support Program

The Nunavut Hunter Support Program (NHSP) was established to provide assistance to Inuit who hunt, fish or trap for subsistence purposes at least six months of the year. In 1995, the NHSP approved applications for assistance from over 260 hunters across Nunavut. The NHSP provides up to $12,000 annually to active hunters to offset the costs of snowmobiles, boats and other costly harvesting equipment.

In 1995-96, by decreasing funding for gas and supply assistance, the NHSP was able to increase the number of hunters supported. NTI also approved changes to the NHSP which allow regional committees to make final approvals of applications for support. These committees, which are made up of representatives from RWOs, will ensure the NHSP is supported by community-based decision making.

The NHSP is funded by an NHSP Trust, to which NTI and the Territorial Government (TG) each contribute $3 million annually- NTI's decision to fund the NHSP primarily through the interest generated by this Trust means the program may continue beyond the five-year period originally planned.

Nunavut Elders' Benefit Plan

Since October 1994, the Nunavut Elders' Benefit Plan (NEBP) has mailed monthly benefit cheques to Inuit elders 55 years of age or older. In 1995-96, over 3,240 elders were registered under the plan, and 1,317 received payments. To improve service to elders, in 1995-96, the NEBP prepared to move the cheque production process to Rankin Inlet, where the program's administration offices are located.

Enrolment

The Enrolment and Eligibility Department continued to work to ensure all eligible Inuit beneficiaries are registered under the Agreement. In addition to establishing permanent enrolment committees in Inuit communities, the Nunavut Appeals Committee was established as a permanent structure within NTI. The Committee reviews appeals from Inuit not accepted as beneficiaries, and makes decisions regarding appeals to remove individuals from the beneficiary list.

At the end of 1995-96, there were 19,500 registered Inuit beneficiaries, The Enrolment and Eligibility Department has set up a computerized data base to monitor enrolment information.

The Department also explored the possibility of developing identification cards for Nunavut beneficiaries. Identification cards would allow beneficiaries to be recognized as holders of wildlife harvesting rights within the Nunavut Settlement Area, and for access to programs such as the NHSP, NEBP, health care benefits and funding from the Nunavut Implementation Training Committee (NITC). Some form of identification card is expected to be developed in 1996-97.

Land Management

The mandate of the Land Management Department is to ensure access to Inuit-owned lands is balanced with conservation and respect for Inuit land use within the Nunavut Settlement Area.

The Land Management Department raises outside revenues by granting mining licences, concessions and leases on Inuit-owned lands to which NTI has subsurface rights. To date, 33 mining prospecting licences have been approved on Inuit-owned lands, and 21 concession agreements have been negotiated with mining companies, with additional agreements expected to he negotiated in 1996-97. In 1995-96, the Land Management Department raised over $100,000 and is optimistic future annual revenues will reach $500,000- A discussion paper outlining possible options for the use of annual revenues is being developed by the Department.

Under the Agreement, the Nunavut Trust is entitled to receive a percentage of the royalties due the federal government for productive mines within the Nunavut Settlement Area. NTI's research has indicated that these royalties, while they will vary greatly from year to year, should average, over the long term, more than $1 million annually. NTI began consultations with the federal government to ensure the Nunavut Trust receives the entire royalty amount to which it is entitled, along with adequate back-up documentation.

The Land Management Department began work to establish a geographic information system to improve its ability to monitor and control activities on Inuit-owned lands. Once this system is operational, the Department will be better able to provide accurate information and make effective decisions concerning the use of Inuit-owned lands.

Environmental Issues

The environment section of NTI's Land Management Department ensures appropriate and responsible development of lands within the Nunavut Settlement Area from an environmental perspective. Through the environment section, NTI and the RIAs have been involved in discussions with the departments of National Defence (DND) and Indian Affairs and Northern Development (DIAND) concerning plans to clean up abandoned Distant Early Warning (DEW) Line sites within the Nunavut Settlement Area. In 1995-96, NTI and the RIAs continued to meet with DND in an attempt to influence its clean-up protocol to address Inuit concerns with respect to the removal of hazardous waste from DEW Line sites.

The Land Management Department monitored developments that may have an impact on lands within the Nunavut Settlement Area, such as the development of the BHP Diamond Mine at Lac de Gras, Northwest Territories. In 1995-96, NTI made a submission to the environmental assessment panel reviewing the BHP mining proposal regarding the conformity of BHP's environmental impact statement, and provided assistance to the Kitikmeot Inuit Association in efforts to obtain compensation from BHP for the potential impact on Inuit harvesting and water rights.

NTI made submissions and presentations to the House of Commons Standing Committee on the Environment and Sustainable Development regarding a renewed Canadian Environmental Protection Act. NTI emphasized that Nunavut cannot be treated as a "dumping ground" for environmental contaminants Instead, Nunavut should become renowned for its high environmental protection standards.

