Gwich'in Comprehensive Land Claim Agreement Annual Report of the Implementation Committee April 1, 2007 to March 31, 2008

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Table of contents

Forward

The Implementation Committee is pleased to provide its 13th annual report on the implementation of the Gwich'in Comprehensive Land Claim Agreement (1992). This report covers 12 months from April 1, 2007 to March 31, 2008.

The Implementation Committee consists of a senior official from each of the parties: the Gwich'in Tribal Council, the Government of the Northwest Territories and the Government of Canada. The Committee functions by consensus and serves as a forum where parties can raise issues and voice their concerns.

The role of the Committee is to oversee, monitor, and provide direction on the implementation of the Agreement. This annual report describes achievements and developments during the year. Information is contributed by various federal and territorial departments, the Gwich'in Tribal Council, and bodies established pursuant to the Agreement.

Implementing the Agreement presents opportunities and challenges. Progress by the Committee is being achieved through a relationship defined by mutual respect and a commitment to fulfilling the obligations set out in the Agreement. Achievements to date are the product of partners working together to meet commitments.

Glossary of Acronyms and Abbreviations

AGJV
Arctic Goose Joint Venture
CCG
Canadian Coast Guard
CEDP
Community Economic Development Program
CEOP
Community Economic Opportunities Program
CIMP
Cumulative Impact Monitoring Program
CMR
Canada Mining Regulations
CRA
Canada Revenue Agency
CSSP
Community Support Services Program
CWS
Canadian Wildlife Service
DAAIR
Department of Aboriginal Affairs and Intergovernmental Relations (NWT)
DFO
Department of Fisheries and Oceans
DoT
Department of Transportation
ECE
Department of Education, Culture and Employment
ENR
Department of Environment and Natural Resources (NWT)
GCLCA
Gwich'in Comprehensive Land Claim Agreement
GIC
Gwich'in Implementation Committee
GIS
Geographic Information System
GLUPB
Gwich'in Land Use Planning Board
GLWB
Gwich'in Land and Water Board
GNWT
Government of the Northwest Territories
GRRB
Gwich'in Renewable Resources Board
GSA
Gwich'in Settlement Area
GSCI
Gwich'in Social and Cultural Institute
GTC
Gwich'in Tribal Council
INAC
Indian and Northern Affairs Canada
ITI
Department of Industry, Tourism and Investment (NWT)
JRP
Joint Review Panel
LCAC
Land Claim Agreement Coalition
MGP
Mackenzie Gas Project
MOI
Memorandum of Intent
MOU
Memorandum of Understanding
MVEIRB
Mackenzie Valley Environmental Impact Review Board
NEB
National Energy Board
NRCan
Natural Resources Canada
NTGO
Northwest Territories Geoscience Office
NWT
Northwest Territories
NWTHC
Northwest Territories Housing Corporation
PAS
Protected Area Strategy
PRWPC
Peel River Watershed Planning Commission
RRC
Renewable Resources Council
SARA
Species at Risk Act
YESAA
Yukon Environmental and Socio-Economic Assessment Act
YG
Yukon Government

1. Features of the Agreement

On April 22, 1992, the Gwich'in Tribal Council (GTC), the Government of the Northwest Territories (GNWT), and Government of Canada signed the Gwich'in Comprehensive Land Claim Agreement and the accompanying Implementation Plan. The Agreement took effect on December 22, 1992.

Under the Agreement, the Gwich'in receive title to 22,329 square kilometres of surface land and 6,158 square kilometres of subsurface lands in the Gwich'in Settlement Area of the Northwest Territories (NWT) and 1,554 square kilometres of surface land in Yukon.

Other major provisions of the Agreement include:

The Agreement also provides for the negotiation of agreements on self-government, which would be brought into effect through federal or territorial legislation or both.

2. Highlights

This training commenced jointly with the Sahtu Land Claim Agreement Arbitration Panel, with efficient financial savings for both organizations. Such important cross-cultural training will continue with the Panel and in the future provide proper knowledge and awareness of Aboriginal issues in the context of which the Panel may need to make future arbitration decisions.

3. Specific Issues

INAC has worked with the Inuvialuit to develop a modest, collaborative pilot monitoring project for the Mackenzie Delta area to help northerners understand and document potential changes to this important environment.

3.1 Cumulative Impact Monitoring Program

The Renewable Resources and Environment Directorate of Indian and Northern Affairs Canada (INAC) worked with various Valued Component Advisory Teams and experts to develop standardized protocols for monitoring. To help further implement the Northwest Territories Cumulative Impact Monitoring Program (CIMP), INAC has worked with the Inuvialuit to develop a modest, collaborative pilot monitoring project for the Mackenzie Delta area to help Northerners understand and document potential changes to this important environment. The pilot project will:

  • Test data collection and reporting protocols.
  • Promote capacity building.
  • Foster community engagement and ownership of the program.
  • Promote the use of scientific and traditional ecological knowledge.

This pilot project will enhance the communities' role as environmental stewards and is intended to expand to other regions in the future. The results and lessons learned may provide a template for expanding the program to other settlement areas.

Through the 2007-2008 annual Call for Proposals process, approximately 27 monitoring/research and capacity/training projects were allocated funding. Three of these projects occurred within the Gwich'in Settlement Area (GSA).

INAC continues to secure long-term funding for the NWT CIMP.

NWT Environmental Audit

The first Environmental Audit was completed in December 2005. The CIMP Working Group and "directly affected parties" collectively identified a lead organization(s) for each of the 50 recommendations outlined in the Audit. The GTC participated in prioritizing and, where possible, implementing the 2005 Audit recommendations. In September 2007, INAC released a departmental response, the INAC Draft Action Plan. Preparations are underway for the second Audit (scheduled for 2010). INAC will be re-engaging the Audit Sub-Committee, including representation from the GTC, to prepare the Audit Terms of Reference in order to initiate the contracting process to select an independent Auditor.

The GTC continues to lobby the Government of Canada for long-term funding for the NWT CIMP and Audit to provide for better environmental stewardship in the GSA.

3.2 Economic Measures

The tripartite Gwich'in Implementation Committee — GTC, GNWT, and Canada — agreed to undertake a strategic planning exercise with the objective of developing a focused approach to measuring and reporting on the effectiveness of government programs related to the economic measures objectives of the Agreement.

The Agreement requires that government meet with the GTC at least once every three years to review the effectiveness of economic development programs in relation to the objectives of the Agreement.

The three-year economic measures meeting was held in Inuvik in November 2007. The purpose of the meeting was to:

  • Review the effectiveness of government economic development programs.
  • Promote and communicate government programs to beneficiaries.
  • Solicit feedback to determine where programs can be enhanced to encourage the development of Gwich'in economic self-sufficiency, and strengthen and maintain the traditional Gwich'in economy.

The parties continue to work collaboratively on the tasks identified above and those arising from the three-year economic measures meeting.

In the past, the GTC has often expressed the opinion that the Economic Measures chapter of the Agreement was not being properly implemented to address the objective of economic self-sufficiency. The GTC continues to work with the Government of Canada to improve the effectiveness of federal programs for economic development in the GSA.

3.3 Mackenzie Gas Project Regulatory Review

In October 2004, the Mackenzie Gas Project (MPG) proponents, led by Imperial Oil, filed their regulatory applications and environmental impact statement with the National Energy Board (NEB) and the Joint Review Panel (JRP), respectively. In 2005, the NEB and JRP conducted a technical review of the application material, and in early 2006, commenced the public hearing process. The NEB is considering the project's technical aspects, safety, and economic issues while the JRP is considering evidence on environmental, socio-economic, and cultural issues. The GTC has participated in the JRP hearings as an intervener and will continue to monitor and participate as required.

The JRP concluded its public hearings in November 2007. Both the JRP and the MPG proponents held hearings in 26 communities which resulted in over 5,000 submissions, 115 days of hearings, and over 1,000 pages of transcripts. The next phase is to produce a final report that will be submitted to the NEB and Canada.

3.4 NWT Species at Risk Act

The Northwest Territories Species at Risk Act (NWT SARA) has been drafted. The GTC and other land claims groups' concern about inclusion in the drafting of the NWT SARA has been addressed by the GNWT. The GTC is involved in the review process, and is an active participant in the development of the Act. This draft must also be approved by the GTC Board of Directors.

The Process to develop the NWT Wildlife Act will not begin until the NWT Species at Risk Act has been completed.

