Yukon Inuvialuit Settlement Region Lands

3.1.1.1 Finalized Agreement

The finalized land claim settlement agreement in this area is the Inuvialuit Final Agreement (IFA). The federal statute authorizing this land claim settlement is the Western Arctic (Inuvialuit) Claims Settlement Act, Bill c-49, 1983-84. A summary of its provisions follows:

• "Agreement" means the agreement between the Committee for Original Peoples' Entitlement (representing the Inuvialuit of the Inuvialuit Settlement Region), and Canada dated June 5, 1984. It includes the amending agreement.
• "Amending agreement" means amending agreements made between the Inuvialuit Regional Corporation, representing the Inuvialuit and Canada, and includes any other amending agreement made pursuant to the Agreement.
• "Territory" means the Northwest Territories, Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the jurisdiction of Canada.
• Nothing in this Act prejudices the rights of the Inuvialuit:
  • as Canadian citizens;
  • arising from their status as Aboriginal people; or
  • arising from other legislation applicable to them.
• The Governor in Council may make regulations necessary to carry out the Agreement.
• If there is a conflict or inconsistency between this Act or the Agreement and any other law applying to the Territory, this Act or the Agreement prevails.
• This Act does not grant any rights outside Canada.
• The Northern Yukon National Park is added to the National Parks Act.

3.1.1.2 General Provisions

(Inuvialuit Final Agreement: Section 3)

The IFA is a land claims agreement under subsection 35(3) of the Constitution Act. Subject to the settlement legislation, the Inuvialuit release Aboriginal claims to land in the Northwest Territories, the Yukon Territory and offshore.

The IFA can be amended by consent of the Governor in Council and the Inuvialuit, as represented by the Inuvialuit Regional Corporation.

3.1.3.1 Land Use Planning Group

(Inuvialuit Final Agreement: Section 7)

There will be an area-specific group dealing only with land use planning for the Inuvialuit Settlement Region. This group will be a part of any territorial Land Use Planning Commission. The IFA places conditions on membership to the group.

3.1.3.2 Wildlife Management Advisory Council (North Slope)

(Inuvialuit Final Agreement: Section 12)

The Wildlife Management Advisory Council (North Slope) was established after the signing of the IFA. The Council:

• advises appropriate Ministers on wildlife policy and management;
• advises on issues relating to the Yukon North Slope to Porcupine Caribou Management Board, the Yukon Land Use Planning Commission, the Review Board and other appropriate groups;
• prepares and recommends wildlife conservation and management plans for the Yukon North Slope to appropriate authorities;
• determines and recommends appropriate Inuvialuit game harvesting quotas in the Yukon North Slope;
• advises on habitat protection measures taken under certain parts of the IFA; and
• advises the appropriate Minister on national park planning and management in the Yukon North Slope, and recommends a management plan for the national park.

3.1.3.3 Wildlife Management Advisory Council (NWT)

(Inuvialuit Final Agreement: Section 14)

The Wildlife Management Advisory Council (NWT) was established after the IFA was signed. Although Council's jurisdiction is limited to the Northwest Territories portion of the Inuvialuit Settlement Region, some of its powers may have some effect in the Yukon portion of the Region.

The Council's duties include:

• determining and recommending non-Inuvialuit Aboriginal peoples' harvesting quotas for caribou and other migratory animals in the FA, inside or outside of the Western Arctic Region; and
• advising government on wildlife legislation.

3.1.3.4 Fisheries Joint Management Committee

(Inuvialuit Final Agreement: Section 14)

Under the IFA, the federal Minister of Fisheries and Oceans agreed to establish the Fisheries Joint Management Committee to advise on matters relating to Inuvialuit and Inuvialuit Settlement Region fisheries. The Council's duties include:

• undertaking certain roles in relation to fishing on Crown lands; and
• allocating subsistence quotas among communities.

3.1.3.5 Inuvialuit Game Council

(Inuvialuit Final Agreement: Section 14)

The Inuvialuit Game Council represents the final Inuvialuit authority in wildlife under the IFA. Council's duties include:

• appointing Inuvialuit members to all joint government/ Inuvialuit bodies, as well as other bodies having an interest in wildlife, including those under the IFA;
• advising government on wildlife issues either on its own or through the Wildlife Management Advisory Councils (NWT and North Slope);
• assigning community hunting and trapping areas within the Inuvialuit Settlement Region where appropriate; and
• allocating Inuvialuit quotas among communities, where appropriate.