NTI also participated in a Kitikmeot/Slave study workshop addressing the lack of current documentation of indigenous knowledge and information studies in the Slave geological region of the Northwest Territories.

Inuit Heritage Trust

The Inuit Heritage Trust (IHT) plays a lead role in the management of archaeological sites and resources in the Nunavut Settlement Area, In 1995-96, the IHT reviewed 14 permit applications for archaeological field work and consulted with staff at the Prince of Wales Northern Heritage Centre regarding access to the Centre's archaeological sites data base. Tile Territorial Government provided a grant to purchase computer equipment which allows the IHT to use this national data base.

In addition to these activities, the IHT also:

• consulted with various public bodies regarding the disturbance of archaeological sites within the Nunavut Settlement Area;
• participated in reviewing and commenting on various consultation and policy papers, including some developed by the Prince of Wales Northern Heritage Centre and by BRIA;
• completed a final draft of an outpost camp occupation-and-use policy; and
• continued efforts to increase public awareness of the importance of Nunavut's archaeological resources by producing and distributing posters and brochures.

Nunavut Social Development Council

The mandate of the Nunavut Social Development Council (NSDC) is to assist Inuit in defining and promoting social and cultural development in Nunavut communities.

In 1995-96, to ensure the NSDC reflects the interests and concerns of all regions within Nunavut, NTI held regional workshops to collect input from communities. Workshop participants reviewed Article 32, the section of the Agreement under which the NSDC was established, as well as many social and cultural issues and programs and services affecting Nunavut communities. Participants identified priorities for NSDC's consideration, developed a structure for the NSDC and a process by which its members shall be appointed. Four candidates from each region of Nunavut have been appointed to the NSDC- By the end of 1995-96, the NSDC had met three times, established working committees and prepared documents for incorporation to be signed in 1996-97.

Legal Issues

The Legal Department carries out a wide variety of services for NTI. Major projects in 1995 included:

• continuing negotiations with the federal government on surface rights legislation;
• developing a process for consultation on legislation to establish the NIRB, NWB and NPC; and
• preparation of NTI position papers and appearances before House of Commons committees in connection with the federal Firearms Act, and proposed Canada oceans legislation.

The Department also assisted in efforts to facilitate the establishment of the NIRB, NWB and NPC in accordance with the Agreement.

The Department provided legal assistance and participated in discussions on many additional issues. These included:

• the municipal lands referendum;
• the clean-up of DEW Line and other sires;
• the implementation of Article 24, regarding Inuit employment and support and assistance to Inuit firms in competing for government contracts; and
• the defence of bowhead whale hunters in Igloolik.

In particular, advice was provided to the Lands Management Department on issues including:

• the negotiation of concession agreements with mineral exploration companies for activities on Inuit-owned lands
• the process for review and approval of descriptive map plans for Inuit-owned lands and other survey questions;
• the transfer of lands to Inuit under the Agreement;
• the development of the Code for Expedited Access to Inuit-owned lands required under the Agreement;
• use and access of Inuit-owned lands;
• resource revenue and royalties;
• parks and conservation areas including IIBA and park management rights of Inuit;
• environmental impact; and
• water rights.

The Department also reviewed documentation relating to the establishment of the IHT and the NSDC, oversaw litigation relating to disputes with Aboriginal peoples in Manitoba and Saskatchewan, and provided advice on trademark applications regarding the use of the term "Nunavut."

Baffin Region Inuit Association (BRIA)

As the DIO designate in relation to national parks for the Baffin region, BRIAhas been active in the preparation of a comprehensive position paper on the IIBA between Parks Canada and Nunavut Inuit. This community-oriented exercise is based on a partnership between the communities and Parks Canada for management of national parks within the region.

BRIAwas also very active in discussions regarding environmental clean-ups in the Baffin region, including several DEW Line sites. It pushed to have Inuit involved in cleaning up these sites 10 ensure the process is completed satisfactorily.

Finally, BRIA worked to identify and assess the purpose of each parcel of Inuit-owned land in the Baffin region. Community input played an important role in this process.

Ministry of Intergovernmental and Aboriginal Affairs

During 1995-96, the Ministry of Intergovernmental and Aboriginal Affairs worked closely with the parties to the Agreement and the various implementing bodies established by the Agreement.

The Ministry co-ordinated the implementation activities of various Territorial Government (TG) departments, and reported on the status of implementation activities. Senior Ministry officials participated in three meetings of the Nunavut Implementation Panel and took the lead in facilitating a workshop for implementation co-ordinators held in Rankin Inlet on October 2 to 4. 1995- Ministry officials also participated in regular meetings with members of transition teams and the Nunavut Implementation Training Committee.

Article 23, which addresses Inuit employment within the federal and territorial governments, requires each department of the TG to prepare an Inuit employment plan to increase and maintain the employment: of Inuit at a level representing the Inuit proportion of the work force in the Nunavut Settlement Area. Article 23 provides' that Inuit employment plans are to be completed within three years from the date of ratification of the Agreement. Ministry officials worked with the territorial Department of Education, Culture and Employment to develop a format and work plan for completing Inuit employment plans in keeping with the July 9, 1996 deadline established by the Agreement.