4. Implementation Committee

The Implementation Committee consists of senior officials representing each of the parties to the Agreement. Committee members for the reporting periods covered by this report included Fred Carmichael, President, GTC, who was represented by Norman Snowshoe, Director of Lands, Resources and Implementation, GTC; Scott Alexander, Director of Implementation, Department of Aboriginal Affairs and Intergovernmental Relations, GNWT; and Kimberly Thompson, Director of Implementation Management Directorate, NWT and Yukon Team, INAC.

Pursuant to section 28.2 of the Agreement, the Committee:

The Committee met three times during the reporting period: April 18, 2007 in Yellowknife; September 18, 2007 in Inuvik; and December 4, 2007 in Ottawa.

5. Implementing Bodies

Part of the Board's duties of implementing the Plan is to ensure it is adapted to address social and environmental changes over time. This is done by facilitating a comprehensive review once every five years. Between reviews, exceptions or amendments may be made to the Plan to address specific issues.

5.1 Gwich'in Comprehensive Land Claim Agreement Arbitration Panel

For 2007-2008, the Panel held five conference calls — on May 13, June 8, and August 31 of 2007 and on January 18 and March 18 of 2008. It also held one in-person meeting on November 24, 2007.

The Panel members took part in a Canada-wide conference entitled Reconciliation Across Cultures and Legal Systems, hosted by the University of Alberta's Faculty of Native Studies and Faculty of Law, on November 2, 2007.

The Panel continued to train in social and cultural questions in the context of making Arbitration decisions. Professor Michele LeBaron conducted this educational undertaking on November 23, 2007. This training commenced jointly with the Sahtu Land Claim Agreement Arbitration Panel, with efficient financial savings for both organizations. Such important cross-cultural training will continue with the Panel and in the future provide proper knowledge and awareness of Aboriginal issues in the context of which the Panel may need to make future arbitral decisions. The Panel believes that such knowledge and awareness is an important foundation to help its members fulfill their obligations under the Land Claim Agreement.

5.2 Gwich'in Land Use Planning

The Gwich'in Land Use Planning Board (GLUPB) is responsible for developing and implementing a land use plan for the GSA. The Gwich'in Land Use Plan provides for the conservation, development, and utilization of land, resources, and water for the benefit of all Canadians, with special attention devoted to the needs of the Gwich'in.

Part of the Board's duties of implementing the Plan is to ensure it is adapted to address social and environmental changes over time. This is done by facilitating a comprehensive review once every five years. Between reviews, exceptions or amendments may be made to the Plan to address specific issues.

Implementing the Gwich'in Land Use Plan

The Gwich'in Land Use Plan, Nành' Geenjit Gwitr'it T'igwaa'in (Working for the Land), received final approval on August 7, 2003. It is very important for the Board to understand how the Plan is being implemented and how it is affecting land use in the Settlement Area. It is also very important that communities and other stakeholders understand the Plan and how it works as they have a continued role under the Plan to participate in decisions about development activities.

The Board has been working on a strategy document to provide more detail about the Plan's implementation issues identified in Chapter 7 of the Land Use Plan. This strategy document is, in essence, a five-year work plan that is revised and updated as needed. Progress on the work plan is reported in detail in the Annual Report.

Although the Plan has been approved, there were two conditions leading to the approval of the Plan that the Board has been tracking. Fulfillment of these obligations by INAC is important for the five-year review of the Plan.

  1. Canada Mining Regulations Amendments: INAC began an amendment process for the Canada Mining Regulations (CMR) in 2002, after it recognized the Land Use Plan is an implementation obligation from the GCLCA. The Agreement takes precedence over other federal legislation. As such, INAC has to change the CMR to recognize the zoning in the Land Use Plan that restricts mineral exploration and mineral development requiring permits.

     INAC initially chose to undertake an amendment process for the CMR for updating the whole regulation, which includes the renaming of the CMR to the Northwest Territories and Nunavut Mining Regulations. Timing was a growing concern for the Board as it became evident that this larger amendment process would not be completed before the expiry of the land withdrawal and the completion of the plan review. In February 2007, the Board held discussions with INAC regarding a second draft of those sections of the regulations relevant to the Land Use Plan. So that it could be approved sooner, INAC pulled this section out of the general process. These specific amendments are expected to be completed in the summer of 2008, with the remainder of the regulations to be finalized at a later date.
  2. Non-Renewable Resource Assessment in the Gwich'in Conservation Zones: The NWT Geoscience Office (previously known as the C.S. Lord Northern Geoscience Centre) is the government agency tasked by INAC with completing the assessment. The Board received the Phase I Assessment report in February 2005. The second and final year of fieldwork was completed in August 2004. Although the Board has been making enquiries to the NWT Geoscience Office, it is still unknown when the Phase II report will be complete. The Board had planned to consider the assessment information during this five-year review, but must wait until the assessment is available.

Conformance with the Plan

The proponents updated the project description in May 2007, and time was dedicated to reviewing the update for conformance.

The Board received the permits and licences for activities such as quarries and research to check for conformance. MGP-related matters required the Board's time and resources. In May 2007, the proponents updated the project description and dedicated time to review the update for conformance. However, the Board could not make any decisions on project authorization, as it is dependent on both the JRP's completion of their environmental assessment report and the proponents' next actions based on the report.

The Board continues to take steps to ensure they are able to act in a timely manner when applications for an exception and amendment to the Plan are submitted.

Five-Year Review of the Plan

Revising the Land Use Plan involves the following four planning stages:

  • Information Gathering and Issues Identification Stage: Information gathering begins shortly after the Land Use Plan is approved. The first round of meetings explores what community members think about how the Plan is working and identifies specific issues.
  • Plan Options Stage: These meetings clarify the concerns or issues identified during the Information and Issues Stage. As a result, a more detailed wording of the Plan's revisions is drafted. In addition, these meetings will serve as a vehicle to report back to those community members who did not attend the regional workshop, and to gather their comments on the results.
  •  Revised Draft Plan Stage: Board members and staff will analyze the compiled information related to the options and then will proceed to drafting a revised Land Use Plan. The Board will present the draft revised Plan highlighting the proposed changes.
  • Plan Approval Stage: After the Board incorporates changes and comments on the draft into a final document, it will be submitted to the signatories for approval. This will include final community visits before it is submitted to the GTC Board of Directors. It will then be sent to the GNWT and the federal government for approval.

The implementation of the revised and approved Land Use Plan is expected to take place between 2009 and 2013.

Involving Youth

The GLUPB presented the curriculum-based Teacher's Resource Package in the region's schools as a follow-up to the 2006 regional teachers' conference presentation. The package introduces students to resource management, using the example of the Gwich'in Land Use Plan. The goal of this annual hands-on approach, is not only to inform teachers, but also to encourage the use of the materials into the future.

The back of each book provides general information on the Plan and the Board, so that both parents and children may also learn about land use planning.

An independent project headed by Mindy Willet produced two books with stories from various regions in the NWT about families' experiences on the land, that form part of a children's series. The GLUPB provided support to Tsiigetchic and Aklavik for the production of educational books, respectively titled We Feel Good Out Here by Julie-Ann Andre and The Delta is My Home by Tom McLeod. The back of each book provides general information on the Plan and the Board, so that both parents and children may also learn about land use planning.

5.3 Gwich'in Renewable Resources Board

2007-2008 is the 15th year of implementing the GCLCA and it is the 14th year of the Board's operations. The Board was fully operational with six members plus an appointed Chair and a staff of seven in place.

The Board and staff focused time and energy into developing a five-year strategic plan (2008 to 2013). This plan was developed in collaboration and cooperation with the Board's co-management partners and the RRCs. Its objective is to guide resource allocation (human and financial), set priorities, and create a method of accountability for mandate implementation. The draft strategic plan received the approval of Gwich'in participants and will be reviewed on an annual basis with co-management partners and Gwich'in agencies.

The Board continues to have a good working relationship with other co-management boards and government agencies.

Board Meetings

The Board met twice in 2007-2008: in Aklavik (October 2007) and in Inuvik (February 2008). During these meetings the Board met with Ehdiitat and Nihtat RRCs and discussed local renewable resource management concerns and issues. The Board continues to have a good working relationship with other comanagement boards and government agencies. Several meetings have been held where such issues as species at risk, caribou, and char were discussed. The Chair represented the GRRB in these meetings.