3.1.3.6 Inuvialuit Hunters and Trappers Committees

(Inuvialuit Final Agreement: Section 14)

Each Inuvialuit Community Corporation establishes a community Hunters and Trappers Committee. The Committee's duties include:

• advising the Inuvialuit Game Council on local wildlife matters;
• making bylaws (enforceable under the NWT Wildlife Ordinance and subject to laws of general application), governing the exercise of certain Inuvialuit preferential harvest rights under the IFA; and
• sub-allocating quotas.

Although there are no Inuvialuit communities in the Yukon portion of the Settlement Region, committee powers are not expressly limited to the Northwest Territories portion of the Region.

3.1.3.7 Research Advisory Council

(Inuvialuit Final Agreement: Section 14)

The Research Advisory Council is a research and advisory group established under the IFA. Membership is open to all persons conducting research in the Inuvialuit Settlement Region.

3.1.3.8 Environmental Impact Screening Committee

(Inuvialuit Final Agreement: Section 11)

The IFA established an Environmental Impact Screening Committee with seven members. Three are nominated each by Canada and the Inuvialuit. The Committee's Chair is appointed by Canada with consent of the Inuvialuit. The IFA sets out the Committee's powers and rules.

The IFA contains a power to add one member nominated by an adjacent lands claims group. The member may join the committee if that group considers a development is capable of negative environmental impact to the detriment of Aboriginal persons using or occupying the Inuvialuit Settlement Region.

The following developments are subject to environmental impact screening:

• developments of consequence to the Inuvialuit Settlement Region likely to have a negative environmental impact;
• certain developments in the Yukon North Slope region;
• developments in Inuvialuit Settlement Regions where Inuvialuit request environmental screening; and
• developments where traditional harvest of Dene/Métis may be adversely affected, on request of Dene/Métis or Inuvialuit. This is subject to agreement between Dene/Métis and Inuvialuit.

Until the environmental impact screening and review provisions of the IFA are followed, no licence or approval will be issued permitting any proposed development. Nothing in the IFA's environmental impact section restricts the power or obligation of Canada to carry out an environmental impact assessment and review under federal laws and policies.

3.1.3.9 Environmental Impact Review Board

(Inuvialuit Final Agreement: Section 11)

The IFA established an Environmental Impact Review Board. Its composition is identical to the Screening Committee's, except the territory nominee comes from the territory in which the development is to take place.

No licence or approval shall be issued permitting any proposed development until the environmental impact screening and review provisions of the IFA are followed.

Nothing in the IFA's environmental impact section restricts the power or obligation of Canada to carry out environmental impact assessment and review under federal laws and policies.

3.1.3.10 Arbitration Board

(Inuvialuit Final Agreement: Section 18)

The IFA identifies the composition, powers and procedures of the Arbitration Board. The Arbitration Board has the authority to resolve:

• disputes relating to land matters in:
  • certain municipal needs,
  • certain road requirements,
  • DeSalis Bay land selection,
  • Pingo Landmark,
  • Nelson Head Landmark;
• certain conflicting subsurface resource claims;
• certain sand and gravel disputes;
• compensation for certain land taken for meteorological stations;
• expropriation of Inuvialuit lands;
• terms and conditions of Participation Agreements; and
• certain wildlife compensation awards, recommendations and decisions.

3.1.3.11 Yukon North Slope Annual Conference

(Inuvialuit Final Agreement: Section 12)

The IFA discusses the Yukon North Slope Annual Conference.

3.1.4.1 Inuvialuit Settlement Agreement

(Inuvialuit Final Agreement: Section 3)

The Inuvialuit land claim settlement does not affect the Aboriginal rights of other Aboriginal peoples, based on traditional use and occupancy of lands and negotiation of their land claims settlements. Any rights extended in the Inuvialuit Settlement Region to other Aboriginal peoples, based on traditional use and occupancy, do not affect the rights of the Inuvialuit under the IFA.