The Ministry was directly involved in discussions regarding the implementation of Article 24, which sets out the obligations of the Government of Canada and the TG with respect to procurement policies, bidding and contracting procedures, and criteria for government contracts ill the Nunavut Settlement Area. The Ministry provided input for a decision paper outlining TG plans for implementing Article 24.

The Ministry provided advice and assistance to various government departments and agencies involved with the transfer of municipal lands from the TG to communities in the Nunavut Settlement Area. Officials also provided input to draft resource management legislation required to establish implementing bodies in the Nunavut Settlement Area, and made contingency plans to work with all parties to develop operating procedures should the legislation not he ready by the deadline. TG departmental implementation co-ordinators met regularly to share information and report progress on implementation activities.

Department of Renewable Resources

The Department of Renewable Resources provided support and advice to the Nunavut Wildlife Management Board (NWMB), to Regional Wildlife Organizations (RWOs) and to local Hunters and Trappers Organizations (HTOs), The Department contributed funding to several wildlife research projects, including a study of polar hears on Baffin Bay, grizzly bear and wolverine studies in the Kitikmeot region, data collection on the harvest of Victoria Island caribou and community consultations related to polar bear harvesting and management agreements. At the request of Nunavut organizations, the Department also carried out several independent studies. These included surveys of caribou and muskox, and waterfowl and contaminant studies

The Akiliniq Committee, which is developing a management plan for the Thelon Game Sanctuary, carried out extensive consultations in Baker Lake, Lutselk'e and other communities in the Northwest Territories.

The Department worked actively with the NWMB to secure fair marine fisheries allocations for Nunavut residents and developed plans to turn over brood stock from the Tree River to Nunavut organizations. Departmental representatives participated in a joint Fisheries and Oceans Canada, NWMB and TG workshop related to this transfer of brood stock.

The Department met with the Nunavut Impact Review Board Transition Team to discuss areas of mutual concern and co-operation. Departmental representatives also attended a land use planning workshop hosted by the Nunavut Planning Commission Transition Team in Cambridge Bay. Departmental, regional land claim co-ordinators worked closely with RWOs. Regional Inuit Associations (RIAs) and HTOs on several projects, including resource development initiatives related to revitalizing the market for sealskin products in addition to providing administrative assistance to these organizations.

The Department completed memoranda of understanding with many HTOs to formalize a responsive and regular relationship between the HTO and local renewable resource officer(s).

Department of Economic Development and Tourism

The Department of Economic Development and Tourism encouraged the start-up of Inuit Impact and Benefit Agreement negotiations for territorial parks, with formal negotiations planned to begin in early 1996-97. In keeping with the requirements set out in Article 23 regarding Inuit employment within government, the Department is preparing an Inuit employment plan targeted to the July 9, 1996 deadline. The Department provided economic opportunities for Inuit in territorial parks through operating and maintenance contracts.

Department of Municipal and Community Affairs

The Department of Municipal and Community Affairs, working closely with Nunavut Tunngavik Incorporated (NTI), continued to implement its responsibilities under the Agreement. particularly with regard to Article 14, which addresses the conveyance of municipal lands to communities in the Nunavut Settlement Area.

A referendum was held in each community on April 10, 1995, to determine whether the local council should he able to sell any of its municipal lands or whether a lease-only system should he continued. The Department's role was to ensure that community voters were fully aware of the issues, that the referendum was run fairly and smoothly and that voters were encouraged to turn out to vote. Following extensive public meetings and advertising, the referenda were successfully held with strong voter turnout. Without exception, Nunavut communities chose the lease-only option.

With respect to the conveyance of municipal lands, the Department carried out an extensive lot surveying program which included 82 separate municipal land survey projects in the summer of 1995. The Department contributed approximately $1 million toward this project and co-ordinated six additional legal surveys required to finalize the turnover of Inuit-owned lands within community boundaries.

In 1995-96, Nunavut communities began working on individual land administration by-laws containing local rules and procedures for administering municipal lands. The Department contributed greatly to the development of these by-laws by sponsoring regional and community workshops. Staff prepared land transfer documents for municipal lots so that titles can be registered at the land titles office after by-laws are finalized. The Hamlet of Baker Lake was the first to complete this process and it began receiving titles for its vacant and leased municipal lands in 1995-96.

The Department sponsored Training programs for land administrators in 1995-96. Sixteen of 17 students from the first class of the Community Land Administrator Certificate Program graduated from Nunavut Arctic College (at the Nunatta campus in Iqaluit) in December 1995. Another session of the program began in January 1996 at the Rankin Inlet campus, and eight more students from communities in the Nunavut Settlement Area are expected to graduate in December 1996. The Department provided continuing support and training to all students, including the graduates from the first year of the program.