In February 2008, the Board held a strategic planning session that included the participation of co-management partners (GTC, Environment Canada, Department of Fisheries and Oceans (DFO), GNWT and the Gwich'in RRCs). The goal of this meeting was to develop an overarching strategic plan and work-plan that not only reflects the powers and responsibilities of the Board, but also takes into consideration the priorities and concerns of our partners.

Research and Management Projects

In 2007-2008, the Board allocated $82,250 to seven projects. The Board also provided in-kind support to federal and territorial governments and non-governmental organizations to carry out their projects in the GSA.

In addition to the Operations Budget ($697,784) for 2007-2008, the Board received additional funding (approximately $137,000) and in-kind assistance from various organizations to conduct research and management projects in the GSA.

Many of the research projects were conducted jointly with ENR (the Boreal Woodland Caribou Study and the Dall's Sheep Aerial survey) and with DFO (the Travaillant Lake Fish Population Analysis, and the Mackenzie River fish radio tracking project).

The Board's projects included:

  • Dall's Sheep.
  • Grizzly and Wolf Interactions.
  • Community-Based Furbearer Monitoring.
  • Dall's Sheep Aerial Monitoring.
  • Vittrekwa River Dolly Varden.
  • Mackenzie River Fish Stocks.
  • Photographic Baseline Dolly Varden Habitat.
  • Travaillant Lake Fish Populations Analysis.
  • Loche Liver Analysis.

Renewable Resource Management

The Board was established as the main instrument for wildlife and forestry management in the GSA. It is therefore the Board's mandate to ensure that wildlife, fish and the forests are used in a sustainable manner.

In 2007-2008, the main management concern continued to be the decline of barren ground caribou in the GSA and adjacent areas. Consultation with communities and meetings with other wildlife management organizations continued. The GRRB received confirmation from the NWT ENR office that the recommendations made in the previous year, concerning the harvesting of caribou, were approved and are now enforceable. As a result, the GRRB distributed caribou Harvesting Tags to all four RRCs. The RRCs are responsible for re-distributing these tags within their respective communities.

The Board promotes community based sustainable resource management in the GSA and has continued working on various management plans for the area.

Another management issue in the GSA in 2007-2008 was the continued decline of the Rat River Char. Board staff and the GRRB Chair has been actively involved in the Rat River Char Working Group. The GRRB chaired the annual Rat River Char fishing plan consultation meetings in the GSA.

The Board promotes community-based sustainable resource management and has continued working on various management plans for the area. Work on the Northern Richardson Mountain Dall's Sheep Management Plan and the Forest Management Plan continued during the 2007-2008 fiscal year. The Draft Forest Management Plan includes the planning framework and terms of reference for forest management planning in the GSA.

Gwich'in Harvest Study

Due to a lack of specific funding, the work is done on a voluntary basis. The Technical Report is expected to be completed in the fall of 2008.

Gwich'in Local Knowledge

The Board continued collecting community knowledge as a part of GRRB research activities and community consultations.

Education and Training

Education and training in renewable resource research and management is an important part of the GRRB operations. In 2007-2008 the Board continued to offer programs including:

  • On-the-job Training (one technician trainee position).
  • Summer Student Program (one summer student position).
  • Jim Edwards Sittichinli Scholarship (one scholarship of $500, with regard to harvesting caribou).
  • Youth Work Experience Program for researchers and community monitors to take out youth to assist with field research and programs (five youth).

The Board continued to offer a training program that encourages professional enhancement for all staff. Board staff continued to participate in community career days, nature day, school visits, science camps, and fairs to encourage youth to pursue careers in renewable resource maanagement.

The Board maintained and updated its website to enhance communication about the Board's activities and programs to the public.

Northern Gas Pipeline Project

The Board continued to participate in the JRP Process as an intervener with funds from the Participant Funding Phase III.

The JRP/MGP hearings and related research permit applications and other development proposals continue to require the staff's time. The group continues to receive and respond to a number of research permit licence applications on a weekly basis. The Board's biologist is assigned to review project proposals sent to the Board by the Aurora Research Institute and the Gwich'in Land Administration.

5.4 Mackenzie Valley Environmental Impact Review Board

The Review Board consists of nine members appointed by the Minister of Indian and Northern Affairs Canada. The Chair is typically appointed on the nomination of the Review Board. Eight regular board members are appointed from an equal number of nominees submitted by government and land claimant organizations.

In December 2007, the Review Board issued a draft Reference Bulletin for public comment in order to clarify the roles and authorities of the Review Board and land and water boards for the preliminary screening process and the process of referral of proposed developments to environmental assessment. Comments have been received from land and water boards, industry, INAC and others. The scope of this initiative was broadened to include all referring organizations under the Mackenzie Valley Resource Management Act to ensure all referring processes are legally correct and harmonized. A workshop involving all involved organizations is scheduled for the new fiscal year.

The distribution between the various types of developments remains similar to previous years; the majority are applications from the mineral and oil and gas sectors. One notable increase is in the number of applications for quarries, which has tripled from last year.

In 2007-2008, the Review Board managed 14, and completed 2 environmental assessments. It is waiting for ministerial acceptance on four environmental assessments and two impact reviews. The Review Board is carrying forward eight active environmental assessments into the 2008-2009 fiscal year. With respect to the two environmental assessments completed in 2007-2008, the Review Board recommended approval without any measures for one development, which proceeded to regulatory review. Whereas, the Review Board's recommendation to reject the other proposed development was accepted by the responsible federal ministers. The environmental reviews are carrying forward into the 2008-2009 fiscal year.

One notable increase is in the number of applications for quarries, which has tripled from last year.

Ongoing Environmental Assessments

  • EA0506-004: Tyhee NWT Corp -Yellowknife Gold Project.
  • EA0708-001: Selwyn Resources Ltd. - Mineral Exploration at Howard's Pass.
  • EA0708-002 & EA0708-003: Uravan Minerals Inc. - South Boomerang Lake & North Boomerang Lake Mineral Exploration.
  • EA0708-004 & EA0708-005: Bayswater Uranium Corporation - EL Lake & Crab Lake Mineral Exploration.
  • EA0708-006: Hunter Bay Minerals Inc. - Hunter Bay Mineral Exploration.
  • EA0708-007: Dezé Energy Corporation – Taltson Hydroelectric Expansion Project.

Environmental Assessments Awaiting Ministerial Acceptance

  • EA03-009: Imperial Oil Resources Ventures Ltd. – Deh cho Geotechnical Survey.
  • EA0506-005: Consolidated Goldwin Ventures Inc. – Mineral Exploration Program.
  • EA0506-006: Sidon International Resources Corp. – Mineral Exploration Program.
  • EA0506-007: Paramount Resources Ltd. – SDL 8 2-D Geophysical Program.

Completed Environmental Assessments

  • EA0607-002: Tamerlane Ventures Inc. – Pine Point Pilot Project.
  • EA0607-003: Ur Energy Inc. – Screech Lake Uranium Exploration.

Ongoing Impact Reviews

  • EIR0406-001 Imperial Oil Resources Ventures Mackenzie Gas Project.
  • EIR0607-001: De Beers Canada Mining Ltd. – Gahcho Kué Diamond Mine.

NWT Board Forum

During 2007-2008, the Review Board and staff continued to be actively involved in the work of the NWT Board Forum:

  • The development of strategic and business planning guidelines and templates for use by Board Forum members.
  • The development of an NWT Board Forum "one stop shop" Web site portal.
  • The development of a consolidated statement of Board Forum research priorities for distribution to researchers and funding agencies interested in the NWT.

The Review Board was pleased to host the NWT Board Forum meeting on November 10-11, 2007 in Yellowknife.

Guidelines for Considering Wildlife at Risk

The Review Board worked with Environment Canada and the GNWT to draft guidelines for considering wildlife at risk in environmental impact assessments. These guidelines address the requirements of the federal Species at Risk Act. The Review Board has issued the draft guidelines for public comment and will finalize the guidelines in the upcoming year.

Professional Development

The Review Board was able to manage the number of staff changes in such a way that the corporate knowledge held by the Review Board staff was retained. There were a number of internal promotions made. As well, the Board gained two summer interns. This year was the first year the Review Board implemented a summer intern program, which provided environmental assessment training, and the challenge of conducting a small, independent project.