Inuvialuit may enter into agreements with organizations representing neighbouring Aboriginal groups to resolve mutual or overlapping interests, or to share rights, privileges and benefits.

The Inuvialuit and the Council of Yukon Indians may enter into bilateral agreements to share the rights, privileges and benefits of Inuvialuit in the Yukon North Slope. (Inuvialuit Final Agreement: Section 12)

Inuvialuit and Native groups in adjacent land claim areas may enter into harvesting and wildlife management agreements. (Inuvialuit Final Agreement: Section 14)

Through settlements, Canada may provide other Native peoples with harvesting rights to certain wildlife species in the Inuvialuit Settlement Region. This is limited to species and areas traditionally used. Exercise of such rights in the Inuvialuit Settlement Region must follow the same conditions that apply to Inuvialuit. Exercise of such rights must also be subject to reciprocal harvesting rights for Inuvialuit traditional species and areas in other regions. Non-Inuvialuit Native peoples may continue to harvest traditional wildlife species in traditional areas of Inuvialuit Settlement Region on the same basis as the Inuvialuit, if the same privilege is extended to the Inuvialuit outside the Inuvialuit Settlement Region. (Inuvialuit Final Agreement: Section 14)

3.1.4.2 Yukon Transboundary Agreement

Under Chapter 12 of the Yukon Transboundary Agreement, the Tetlit Gwich'in have the right to hunt and fish for traditional purposes on the Yukon North Slope lands. This right applies to areas traditionally used, and for species traditionally harvested by the Gwich'in.

3.1.4.3 Sahtu Dene and Métis Settlement Agreement

Participants in the Sahtu Dene and Métis Settlement Agreement, and the Inuvialuit, can share wildlife resources and enter into harvesting and wildlife management agreements under 14(15) of the Inuvialuit IFA. (See chapter 28 of the Agreement.)

3.3.2.1 Administrative Bodies

The Arbitration Board has authority to resolve certain land use questions. Please see 3.1.3.10 for further information.

3.3.2.2 General

(Inuvialuit Final Agreement: Section 12)

A special conservation regime applies to the Yukon North Slope under the IFA. The main purpose of the regime is to conserve wildlife, habitat and traditional Aboriginal use. In general:

• all development proposals relating to the Yukon North Slope must be screened. This screening process will determine if they could have a significant negative impact on wildlife, habitat or the ability of Aboriginal people to harvest wildlife;
• other uses within the Yukon North Slope will be considered and may be permitted if there is no significant impact on wildlife, habitat, or Aboriginal harvesting;
• if public convenience and necessity outweigh conservation or Aboriginal harvesting interests in the area, other uses within the Yukon North Slope that may have significant impact on wildlife, habitat, or Aboriginal harvesting will be permitted; and
• development proposals relating to the Yukon North Slope that may have a significant negative impact are subject to the environmental impact assessment and review process.

The IFA sets out any exceptions.

The withdrawal under the Territorial Lands Act of certain lands within the Yukon North Slope from disposal is generally to be maintained. Exceptions are set out in the IFA. The Yukon North Slope has land use regimes for:

• Northern Yukon National Park;
• Herschel Island Territorial Park; and
• remaining Yukon North Slope lands. 3

3.3.2.3 Northern Yukon National Park

(Inuvialuit Final Agreement: Section 12)

In the IFA, Canada agreed to establish a national park comprising the western portion of the Yukon North Slope. The park is to be zoned and managed as a wilderness-oriented park. Development activities inconsistent with the park's purposes are prohibited. Any change in the character of the park requires Inuvialuit consent. In addition, no park lands can be removed from national park status without consent of the Inuvialuit. The IFA allows for limited scale and temporary use of small parcels at Stokes Point within the park boundaries for supporting hydrocarbon development under certain conditions.

3.3.2.4 Herschel Island Territorial Park

(Inuvialuit Final Agreement: Section 12)

The Yukon Territory government agreed in the IFA to establish Herschel Island Territorial Park, and to consult the Inuvialuit in the process. Conditions govern activities allowed in the park.