Department of Justice

The Department of Justice contributed to the ongoing implementation of the Agreement, particularly through the completion of wildlife regulations relating to commercial hunting within the Nunavut Settlement Area.

The Department provided extensive legal advice and assistance on a variety of topics to a number of TO departments. The issues addressed by departmental representatives included Articles 23 (Inuit Employment Within Government) and 24 (Government Contracts); Inuit employment plans, draft legislation on water management, the Makivik land claim (which includes overlapping interests with the Nunavut Land Claims Agreement), wildlife, parks, and the transfer and initial issuance's of title to Inuit-owned lands and municipal lands.

In March 1996 the TG land titles office received 280 descriptive map plans which had to be filed to replace the initial descriptions of the Inuit-owned lands. The land titles offices began to review and register these plans. After completion, notifications to issue certificates of titles to all Inuit-owned lands may he submitted. The Department worked closely with land titles office staff to establish procedures for conveying lands within the built-up area of each municipality.

Department of Energy Mines and Petroleum Resources

The Department of Energy, Mines and Petroleum Resources received implementation funding in 1995-96 for consultations leading to the development of a federal-TG Northern Accord on energy and minerals. Implementation resources enabled NTI and the TG (along with representatives of Aboriginal parties to the Sahtu and Gwich'in comprehensive land claim agreements) to meet at both the technical working level, with technical and professional staff, lawyers and consultants, and at the co-ordinating committee level, with professional staff and political leaders. The Department and NTI met three tunes at the technical working level and twice at [the co-ordinating committee level.

Implementation resources were substantially supplemented by TG A-base funding. These additional resources were used to carry out the consultation required to accommodate Aboriginal interests leading to the development of a Northern Accord.

Department of Education, Culture and Employment

The Department of Education, Culture and Employment worked co-operatively with the Inuit Heritage Trust (IHT). Applications for archaeological permits and for geographic place names were referred to the IHT for its recommendations, and a TG consultation paper, Towards a Plan for Sharing Heritage Resource Management Responsibilities in the Northwest Territories, was sent to the IHT for review. Departmental staff also completed a summary report on Archielogical work conducted in 1995 and circulated it widely within the Nunavut Settlement Area.

Departmental officials provided a standard format and guidance to TG departments so that TG Inuit employment plans would meet the obligations outlined in Article 23 of the Agreement, A draft consolidated Inuit Employment Plan is scheduled to be presented to NTI and the Nunavut Implementation Training Committee in May 1996, as part of the ongoing consultation process. The TG expects to post its Inuit Employment Plans as required on July 9, 1996.

Department of Public Works and Government Services

The TG, represented by the departments of Public Works and Government Services and Transportation and by the Northwest Territories Housing Corporation, met with NTI to consult on how the TG could best meet its obligations under Article 24 of the Agreement. Representatives from the Legal Division of the Department of Justice and the Ministry of Intergovernmental and Aboriginal Affairs were available as advisors The NTI working group included representatives from all RIAs.

Several meetings took place between September 1995 and January 1996, in Rankin Inlet and Yellowknife, to discuss TG obligations pursuant to Article 24. These discussions resulted in agreement on many issues although not all. A paper recommending changes to TG contracting procedures is being prepared for Cabinet and is expected to be considered in the near future.

Economic Activity and Employment

Those federal departments most involved in contracting in the Nunavut Settlement Area met with representatives of Nunavut Tunnagavik Incorporated (NTl) in September and November 1995 to discuss how best to continue implementation of [the provisions of Article 24. The federal government also formed an interdepartmental working group to respond to NTI's policy paper on federal obligations under Article 24. The group, which included representation from the Treasury Board Secretariat and the departments of Justice, Public Works and Government Services Canada (PWGSC), Indian Affairs and Northern Development (DIAND) and National Defence (DND), met in January and February 1996 and sent a completed federal response to NTI at the end of February.

Fisheries and Oceans Canada, Human Resources Development Canada (HRDC), Environment Canada, Justice Canada, PWGSC, Canadian Heritage and DIAND were active in developing Inuit employment plans as required under Article 23 of the Agreement which addresses Inuit employment within government. HRDC began to develop its hum Employment Plan for discussion with Regional Inuit Associations (RIAs) and NTI. Canadian Heritage also drafted its Inuit Employment Plan and began to develop a strategy, scheduled to be completed in 1996-97, for implementing its Plan, DIAND, through its Northwest Territories regional office, held consultations to complete its Inuit Employment Plan by July 1996.

In keeping with the provisions of Article 24, which require the Government of Canada to consider Inuit firms for government contracts, PWGSC notified Inuit firms throughout 1995-96 of procurement opportunities in the Nunavut Settlement Area, PWGSC publicized procurement opportunities through advertisements in newspapers published in the Nunavut Settlement Area, direct notification of NTI regional offices and the federal government's open bidding service. PWGSC provided firms operating in Nunavut with forms for registering as an Inuit firms and promotional kits on how to do business with the federal government. PWGSC and NTI also began discussing bid evaluation criteria.