Plain Language Writing Training

The Review Board and staff attended a number of training conferences over the year. Training generally focused on board governance and training, project management and environmental impact assessment.

In December 2007, the Review Board and staff participated in an "Improving Legal Writing Workshop." The workshop provided staff with tools to further develop their writing skills. The workshop has helped the Review Board members and staff with their ability to produce clear, concise, and reader-friendly documents; to communicate more clearly with parties; and to offer better information materials to the public.

Environmental Impact Assessment Guidelines

The Review Board translated its Environmental Impact Assessment Guidelines Overview booklet from English into Chipewyan, French, Gwich'in, North Slavey, South Slavey, and Tlicho. The booklet is a condensed version of the Environmental Impact Assessment Guidelines and is written for readers who are unfamiliar with the process and want to gain a better understanding.

5.5 Gwich'in Land and Water Board

The Gwich'in Land and Water Board (GLWB) is a regulatory authority established under the GCLCA and given effect by the Mackenzie Valley Resource Management Act to provide for an integrated and coordinated system of land management in the Mackenzie Valley of the Northwest Territories.

The objective of the Board is to provide for conservation, development, and utilization of the land and water resources in the GSA in a manner that will provide the optimum benefit for present and future residents of the Settlement Area, the Mackenzie Valley, and Canada.

The Act authorizes the Board to regulate the use of land and water by issuing, amending, renewing, and suspending Land Use Permits and Water Licenses throughout the GSA, which includes all Crown land, Gwich'in land and any other private lands.

The Board consists of five members, including the Chair. The GTC nominates two members and the other two members are nominated by the GNWT and by the Government of Canada. The four members then nominate the Chair. The Minister of Indian and Northern Affairs Canada appoints all nominees to the Board for a term of three years.

The fiscal year 2007-2008 was the ninth full year of operation for the Board. There were seven new applications for land use permits and two applications for a water licence. Six land use permits and two water licenses were approved by the Board, and one land use permit was withdrawn.

The object of the Board is to provide for conservation, development, and utilization of the land and water resources in the Gwich'in settlement area in a manner that will provide the optimum benefit for present and future residents of the settlement area and the Mackenzie Valley and for all Canadians.

Board objectives for the coming year include the following:

  • To maintain an efficient and timely method of processing land use permits and water licenses in the Settlement Area as per the Mackenzie Valley Resource Management Act.
  • To continue to employ and train qualified First Nations peoples.
  • To continue to develop a more effective communication process with the Gwich'in communities.
  • To continue to work with other co-management boards in the GSA and elsewhere to provide for an integrated and coordinated system of management in the Mackenzie Valley of the NWT.

6. Gwich'in Tribal Council

The GTC is the organization mandated by the Agreement to represent Gwich'in beneficiaries on the Implementation Committee and to ensure the protection of Gwich'in rights and interests.

6.1 Enrolment Board

The Enrolment Board has operated since March 1993, and is responsible for enrolling all suitable persons of Gwich'in ancestry pursuant to the GCLCA. Only those enrolled under the Agreement are entitled to vote, run in GTC elections, participate in activities of the GTC and any affiliated bodies, and receive benefits or money from payouts.

The first Gwich'in Enrolment Registry was issued in April 1994 and listed 1,245 beneficiaries. By March 2006, 3,126 Gwich'in had enrolled and the Board continues to receive applications. In March 2008, there were approximately 3,000 enrolled participants.

6.2 Land Claim Agreement Coalition

The GTC is participating in the Land Claim Agreement Coalition (LCAC) and is supportive of its initiatives. Over the past reporting period, the focus of the Coalition was to urge the federal government to work together to develop a more effective land claim implementation policy focused on objectives and obligations. This was done through participation in Senate Committee hearings and DIAND Land Claim Implementation Consultations.

Senate Committee Hearings on Land Claim Implementation

The GTC assert that most of the challenges are a direct result of INAC's inability to implement the Land Claims Agreements. The Senate Committee coordinated hearings to develop a report on Land Claim Implementation. The Senate Report identified key challenges faced by the Land Claim Groups across Canada in achieving Land Claim Implementation. Most of the challenges are a direct result of INAC's inability to implement the Land Claims Agreements.

DIAND Land Claim Implementation Consultations

The Government of Canada met with Land Claim Groups across Canada to discuss Land Claim Implementation. The LCAC developed a coordinated response among all Land Claim Groups. Similar messages were delivered across Canada. In December 2007, the Land Claim Groups met in Ottawa and were presented with the results of the consultations. During the meeting a PowerPoint presentation was delivered. The Land Claims Groups expressed concerns about the consultation process and noted their desire for a more formal report.

6.3 Amendments to the Gwich'in Comprehensive Land Claim Agreement

Over the past year, the GTC and INAC have been working on an amendment to the GCLCA to extend the 15-year specified period of time for the distribution of funds to participants. The amendment has been finalized.

6.4 Self-Government Negotiations

The mandate of the Self-Government Department is to establish a better understanding of what people want to see in a Gwich'in government.

Negotiations continue with the Government of Canada and the GNWT. Due to concerns of the Chiefs, talks have slowed down regarding loss of treaty rights under Treaty 11 and Indian Act issues related to the dissolution of bands referred to in the last agreement-in-principle.

The mandate of the self-government department is to establish a better understanding of what people want to see in a Gwich'in government.

  • Fieldworkers visited individual homes to explain, consult, and gather feedback on the draft Gwich'in Charter of Rights and Freedoms. Visits were made to Whitehorse and Yellowknife to provide updates to participants. A number of communications products to further the consultation have been produced and are in distribution in the communities. These include:
  • A Self-Government Traditional Governance Video.
  • Updates to the GTC Newsletter.
  • Web site on the Self-Government page.
  • Updates on the constitutional process and the Gwich'in Charter.

6.5 Resource Management

The Lands, Resources, and Implementation Department is responsible for coordinating and facilitating activities and programs related to the implementation of the GCLCA including issues, policies, and regulations concerning the management of harvesting, wildlife, and the environment.

Dempster Highway Hunting Regulations (NWT and Yukon)

The GTC Resource Manager continued to work with the GNWT, Yukon Government / YG, GRRB, RRCs, and the Porcupine Caribou Management Board (PCMB) to implement changes to the Dempster Highway Hunting Regulations. The GTC is monitoring a legal challenge to the Dempster Highway Regulations in Yukon and will continue to monitor this file.

Dall Sheep Management Plan

The GTC, GNWT, YG, Vuntut Gwich'in, North Yukon Renewable Resource Council, and the GRRB are developing a Transboundary Management Plan for the North Richardson Dall Sheep. The Working Group's terms of reference have been established. The Management Plan was developed and will be sent to partners for public consultation. The estimated completion date for public consultation is September 15, 2008.

Gwich'in Harvesters Assistance Program

Gwich'in Harvesters Assistance Program is a GTC program assisting part-time and fulltime Gwich'in harvesters with the purchase of equipment and supplies for harvesting. Over the past reporting period, the GTC approved 117 applications for assistance and issued approximately $141,000 in funding.

Forest Management

The GTC continues to work on the development of a Forest Management Plan for the Gwich'in Settlement Region with the ENR and the GRRB.

The GTC has signs placed at access points to the lake requesting users to refrain from activities that may cause contamination as the lake is the community potable water supply.

Porcupine Caribou Management Board and Porcupine Caribou Management Agreement

The GTC supported an amendment to the Porcupine Caribou Management Agreement to change "Dene Métis" to "Gwich'in" and allow for more than one Gwich'in representative. These amendments did not occur in 2007-2008. The GTC has participated in the following activities during the reporting period:

  • The ongoing review of the Dempster Highway Regulations.
  • The development of the Harvest Management Strategy Protocol.
  • A Harvest Management Plan for the Porcupine Caribou Herd in Canada.

Deep Water Lake Management Plan Implementation

There is a management plan in place for Deep Water Lake to serve as a drinking water source for Fort McPherson. The community has been advised that in accordance with the plan, it should not authorize any further cabins to be constructed on the lake. The GTC has signs placed at access points to the lake requesting users to refrain from activities that may cause contamination, as the lake is the community potable water supply.

6.6 Gwich'in Land Administration

The Lands, Resources, and Implementation Department is responsible for coordinating and facilitating various activities and programs related to implementation of the GCLCA including, but not limited to, the management and administration of Gwich'in-owned lands within the NWT and Yukon.