3.3.2.5 Other Yukon North Slope Lands

(Inuvialuit Final Agreement: Section 12)

An area in the Yukon North Slope where controlled development may take place (subject to the IFA and to laws of general application), lies east of the Babbage River extending to the NWT border, but not including adjacent nearshore and offshore waters. Any development activity proposed for this area is subject to the IFA screening and review process. Development activity proposed for adjacent nearshore and offshore waters is subject to normal government process and wildlife compensation provisions of the IFA.

When considering any development proposal, the appropriate review board shall take into account certain criteria listed in the IFA.

The IFA provides for the financial liability of non-government developers (including Crown corporations) for developments in the Inuvialuit Settlement Region. Compensation is payable for actual wildlife loss arising from development. The IFA sets out claims, mediation and arbitration procedures. Arbitration Board can settle compensation disputes.

3.3.7.1 Administrative Bodies

The following administrative bodies have roles in fish and wildlife management, and research under the IFA:

• the Wildlife Management Advisory Council (North Slope);
• the Wildlife Management Advisory Council (NWT);
• the Fisheries Joint Management Committee;
• the Inuvialuit Game Council;
• the Inuvialuit Hunters and Trappers Committees;
• the Research Advisory Council; and
• the Yukon North Slope Annual Conference.

Please see 3.1.3 for further details.

3.3.7.2 General

The Yukon Territory continues to exercise the same jurisdiction over game management, subject to the IFA. The territorial government may continue to pass game management legislation consistent with the IFA and the settlement legislation. (Inuvialuit Final Agreement: Section 3)

Subject to laws of general application respecting public safety and conservation, the Inuvialuit right to harvest on the Yukon North Slope includes:

• the preferential right to harvest all species of wildlife (except migratory non-game birds and migratory insectivorous birds), for subsistence use throughout the Yukon North Slope. This is subject to collective harvesting rights in favour of all Aboriginal people under the Porcupine Caribou Management Agreement;
• the exclusive right to harvest furbearers and polar bears; and
• the exclusive right to harvest game within the national park, territorial park and adjacent islands. (Inuvialuit Final Agreement: Section 12)

The Inuvialuit also have first priority for the harvest of marine mammals within the Inuvialuit Settlement Region. As well, they have preferential rights within the Inuvialuit Settlement Region to harvest fish for subsistence use. (Inuvialuit Final Agreement: Section 14)

Sport fishing is permitted throughout the Yukon North Slope, including in national and territorial parks. (Inuvialuit Final Agreement: Section 12) The Inuvialuit do not need permits or other authorization to harvest wildlife, but if permits, etc. are required or recommended, the Inuvialuit can receive them free. (Inuvialuit Final Agreement: Section 12)

When setting quotas and conservation limits, subsistence harvesting rights extended to other Aboriginal peoples under the IFA shall be taken into account. The IFA contains principles to be used when determining harvestable quotas. (Inuvialuit Final Agreement: Section 12)

The IFA places conditions on the Inuvialuit's ability to permit non-Inuvialuits to harvest game, polar bears and furbearers in Yukon North Slope. (Inuvialuit Final Agreement: Section 12)

Some rights of existing harvesting licence holders are preserved in the IFA. (Inuvialuit Final Agreement: Section 14)

The IFA sets out the rights to trade game products and to trade fish and marine mammal products. (Inuvialuit Final Agreement: Sections 12 and 14)

The right to harvest game includes the right to travel and establish camps as necessary to exercise that right. In the national park and the territorial park, the Inuvialuit have the right to use existing hunting, fishing and trapping facilities associated with their game harvesting activities. The Inuvialuit may also establish new facilities in these parks after consulting with the management authority. The location of these new facilities will be based on the park's management objectives. (Inuvialuit Final Agreement: Section 12)

Nothing in the IFA or the settlement legislation prevents people from taking game in an emergency. (Inuvialuit Final Agreement: Section 12)

3.3.8.1 Administrative Bodies

The Environmental Impact Screening Committee and the Environmental Impact Review Board play certain environmental assessment roles in the Inuvialuit Settlement Region. Please refer to 3.1.3 for further details.

3.3.8.2 General

(Inuvialuit Final Agreement: Section 11)

No licence or approval shall be issued permitting any proposed development until the IFA's environmental assessment provisions are followed. These provisions do not restrict the power or obligation of Canada to carry out environmental impact assessments and reviews under federal laws and policies.