The Department of National Defence was involved in several projects leading to employment for Inuit. These included Distant Early Warning (DEW)) Line clean-up initiatives, the development of a military data communications system for The High Arctic and the ongoing requirements of the North Warning System.

Environmental and Wildlife Management

The Canadian Wildlife Service (CWS) continued to fulfil the federal government's implementation obligations under Article 5, which contains provisions regarding wildlife. A CWS employee was active as .a member of the Nunavut Wildlife Management Board (NWMB) throughout 1995-96 and presented a summary of wildlife research initiatives carried out by the federal government to the Board.

CWS ensured NTI and other Inuit organizations were involved in discussions and negotiations regarding the revision of the Migratory Birds Convention. CWS also ensured members of the NWMB were fully informed of other CWS initiatives, including both a proposed ban on the use of lead shot in hunting and the proposed federal endangered species legislation.

The NWMB approved applications from CWS for the establishment of national wildlife areas at Nirjutiqavvik (Coburg Island) and Igalirtuuq (Isabella Bay) and for their proposed boundaries. A national wildlife area was established at Nirjutiqavvik on August 30, 1995.

The Agreement provides for the co-management of national wildlife areas, by government and the Designated Inuit Organization (010). Informal co-management committees were established for the Nirjutiqavvik and Igalirtuuq national wildlife areas, and formal appointments to Nirjutiqavvik's co-management committee are anticipated in 1996-97. The informal committee for tile Nirjutiqavvik National Wildlife Area has agreed that an Inuit Impact and Benefit Agreement (IIBA) be developed for the area along with [the co-management plan. All public information regarding these national wildlife areas is available in Inuktitut and English.

Fisheries and Oceans Canada worked closely with the NWMB on fisheries management issues identified by Hunters and Trappers Organizations (HTOs). Priorities for stock assessment and research continued to he developed co-operatively with HTOs through the NWMB. In 1995-96, stock assessment initiatives continued to focus on Arctic charr in the Kitikmeot and Keewatin regions and on Arctic charr, Greenland halibut (turbot) and beluga and bowhead whales in the Baffin Region.

Fisheries and Oceans co-ordinated the participation of the NWMB at the Canada- Greenland Joint Commission on Beluga and Narwhal, and continued to advise the NWMB on international matters such as the International Whaling Commission. A special Fisheries and Oceans Canada-NWMB workshop was held in October 1995, in Ottawa, on fisheries management outside the Nunavut Settlement Area- Participants discussed relevant national and international aspects of Atlantic fisheries management.

With the assistance of the NWMB, Fisheries and Oceans developed draft fishery management plans for the harvest of one bowhead whale in the Nunavut Settlement Area in 1996 and the continuation of the pilot sport hunt for walrus in the North Foxe Basin.

The interim licensing procedure for experimental and scientific research developed by Fisheries and Oceans in 1994-95 continued, with NWMB input and approval, especially in relation to changes to fisheries allocation.

The Agreement acknowledges a need for general environmental monitoring in the Nunavut Settlement Area to collect and analyze information on the long-term state and health of both the ecosystemic and the socio-economic environment. DIAND is responsible for developing a general environmental monitoring plan in the Nunavut Settlement Area, and for directing and co-ordinating environmental monitoring and data collection. A draft discussion paper on environmental monitoring was prepared by DIAND in 1995-96. DIAND, through its Northwest Territories regional office, also assisted in the development of an environmental data base for the Nunavut Settlement Area.

Heritage

The Agreement provides for the establishment of the Auyuittuq, Ellesmere and North Baffin national parks entirely or partly in the Nunavut Settlement Area. National parks are also proposed at Wager Bay and on northern Bathurst Island.

In 1995-96, progress was made toward the establishment of these parks. Activities of Heritage Canada included:

• negotiations to develop IIBAs for the Ellesmere Island, Auyuittuq and North Baffin national parks;
• the completion of consultations with the five communities affected by the proposed Wager Bay National Park;
• consultations with the community of Kugluktuk and with the West Kitikmeot Planning Team regarding the proposed Bluenose National Park; and
• continuing work on a feasibility study for the proposed northern Bathurst Island National Park.

Land and Water Management

The Agreement provide that the Legal Surveys Division of Natural Resources Canada is responsible for the preparation of descriptive map plans for all Inuit-owned lands not within municipal boundaries and for Inuit lands jointly owned with the Inuit of northern Quebec. This task, which involved 280 map plans, was completed and the plans were delivered to the territorial land titles office in March 1996, jointly by representatives of Canada, NTI and Makivik Corporation (which represents Inuit in northern Quebec).

The Legal Surveys Division is also responsible for surveying lnuit-owned lands and lands jointly owned with the Inuit of northern Quebec. This task involves the survey and demarcation of approximately 1,155 parcels of Inuit-owned lands and 12 parcels of jointly owned lands, as well as all Crown land areas excluded from these parcels. By the end of 1995-96, about 250 parcels of Inuit-owned land had been surveyed.