Lands Administration processed the following authorizations or leases for access to Gwich'in owned land:

Authorizations issued in 2007 Authorizations issued in first half of 2008
Access = 1 Access = 0
Research = 1 Research = 3
Quarry = 4 Quarry = 5
Camp = 1 Camp = 0
(Non-Gwich'in) (Non-Gwich'in)
  Leases = 0

Significant Projects

  • Peel River Watershed Planning Commission
    The GTC has been participating along with the Vuntut Gwich'in, Na Cho Nyak Dun, Trondek Hwechin, and Tetlit Gwich'in in the implementation of the Peel River land use planning process. The GTC continues to participate in the Peel River Watershed Land Use Planning Process by assisting the Peel River Watershed Planning Commission (PRWPC) in information gathering activities. The GTC representative on the PRWPC is Mr. Peter J. Kaye from Fort McPherson. He is very familiar with the planning area and has traveled the area extensively.
  • Signage in the GSA
    The GTC has completed the signage project along the Dempster Highway. The additional signs identify the special harvesting area near the NWT/Yukon border and the secondary use area within Yukon. The GTC has also installed signs at Deep Water Lake indicating it is the potable water source for the community of Fort McPherson.
  • Harvester and Cabin Database
    The GTC continues to register beneficiary cabins and harvesting areas within the GSA. This information is required to ensure development programs do not affect traditional and cultural use by participants. Beneficiaries who register their cabins receive a full-size Gwich'in Nation flag. The GTC has finalized a residential lease authorization for all non-Gwich'in camps within the GSA. The GTC requires all non-Gwich'in cabin owners to enter into a lease.
  • Environmental Monitor Program
    For each land access or research authorization issued, the authorization holder is required to hire a Gwich'in Environmental Monitor. Environmental Monitor Standards have been developed by the GNWT Education, Culture, and Employment. Aurora College has developed a standard Environmental Monitor Training Program and Gwich'in participants are becoming certified through this program. All GTC Environmental Monitors will be required to have recognized certification from an Environmental Monitor Training Program prior to going into the field.
  • Land Management Control Guidelines and Fee Schedule
    The GTC land access fees have been updated for the 2008-2009 season. An automatic multiplier was added; each April 1, land access fees will increase on an annual basis. The Guidelines were updated to accommodate new GTC policies and several new categories of land use activities. The Land Management and Control Guidelines is a working document and will be updated as required over time and as approved by the GTC Board of Directors to ensure all aspects of land use and policy are covered by the Guidelines.
  • James Creek Hydrocarbon Land Farm
    An annual sampling program of the James Creek water source is conducted by the GNWT which includes soil, groundwater, and water sampling. To date, the program has shown no indication of any contamination to the James Creek water source from the land farm. The GNWT will continue to keep the community members of Fort McPherson informed about the sampling and results on an annual basis.

6.7 Gwich'in Social and Cultural Institute

The Gwich'in Social and Cultural Institute (GSCI) is the cultural arm of the GTC that also includes the Gwich'in Language Centre. The Language Centre is responsible for the Gwich'in Language Plan and the development of language resource material for Gwich'in language teachers. The GSCI was established in 1993 with the mandate to document, preserve, and promote the practice of Gwich'in culture, language, traditional knowledge, and values.

In 2007-2008, the GSCI staff continued with ongoing projects and identified 11 new projects to work on throughout the year, using the GSCI five-year plan (2006 to 2010), and direction from the GSCI Board as a guide. The GSCI reviewed its five-year strategic plan, and worked on governance training with its Board of Directors. The GSCI interviewed Gwich'in Elders, for various projects, about their lives and experiences on the land.

Review of GSCI Five-Year Plan (2006-2010)

The Board of Directors reviewed and revised Year-1 of the five-year plan document at the December 2007 regular meeting. The review emphasized to Board members that the GSCI staff must continue with research and revitalization work related to Dinjii Zhuh Ginjik – which must be the focus for the Gwich'in Language Centre.

The GSCI reviewed its five-year strategic plan, and worked on governance training with its Board of Directors.

Heritage and Cultural Places in the GSA 

An annotated list of heritage and cultural places in the GSA was prepared. The list was created as a Geodatabase with both location and tabular data. The list summarized and prioritized the heritage and cultural places listed. The geographic database was generated from the three Gwich'in Place Names databases (Gwichya Gwich'in, Teetl'it Gwich'in, and Ehdiitat Gwich'in places names) compiled over the last 15 years through extensive research carried out by the GSCI.

Peel River Dinosaur Research

The GSCI provided Grant Zazula (Yukon Paleontologist) and Dr. David Evans (Royal Ontario Museum) with advice concerning how to obtain community support from Fort McPherson and what land access research licenses or agreements must be negotiated before proceeding. The dinosaur research will be carried out in the Bonnetplume River area in the summer of 2008.

Peel Watershed Land Use Planning Commission

The GSCI provided comments on the "Preliminary Summary of Heritage Values in the Peel River Watershed Planning Area," drafted for the Commission. The Teetl'it Gwich'in heritage data recorded in 1996 and entered into the GSCI Geographical Information System (GIS) provided the foundation for this review, along with heritage information recorded during the Blackstone Uplands and Peel River Ethno-Archaeology Projects, carried out between 2000 and 2005.

Tsiigehtchic Steppe Bison Fossil Find

The GSCI acted as the community liaison for the Steppe Bison (Bison priscus) remains that were discovered by Shane van Loon in September 2007 in Tsiigehtchic. The partially mummified remains were found eroding out of the banks of the Arctic Red River, adjacent to the cemetery. The bison remains are a very unique and important find, as no such specimens (in a mummified form) have been found before in the NWT or Yukon.

Pokiak and Nataiinlaii Historic Places Initiative

The Aklavik Community Steering Committee reviewed the draft nomination form for Pokiak in February 2008 and made several corrections and additions. The boundary of Nataiinlaii was finalized by the Teetl'it Gwich'in Steering Committee, and new maps reflecting the boundary changes were produced. These new maps will be forwarded to the GLUPB for its use in the five-year review of the Land Use Plan.

Gwich'in Language Centre Project

Under the Gwich'in Language Plan, the language activities in 2007-2008 include:

  • Gwich'in Language Dictionary, 7th Edition.
  • Gwich'in Elders' Biographies/Gwich'in Elders Calendar 2008.
  • Gwich'in Language Classes in the community.

Under the Gwich'in Language Resource Materials, the development of resource materials includes:

  • Booklets/Readers Development.
  • Second Language Curriculum (Gwich'in).
  • A Teachers Workshop.

Gwich'in Language Revitalization Efforts

At the GSCI Board meeting, held early March 2008, each Board member and staff spoke a few words in the Dinjii Zhuh Ginjik language. Board members want to continue this practice at their meetings and will also support all language initiatives to promote the use of the language in workplaces and communities.

6.8 Yukon Issues

GTC Membership in Council of Yukon First Nations

The GTC finalized membership in the Council of Yukon First Nations. It is expected that membership will allow the GTC to participate more fully in the Yukon land and resource management regulatory regime.

Yukon Environmental and Socio-Economic Assessment Act Implementation

GTC staff members have been participating in the implementation of the Yukon Environmental and Socio-Economic Assessment Act (YESAA). The GTC will continue to coordinate activities associated with the YESAA designated offices in Dawson and Mayo, Yukon. The Act is undergoing a five-year review and the GTC has been participating in the review process which should be completed by April 2009.

Sumps in Yukon

Due to concerns from community members of Fort McPherson, the GTC, Tetlit Gwich'in Council, and the YG continue to assess the abandoned well sites in the Peel River Watershed. An assessment program has been carried out and the YG has developed a report that has been circulated to the communities. The GTC will continue to participate with the working group to assess all existing sites and remediate if necessary.

At the GSCI Board meeting, held early March 2008, each Board member and staff spoke a few words in the Dinjii Zhuh Ginjik language. Board members want to continue this practice at their meetings and will also support all language initiatives to promote the use of the language in workplaces and communities.

Yukon Species at Risk

The YG is drafting legislation for a Yukon Species at Risk Act. Due to the technical nature of the legislation and the implementation of the GCLCA, the GTC has requested that the YG provide funding to support GTC's participation and legal counsel in the drafting process.

Yukon Wildlife Act Amendments

Due to the technical nature of the Yukon Wildlife Act amendments and the implementation of the GCLCA, the GTC has requested that the YG provide funding for the GTC's participation and legal counsel during the amendment process.