DlAND's Northwest Territories regional office is involved in the co-ordination of land administration in the Nunavut Settlement Area. In 1995-96, DIAND regional representatives, NTI and DIOs discussed procedures for administering land and opportunities for co-ordinating land administration activities in the Nunavut Settlement Area.

The Agreement provides for government owners of lands in the Nunavut Settlement Area to make land available for establishing outpost camps, on request by potential occupiers of these camps or by a DIO on their behalf. In 1995-96, DIAND completed procedures for making lands available, and issued one lease for an outpost camp.

The Agreement requires that DIAND administer third-party interests on Inuit-owned lands with respect to mineral interests and rights in existence before the transfer of the lands. In implementing Article 21.7.2, DIAND made payments to NTI totalling $276,000 on mineral leases, covering the period from July 1993 to September 1995. A process has been established whereby ongoing calculations and payments will be made quarterly.

Defence

Throughout 1995-96, DND continued to inform NTI, DIOs and Inuit communities of upcoming military training and exercises in the Nunavut Settlement Area. About 60 military exercises and training events took place in 1995-96, including Canadian Ranger military exercises, the patrol of unstaffed North Warning System sites, held training exercises carried out by cadet units, sovereignty operations, and air and communications exercises.

DND's Mapping and Charting Establishment completed the first year of an anticipated three-year project to clean up fuel barrel caches established throughout the Arctic since 1959 in support of military mapping. Operation CONSERVATION, as the project is known, is a joint venture with Nunasi Corporation. In 1995, fuel caches were recovered from Baffin Island, Southampton Island and the Melville Peninsula.

Negotiations regarding lnuit participation in Distant Early Warning (DEW) Line clean-up initiatives continued, focusing on the development of plans to clean up sites in the Nunavut Settlement Area. In particular, the clean-up of the DEW Line site at Cape Hooper was contracted to an Inuit firm for the summer of 1996.

DND continued discussions with Inuit firms on joint participation in microwave system power upgrading as part of the High Arctic Data Communication System project. This project involves training and employment for Inuit technicians to assist in the installation of microwave and satellite communication equipment.

Airlift services for the North Warning System project were provided by Nunasi Corporation and First Air, and arrangements were made for the purchase of incidental supplies such as electrical and plumbing equipment from Inuit-owned businesses through a joint venture between a federal government contracting agency and Pan Arctic Inuit Logistics Corporation. Plans were also developed for northern companies to install antennae for the North American Air Defence and Modernization project on lands at Iqaluit and Rankin Inlet.

Legislation

DIAND's Northern Affairs Program drafted Nunavut waters legislation in consultation with NTI, Makivik Corporation (representing) Inuit in northern Quebec), the Territorial Government (TG) and industry. The draft bill was expected to be completed by June 1996. Drafting of legislation to establish the Nunavut Planning Commission and the Nunavut Impact Review Board also continued.

Federal Co-ordination of Implementation Activities

The Claims Implementation Branch of DIAND is responsible for monitoring federal government activities to ensure Canada meets its obligations under the Agreement. The Branch is also responsible for funding arrangements with the TG, NTI and all implementing bodies established by the Agreement.

During 1995-96, the Branch actively participated in Implementation Panel meetings, including providing secretariat services to the Panel; arranged for the inaugural meeting of the Surface Rights Tribunal; obtained Governor in Council approval to replace a federal member of the Nunavut Wildlife Management Board; participated in the organization of a workshop involving Canada, NTI and the TG which brought together those officials most involved in the implementation of the Agreement; participated in the Working Group on Article 24; led the interdepartmental group on Inuit Employment Plans; organized an all-party meeting to conduct a clause-by-clause review of the Implementation Contract; and co-ordinated the preparation of the 1994-95 Annual Report.

The Branch also participated in a three-party working group organized to identify problems and solutions which might arise if legislation was not in place for the Resource Boards by July 9, 1996.

Funding was provided during the reporting period as follows:

Nunavut Impact Review Board Transition Team

Nunavut Planning Commission Transition Team

Arbitration Board

6.1 Arbitration Boards

The Arbitration Board held its second meeting in May 1995 in Whale Cove and its third meeting in Iqaluit at the end of March 1996. At the May 1995 meeting, Board members worked with a facilitator to establish rules procedures and guidelines, and carried out a mock hearing to prepare for any arbitrations that may occur between the parties.

Wildlife Research Trust Fund

Through the Wildlife Research Trust Fund, nearly $500,000 is made available to government departments annually to carry our research of high priority to the NWMB. Funding is also provided to HTOs and RWOs for research projects carried out in association with government.

The NWMB considers research funding proposals twice each year, in August and February.