7. Government of the Northwest Territories

The Government of the Northwest Territories performed various implementation activities pursuant to the Gwich'in Implementation Plan and related funding agreements.

7.1 Department of Aboriginal Affairs and Intergovernmental Relations

The objective was to promote and communicate government programs to beneficiaries and to solicit feedback to determine where programs can be enhanced to encourage the development of stable, economic self-sufficiency, and to strengthen and maintain the traditional Gwich'in economy.

The Department of Aboriginal Affairs and Intergovernmental Relations (DAAIR) worked closely with the GTC, the GNWT, and federal officials, and the various implementing bodies established by the GCLCA. The Department coordinated the implementation activities of all GNWT departments, prepared regular status reports for the Gwich'in Implementation Committee (GIC), and prepared the GNWT component of this annual report.

A DAAIR official actively participated as the GNWT representative on the GIC. The Committee dealt with such issues as economic measures, communications, board funding requests, board appointments, and the reallocation of implementation resources.

DAAIR coordinated the GNWT component of the Three-Year Economic Measures meeting held in November 2007, in Inuvik. The meeting was held to review the effectiveness of government economic development programs. The objective was to promote and communicate government programs to beneficiaries and to solicit feedback to determine where programs can be enhanced to encourage the development of stable, economic self-sufficiency, and to strengthen and maintain the traditional Gwich'in economy.

In accordance with Chapter 5 and Appendix B of the GCLCA, DAAIR participated in the Gwich'in self-government negotiations.

7.2 Department of Municipal and Community Affairs

The Department of Municipal and Community Affairs processed a resource royalty payment to the GTC based on GNWT sand and gravel sales.

Solicitations for the property tax rebate program were expanded to include the local band governments and Gwich'in Designated Authorities, in addition to the GTC.

Discussions have commenced with the GTC and Nihtat Gwich'in Council regarding a proposal from the Town of Inuvik to change their municipal boundaries in order to incorporate the Commissioner's lands around Dolomite (Airport) Lake.

7.3 Industry, Tourism and Investment

Industry, Tourism and Investment (ITI) continued to meet its obligations through ongoing consultations with the GTC, designated Gwich'in organizations, and the RRCs. ITI also worked closely with the Gwich'in Development Corporation, the GTC, the local Hamlet Community Councils, the local Band Organizations, and the local Community Development Corporations. ITI promoted, assisted, and advised these bodies on economic, business, and resource development, including parks management and tourism opportunities. The Department also addressed growing trends and issues.

Industry, Tourism and Investment (ITI) continued to meet its obligations through ongoing consultations with the GTC, designated Gwich'in organizations, and the RRCs.

Economic Development

ITI continued to work in close cooperation and consultation with the GTC and Gwich'in communities to support and encourage beneficiary involvement in business development and employment leading to economic self-sufficiency.

ITI provided business advice, counselling, and support to Gwich'in businesses and individuals to help them gain access to financial support.

ITI engaged in the following activities in 2007-2008:

  • Provided loans, contributions, grants, and operational subsidies through the Grants to Small Business, Business Development Fund, and the NWT Business Development and Investment Corporation programs.
  • Economic development officers provided business advice and counselling services in the Gwich'in communities.

7.4 Environment and Natural Resources

The mandate of the Minister for Environment and Natural Resources (ENR) is to promote and support the sustainable use and development of natural resources and to protect, conserve and enhance the NWT environment for the social and economic benefit of all NWT residents. In managing natural resources and the environment, ENR performs various implementation activities.

ENR continued to meet GNWT obligations through ongoing consultation with the GTC and other Gwich'in boards and organizations, including: Designated Gwich'in Organizations, RRCs, the GRRB, the GLWB, the GLUPB, and the GSCI on all matters pertaining to wildlife management and forest management. ENR continued to coordinate GNWT nominations and appointments to various co-management boards. ENR worked closely with the GTC on drafting new wildlife legislation to protect species at risk in the NWT.

ENR provided support to the GRRB biological staff and collaborated on ENR/GRRB related research projects including:

  • Dall's Sheep population estimates and ecology studies (includes satellite tracking of sheep, wolves and grizzly bears).
  • Porcupine Caribou herd monitoring including body condition.
  • Woodland Caribou ecology (includes satellite tracking).
  • Recruitment, calving ground, and productivity and recruitment studies of the Cape Bathurst and Bluenose-West caribou herds (includes satellite tracking).
  • Harvest monitoring including wolf and wolverine carcass collections.
  • Small mammal monitoring.

ENR continued to consult with the GRRB and RRCs on all aspects of wildlife research programming in the GSA. ENR collaborated and consulted with the GRRB on the collection and analysis of baseline data for woodland caribou.

Increased education, along with compliance and enforcement efforts, has been the main focus.

During this reporting period ENR continued to play a significant role in the development of a North Richardson Dall Sheep Management Plan. ENR participates as a member of the Dall Sheep Management Planning Working Group and a draft plan was distributed for comment to the co-management boards and government. A second set of community consultations are planned for the next fiscal year.

Management actions have been implemented based on the 2006 surveys of the Cape-Bathurst, Bluenose-West, and Tuktoyaktuk Peninsula caribou and the results of two rounds of community consultations. The closure of harvest for non-Aboriginal harvesters continues and new legislation governing the harvest of caribou by Gwich'in and Inuvialuit users in the GSA and Inuvialuit Settlement Region came into effect. The main focus has been increased education, along with compliance and enforcement efforts. ENR has initiated discussions to outline a process to develop a new Management Plan with all shareholders for these herds.

ENR has been working very closely with the Gwich'in user communities on the development of a Harvest Management Strategy for the Porcupine Caribou herd. ENR provided close to $40,000 towards the costs of Gwich'in participation in the development of this plan which included a Harvest Management Planning workshop held in Inuvik.

The GNWT has established a Protected Areas Strategy (PAS), along with a Five-Year Action Plan for its implementation. The GTC is a member of the PAS Working Group and continues to express its views with regard to this initiative. The GTC is monitoring the Gwich'in Land Use Plan to determine if adequate protection is provided within the GSA and will continue to use the Land Use Plan as the main instrument for Protected Areas.

7.5 Department of Education, Culture and Employment

The Department of Education, Culture and Employment (ECE) is responsible for the planning, delivery, and management of a broad range of employment, social, educational, and cultural programs and services in the GSA.

ECE provided training to Gwich'in trainees through the Wage Subsidy Program in Aklavik, Inuvik, Fort McPherson, and Tsiigehtchic. Gwich'in apprentices participated in the Apprenticeship Training-on-the-job and all communities in the GSA participated in the Youth Employment Initiative Program.

Community literacy development was provided to community organizations to help increase literacy skills and raise awareness of the importance of literacy. ECE supported the GTC with the "Gathering our Voices Conference" that allowed youth to practice proper writing skills, note taking, reporting, and recording techniques. The Inuvik District Authority Community Music Workshop taught all members of the community how to write songs and create music.

The Culture and Heritage Division continued to provide funding and professional support to the GSCI for repatriation projects. A contribution was made to the GSCI to repatriate knowledge about the use of the Delta through oral history research with Elders in the Fort McPherson and Aklavik regions.

The Culture and Heritage Division reviewed applications for land use permits and environmental impact assessments to identify possible threats to heritage resources and provided advice on the preservation of heritage resources to a variety of agencies. The environmental assessment of the proposed Mackenzie Gas Pipeline dominated much of the work in this area.

The Culture and Heritage Division maintained and provided access to a database of traditional Aboriginal place names in the GSA and consultations continued as part of a process to obtain official recognition of multiple names for the Mackenzie River, including "Nagwichoonjik" (Gwich'in), "Dehcho" (Slavey), and "Kuukpak" (Inuvialuktun).

The Culture and Heritage Division provided the GSCI with a total of $5,500, in accordance to its Historic Places cost-sharing program. Two historic projects were completed: the Pokiak and Nataiinlaii NWT Historic Sites Nomination Project, and the Arctic Red River Headwaters Historic Resource Survey.

7.6 Department of Justice

The Legal Division continued to support the implementation of the GCLCA by providing legal advice to GNWT departments as required.

Surveys have been registered and certificates of title have been issued for all of the specific sites and all of the municipal parcels. Two of the specific sites are wholly within settlement land parcels and titles were issued for them, rather than the specific sites. The single unsurveyed municipal parcel, that was untitled at the time of the last report, was surveyed as three lots and therefore three new certificates of title were issued.

Natural Resources Canada (NRCan) has indicated that 26 of 53 surface and/or subsurface parcels have not been surveyed. Since the Land Titles Office may have to register plans for some or all of these parcels in the future, 53 survey plans have been registered for portions of settlement land parcels. Certificates of title have now been issued for all of the 54 settlement land parcels.

Two of the specific sites are wholly within settlement lands parcels and titles were issued for these parcels rather than the specific sites.

7.7 Department of Transportation

The Department of Transportation (DoT) is committed to supporting local and northern businesses. A Memorandum of Understanding (MOU) is in place to build capacity in the GSA through government contracting. The MOU identifies that 50 percent of contracts awarded in the GSA are awarded to Gwich'in companies. DoT uses both competitive and non-competitive processes to award contracts in the GSA. DoT has consistently exceeded the 50 percent target.

During the period of April 01, 2007 to March 31, 2008, the Department entered into 43 contracts in the GSA. Twenty-six of these were awarded to Gwich'in contractors. Through negotiated or sole-source contracts, Gwich'in participants were awarded 12 of these contracts valued at $4,983,471.30. This figure does not include the contracts successfully negotiated with Gwich'in companies for awards in the 2008-2009 fiscal year, valued approximately at an additional $5 million.

The following table shows the contracts awarded by DoT (by value) to Gwich'in business. Although some contracts were active for multi-years (i.e. highway maintenance), the total contract value is indicated in the year that it was awarded.

The values below do not reflect the actual expenditure, but the total value of contracts initiated within each fiscal year.

The Department's Community Marine and Access Roads Program contributed $9,000 for brushing at the Peel River for Boat Launch. The Program contributed $40,000 to Fort McPherson for a trail to Husky Lakes and $25,000 for the winter road between Aklavik and Fort McPherson in 2007-2008.

The Department also supports the training and development of Gwich'in employees. Three candidates from the Gwich'in Area were trained as Airport Maintainers, and two candidates were trained as Airport Supervisors.

DoT contracts by value awarded to Gwich'in businesses

Fiscal Year Total Contracts ($) Gwich'in ($) Negotiated ($)
2003-2004 5,855,477 3,933,152 (67%) 3,100,000
2004-2005 14,350,839 12,495,000 (87%) 8,100,000
2005-2006 8,066,285 3,640,360 (45%) 2,607,480
2006-2007 10,334,023 5,681,732 (55%) 4,208,106
2007-2008 13,627,309 6,550,113 (48%) 4,983,471

7.8 Department of Public Works and Services

The Department of Public Works and Services (PW&S) supported the economic measures provisions of the GCLCA in a variety of ways consistent with the GNWT's preferential contracting policies and procedures that are intended to maximize local, regional, and northern employment and business opportunities. The Department provided contracting opportunities for Gwich'in businesses and employed residents of Gwich'in communities.

Contracts within the Gwich'in Settlement Area
Within the GSA, PW&S awarded six contracts with a combined total value of $1,687,448 to Gwich'in registered businesses.

One sole-source contract was awarded to Inuvik Commercial Properties Zheh Gwizu for $8,448 to supply and install exterior windows in an office building in Inuvik. A negotiated contract was awarded to GDC–NNP Limited Partnership for $1,526,000 for warehouse space in Inuvik for 10-years. Two tendered contracts totalling $111,000 were awarded to Mackenzie Valley Construction for pipeline removal and tank decommissioning in Fort McPherson.

The Department of Public Works and Services (PW&S) supported the economic measures provisions of the GCLCA in a variety of ways consistent with the GNWT's preferential contracting policies and procedures that are intended to maximize local, regional, and northern employment and business opportunities.

Two standing offer agreements totalling $42,000 were extended for one additional year:

  • Mackenzie Valley Construction: $30,000 for vehicle maintenance services in Inuvik.
  • AC Contracting: $12,000 for carpentry services in Aklavik.

Office Leases within the Gwich'in Settlement Area
The PW&S maintained six leases for office space in Inuvik with Inuvik Commercial Properties Zheh Gwizu with a combined annual value of $1,049,196 and one lease for office space in Inuvik with Fort McPherson

Incorporated Band Ltd. for $227,364. These lease values represent 68.1 percent of office leases maintained by PW&S in the GSA.

7.9 Northwest Territories Housing Corporation

In support of the economic measures provisions of Chapter 10 of the GCLCA and consistent with the GNWT's preferential contracting policies and procedures intended to maximize local, regional, and northern employment and business opportunities, Northwest Territories Housing Corporation (NWTHC) awarded nine contracts within the GSA to businesses owned by Gwich'in beneficiaries. The total value of these contracts was $1,638,000 or 63 percent of the NWTHC's total contract expenditures in the GSA.

Contracts were awarded to the following Gwich'in businesses:

  • AC Contracting: $298,000 for new construction in Aklavik.
  • Aklavik Indian Band: $9,200 for liaison work in Aklavik.
  • Eagle Eye Civil Surveys: $11,900 for surveying in Fort McPherson.
  • Ehdiitat Gwich'in Council: $235,000 for new construction in Aklavik.
  • LJs Contracting: $99,000 for gravel in Fort McPherson.
  • PC Construction: $298,000 for new construction in Tsiigehtchic.
  • PC Construction: $33,300 for minor repairs in Tsiigehtchic.
  • PC Construction: $633,200 for new construction in Tsiigehtchic.
  • Tetlit Gwich'in Council: $20,000 for liaison work in Fort McPherson.

8. Government of Canada

8.1 Federal Coordination of Implementation Activities

Indian and Northern Affairs Canada

These ongoing and shared initiatives, in addition to new ideas, will improve the clarity and certainty for project proponents. They will better equip the NWT to develop resources in a sustainable and efficient way. 

A relationship-building workshop was held in October 2007 with all NWT resource management boards. The workshop was sponsored by INAC after discussions, in June 2007, with the Review Board. Progress was made on developing a plan for monitoring and follow-up of mitigation measures.

INAC has worked with the members of the NWT Board Forum to complete three learning resources: Best Practices for Institutions of Public Governance; NWT Boards Training Needs Assessment and Key Considerations for the development of an Orientation Manual; and the General Orientation Binder for NWT Board Members. To share best practices, board chairpersons and executive directors representing various boards formed the Northern Boards Training Initiative Steering Committee and developed a proposal for submission to INAC. These ongoing and shared initiatives, in addition to new ideas, will improve the clarity and certainty for project proponents. They will better equip the NWT to develop resources in a sustainable and efficient way.

8.2 Economic Activity and Employment

Indian and Northern Affairs Canada

The following resources were provided to the Gwich'in bands and organizations in 2007-2008 to support the traditional economy and encourage employment:

Aklavik Band

  • $48,105 from the Community Economic Development Program (CEDP).
  • $5,800 from the Community Support Services Program (CSSP).

Nihtat Corporation

  • $39,414 for completion of economic development initiatives and activities under the CEDP.
  • $5,300 from the CSSP.

Rat River Development Corporation

  • $94,198 for completion of economic development initiatives and activities under the CEDP.
  • $5,700 from the CSSP.

Red River Incorporated Band Ltd

  • $45,576 for completion of economic development initiatives and activities under the CEDP.
  • $5,600 from the CSSP.

Gwich'in Tribal Council

  • $20,000 for economic opportunities.
  • $10,000 from the Community Economic Opportunities Program (CEOP).

Gwich'in Development Corporation

  • $75,000 from the CEOP.

Mackenzie Valley Aboriginal Pipeline Corporation

  • $405,916.75 to access commercial debt financing and raising equity in order to achieve up to a one-third ownership interest in the Mackenzie Valley Natural Gas Pipeline from the CEOP.
  • $20,500 to access legal and financial expertise to participate effectively in MGP from the CEOP.

Aboriginal Economic Development and Claims Implementation

The Strategic Investments in Northern Economic Development, a program funding authority administered through Aboriginal Economic Development, provided funds to claims associated organizations. The Mackenzie Aboriginal Corporation received a total of $152,338. A total of $45,000 was used to conduct a study on the economic benefits and impacts of an all-weather road from Wrigley to Tuktoyaktuk including the impacts of not building the road. A further $45,338 was provided for a scoping study, involving consultations and presentations to communities and governments, on the socio-economic benefits and impacts of an all-weather road from Wrigley to Tuktoyaktuk including installation of a fibre-optic communications cable.