The criteria for awarding research funds include:

• the priority of the research question to he addressed;
• the quality of the proposed project;
• the potential benefits to residents of Nunavut, especially regarding training and employment from [the project;
• the degree of consultation with community and regional organizations proposed in the research; and
• provisions for appropriate reporting of research results to Inuit communities.

In addition to the Trust Fund projects, the NWMB supported a number of additional research projects of high priority to the Board. In 1995-96, the Board established a policy and an application procedure for projects sustained by funds other than the Trust Fund.

Nunavut Wildlife Angujanik (Harvest) Study

Preparation of the Nunavut Wildlife Angujanik (Harvest) Study is a priority of the NWMB. In 1995-96, the following activities were carried out in anticipation of the study:

• the design phase was completed in April 1995;
• RWOs were designated as DIOs for the purposes of this study and contracted with the NWMB to complete data collection;
• three regional liaison officers were hired to co-ordinate regional activities;
• a field worker training manual was produced;
• maps for use in data collection were obtained; and
• a prototype data collection calendar and data sheet were produced.

The calendar and data sheet will be tested in three communities as part of a two-month pilot project of the study in early 1996-97, with the support of three field workers. Data collection is scheduled to begin in all communities in 1996-97 with the support of 27 field workers and three data entry clerks.

Bowhead Traditional Knowledge Study

The NWMB is required under Article 5.5.2 to carry out an Inuit knowledge study to record sightings, location and concentration of bowhead whales within the Nunavut Settlement Area.

One hundred and eighty-two interviews documenting Inuit knowledge of bowhead whales were completed in 11 Nunavut communities by the end of April 1995. A preliminary report, using transcripts of 44 translated interviews and associated maps showing distribution and migration patterns of bowheads, was presented to the NWMB in November 1995. Based on its consideration of the preliminary traditional knowledge study and additional scientific data from Fisheries and Oceans Canada, the NWMB decided in December 1995 that one bowhead could he harvested in the Nunavut Settlement Area during 1996. This decision was accepted by the federal government in February 1996.

From February to April 1996, 68 interviews of individuals regarding traditional knowledge of bowhead whales were conducted by a trained interviewer in seven additional communities. Individual interviews have now been completed in all 18 communities within the seasonal range of bowhead whales. Follow-up verification workshops with small groups of bowhead experts were held in February and March 1996 in seven of the 11 communities participating in the first set of interviews.

Tape-recorded interviews and workshop discussions will he translated and transcribed in 1996-97 for use in the preparation of a second interim report documenting Inuit knowledge of bowhead whales and whaling scheduled to be completed by December 1996.

The NWMB publicized activities relating to the bowhead Traditional Knowledge Study by including updates in Iqaluit's weekly paper Nunatsiaq News and in its periodic insert Report on Nunavut, as well as through radio and television interviews by NWMB staff and bowhead Knowledge Study Committee members.

6.3 Nunavut Implementation Training Committee

The Nunavut Implementation Training Committee (NITC) completed a draft Implementation Training Plan for release in 1996-97. The Committee began to develop regional workshops to familiarize all DI0s and implementing bodies with the Plan.

Committee members, participating in a working group, developed a Nunavut Training Strategy intended to ensure the effective integration of existing government training programs and implementation training needs. The working group also included representatives of NTI, the Department of Education, Culture and Employment of the Territorial Government and the Nunavut Secretariat of the Department of Indian Affairs and Northern Development (DIAND). which are taking part in establishing the future Government of Nunavut in the eastern Arctic.

NITC initiated the Organizational Training Needs Assessment and Planning Project with NTI and the Kivalliq Inuit Association. This project will enable DIOs and implementing bodies to enhance their capacity to assess, plan and monitor their staff training and development activities.

NITC oversaw the development and delivery of the Inuit Resource Management Certificate Program at Nunavut Arctic College, and began preliminary discussions with the Department of Municipal and Community Affairs regarding joint delivery of training in land management.

The Committee reviewed territorial and federal Inuit employment plans to provide strategic direction and to ensure the plans reflect the terms, spirit and intent of the Agreement.

In keeping with the results of the Inuit Implementation Training Study, which identified management training as a priority for Nunavut Inuit, the NITC entered into a partnership for the design and delivery of a management training program. The Sivuliuqtit management training program was also sponsored by NTI; the Department of Education, Culture and Employment; the Nunavut Arctic College; the Canadian Centre for Management Development; the Nunavut Implementation Commission; and DIAND's Nunavut Secretariat. NITC assisted senior management candidates from NTI and the Regional Inuit Associations (RIA.s) to participate in the Sivuliuqtit program by providing tuition and distance learning funding and, in some cases, by providing funds to offset salary costs.

NITC assisted the Inuit Tapirisat of Canada in negotiating A national framework agreement with Human Resources Development Canada for the federal "Pathways to Success" program, which provides for the delivery of training programs and services by Aboriginal peoples to Aboriginal peoples. Under this agreement, the Inuit Tapirisat of Canada will provide federal training funds to Nunavut communities and regions to help meet implementation, economic development and other Inuit training needs throughout the Nunavut Settlement Area.

6.4 Nunavut Planning Commission Transition Team

The NPC Transition Team is working to establish the Nunavut Planning Commission (NPC). In 1995-96, the Transition Team met every month except July and December. Team members also worked closely with the Land and Resource Chairpersons' Committee Study Team, which is composed of the acting chairpersons of the NPC, the NIRB and the NWB transition teams.The NPC Transition Team continued to provide secretariat services for the Study Team and for the Nunavut Resource Centre Steering Committee.

In 1995-96, NPC Transition Team activities included:

• continuing the West Kitikmeot mapping project, including the preparation of digital resource maps;
• continuing research, analysis and examination of alternatives for various land use issues which include archaeological terminology, marine and land transportation and criteria for steps in cleaning up sites (research papers relating to these and other matters will be presented to communities early in 1996-97);
• representing the Nunavut caucus on the West Kitikmeot/Slave Study Working Group, which made progress on the West Kitikmeot/Slave Study (the Transition Team under scored the need for adequate emphasis on traditional knowledge);
• holding community meetings in Cambridge Ray, Kugluktuk and Omingmaktok to discuss such topics as the impact on caribou of mining development (a temporary office was opened in Kugluktuk);
• discussing proposals for national parks at Wager Bay and Bluenose Lake;
• deciding to enter into a contract with the University of Calgary to continue data base development;
• accepting a proposal from Geomatics Canada to allow access by the Transition Team to digital data from the national topographic data base for the Nunavut Settlement Area;
• discussing the Department of Transportation proposal for construction of a marine resupply terminal at Rankin Inlet (to he raised with the other transition teams); and
• addressing various staffing and administrative matters, making a number of appointments, including the appointment of auditors, and developing administrative and operational procedures manuals.

The Nunavut Resource Centre Steering Committee met with the transition teams for the NPC, the NIRB and the NWB. The Steering Committee concluded that telecommunications are the main obstacle to developing the Resource Centre, so federal, TG and NPC Transition Team representatives decided to approach NorthwesTel to discuss telecommunications issues.

6.5 Nunavut Impact Review Board Transition Team

The Agreement provides for the establishment of the Nunavut Impact Review Board (NIRB) to screen development project proposals, measure and define the impact of projects, review the ecosystemic and socio-economic impact of project proposals, determine whether projects should proceed and monitor projects which do proceed. In 1994-95, a NIRB Transition Team was established to lay the foundation for the establishment of the NIRB.

In 1995-96, the Transition Team carried out a number of activities to ensure the NIRB would he as operational .as possible upon its establishment. These activities included:

• establishing open lines of communication with DIAND and the TG, and keeping governments informed of progress in developing draft terms of reference for the operation of the NIRB;
• consulting and interacting with NTI, especially with regard to refining operational procedures by working closely with the transition teams established for the NPC and the NWB in areas of common interest and, in collaboration with these transition teams, hired a consultant to develop draft administrative procedures manuals;
• developing plans for hiring staff and establishing an office with five positions staffed since December 1995, thus enabling the Transition Team to prepare orientation, training and cross-cultural awareness packages for future NIRB staff;
• arranging for review and approval of NIRB budgets by the Minister of DIAND;
• making progress on the development of a NIRB reference library;
• developing draft by-laws and rules for the consideration of the NIRB, once it is established; and
• holding discussions with various federal and territorial departments regarding NIRB's mandate and proposed activities which may have an environmental impact in the Nunavut Settlement Area.

6.6 Nunavut Water Board Transition Team

The Nunavut Water Board (NWB) will be established under the Agreement as an institution of public government with responsibilities and powers over the regulation, use and management of water in the Nunavut Settlement Area.

The transition team, formed in 1994-95 to set the stage for the NWB before its formal establishment, was involved in 1994-95 and was active in 1995-96 in a number of activities. Among these activities was staff training in various areas including:

• environmental assessment;
• water resource development and management;
• lagoon and wetlands sewage treatment;
• mechanical sewage treatment alternatives;
• municipal hazardous waste management and disposal;
• water quality parameters;
• mining development;
• computers; and
• management, including general office management.

Community workshops were held in the three regions within the Nunavut Settlement Area. Participants from each community were provided with information on the NWB mandate so they could offer input to NWB operations with regard to licensing processes, public hearings, communications procedures and use by the NWB of traditional knowledge in decision making.

6.7 Surface Rights Tribunal

The Surface Rights Tribunal will address disputes concerning access to, and compensation for, subsurface rights, damage to wildlife caused by third parties and any matter referred to the tribunal arising from a settlement agreement.

Patricia Angnakak, Eva Adams-Klaassen, Emile Immaritok, Peter Katorka and Tom Sammurtok were nominated by the federal government, TG and NTI and appointed to the Surface Rights Tribunal on March 29, 1996. The Tribunal chose Patricia Angnakak as interim chairperson.