As well, $62,000 was spent on compiling mapping, creating awareness of the Wrigley to Tuktoyaktuk all-weather road, and initiating community and contractor engagement.

Human Resources and Skills Development Canada

Aboriginal Skills and Employment Partnership Program

The GTC is one of four Aboriginal partners in the Aboriginal Futures Society, the Aboriginal Skills and Employment Partnership Program project. This project ended March 31, 2008. The project focus was on trades training related to the Mackenzie Gas Pipeline project. Training was provided in the skills required for trained workers for the northern oil and gas industry, such as welders, heavy equipment operators, motor vehicle mechanics, and medical emergency responders.

The GTC contributed $129,382 to this project from September 30, 2004 to March 31, 2008.

Training was provided in the skills required for trained workers for the northern oil and gas industry...

Public Works and Government Services Canada

Public Works and Government Services Canada continued to provide opportunities for Gwich'in firms by advertising procurements that it handles on behalf of federal departments and agencies on the government electronic tendering system, and by notifying the Gwich'in claimant group when those procurements involved deliveries of goods, services, and construction destined for the GSA. Assistance and information on the procurement process was provided as requested during the year.

8.3 Environmental Assessment and Wildlife Management

Environment Canada

In 2007-2008 a range of wildlife/fisheries/forestry research and monitoring projects were successfully completed and a number of progress and final reports were prepared. Gwich'in beneficiaries continued to be an integral element of the GRRB operations with several trainee positions being funded either throughout the year or during the summer months. The GRRB participated in a number of workshops and conferences.

Environment Canada's Canadian Wildlife Service

Settlement Area Harvest Study

The final report of the GRRB Harvest Study is complete and awaiting publication. The Canadian Wildlife Service (CWS) has provided input.

Establishment of Total Allowable Harvest for Migratory Game Birds

The CWS has a seat on the GRRB and advised the Board of all changes to migratory bird regulations that may impact the Gwich'in. The GRRB is aware that migratory birds are managed according to a well-defined set of regulations.

The setting of a total allowable harvest for migratory birds has not been discussed by the GRRB. The Harvest Study will provide data so that a total allowable harvest can be determined.

Management of Migratory Wildlife Species

The CWS sits on the Arctic Goose Working Group of the Arctic Goose Joint Venture (AGJV) which deals with the over-population of Snow Geese in the Arctic, especially in the Central Arctic. Gwich'in harvest Snow Geese from the Western Arctic population where the problem does not appear to be as severe. The GRRB, however, was kept informed about this issue. The AGJV is a cooperative Canada/USA body that coordinates goose management and research in both countries.

Management of Migratory Species Which Cross International Boundaries

The GRRB is routinely apprised of issues arising from international initiatives that may affect the Gwich'in.

The CWS is in the process of amending the Migratory Birds Regulations to allow for the 'incidental take' of migratory birds under permit. The GRRB has been made aware of this process.

Conduct of Wildlife Research or Harvesting Studies in the Settlement Area

In response to concerns raised by the Gwich'in about declining numbers of forest birds, the CWS has initiated forest bird monitoring in the GSA.

Formulation of Government Positions in Relation to International Agreements Respecting Wildlife or Wildlife Habitat

There have been no new developments during the reporting period.

Establishment and Operation of Protected Areas

There have been no new developments during the reporting period.

Mackenzie Valley Environmental Impact Review Board

The CWS is involved in the JRP process for the proposed Mackenzie Valley Gas Pipeline project. It conducted a thorough review of the Environmental Impact Study submitted by the MGP and initiated the preparation of submissions to the JRP in preparation for public hearings in 2006 and 2007. The CWS was an intervener at a number of JRP hearings later in 2006 and early 2007.

Resource Development in the Mackenzie Valley

Environment Canada / CWS participated in the environmental assessment of the MGP and participated in the final sessions of the JRP in early 2007.

Environment Canada / CWS sought and received approval from the GRRB for the listing of the Common Nighthawk and a re-classification of Peregrine Falcon under the federal SARA.

Department of Fisheries and Oceans

DFO provided funding of $17,500 to the GRRB towards the hiring of a technician, $5,000 towards the publication of a conservation calendar, and $10,000 towards a computer system upgrade.

DFO funded two meetings held by the Rat River Working Group which developed the present monitoring plan that is used to collect scientific information for the management of the Rat River Dolly Varden Char. DFO also contributed funding to the Rat River Dolly Varden Char monitoring program. Monitors for the program were hired from the communities of Aklavik and Fort McPherson through contracts with the respective RRC.

DFO also jointly funded and participated with the GRRB in a tagging project in Fish Creek which is the spawning and overwintering area for the Rat River Dolly Varden Char. DFO was involved in the Travaillant Lake study with the GRRB and also radio tagged fish in the Mackenzie River in order to find their spawning and overwintering areas.

In 2006, a detailed report of land use within the GSA was submitted to the GTC, which listed the Coast Guard's land use for the purpose of establishing and operating Marine Aids to Navigation.

Canadian Coast Guard

In accordance with the Implementation Plan project: "Establishment of navigational aids and safety devises along navigable waters," the Canadian Coast Guard (CCG) provided a pre-season summary of their planning operations and activities within the GSA for the 2007 navigation season to the GTC. This follows the protocol that was developed as a result of a 2005 consultation in Inuvik between the CCG and the Gwich'in Land Administration. In 2006, a detailed report of land use within the GSA was submitted to the GTC, which listed the Coast Guard's land use for the purpose of establishing and operating Marine Aids to Navigation. Changes in Coast Guard use of Gwich'in Lands are reported throughout the navigation season by staff in Hay River, with Gwich'in Land Administration acknowledging discontinued navigational aid sites and granting land use permits for those newly established. Summaries of the year's activities are exchanged at the end of the navigation season.

8.4 Land and Water Management

Indian and Northern Affairs Canada

Land Administration

Within the GSA there was no activity with respect to land administration of surface lands.

Land Use Planning

The Science Team provided information regarding benchmarks to the GLUPB to consider as they are revising the Land Use Plan. The PAS helped fund an ecological assessment of Ecoregion 50 (inner Mackenzie Delta) to assist the GLUPB in their revisions.

Northwest Territories Geoscience Office Activities

Bedrock and Geochemical Mapping Projects

The Northwest Territories Geoscience Office (NTGO) initiated a regional-scale, stream sediment and water geochemical sampling program in the Mackenzie Mountains. The data is of great value for guiding mineral exploration and land-use in mountainous terrains. Samples are collected using nationally accepted protocols to ensure the comparability of the data. Year-1 of the survey was completed within National Topographic System map sheets 106B and 106C.

In conjunction with NRCan, NTGO geologists are involved in assessing the hydrocarbon resource potential along the Mackenzie Valley using quantitative and qualitative techniques. Results from this study are invaluable for land use planning decisions, and also as tools to understand where economic accumulations of hydrocarbons may occur.

Metallogenic studies were carried out to investigate the nickel and copper potential of Tsezotene mafic sills and dykes and to characterize the Crest Iron deposit along the Yukon-NWT border.

Outreach and Education

The NTGO in collaboration with the Yukon Geological survey released a geological highway guide for the Dempster Highway, as well as a simplified geological roadmap for tourists and residents.

NT GoMap is the NTGO new online mapping tool that will enable users to discover, search, display, and download information from its large collection of GIS data and geosciencerelated publications. The information available includes mineral showings, exploration reports, petroleum industry reports, and digitally submitted data.

In conjunction with NRCan, NTGO geologists are involved in assessing the hydrocarbon resource potential along the Mackenzie Valley using quantitative and qualitative techniques.

It is an interactive web-based geology portal that can be used to create maps, change map projections, and query subsets of data determined by the user. The versatility of the tool, including the ability to query in a number of ways and degrees of user control, offers a range of options to clients interested in conducting research or exploration in the NWT.

Natural Resources Canada

NRCan's departmental responsibilities mandated to the Surveyor General under the GCLCA can be found in Chapter 18, specifically section 18.4 of the Agreement.

Implementation activities for NRCan, Canada Centre for Cadastral Management are complete.

8.5 Heritage Sites and Resources Parks Canada

Gwich'in involvement in the conservation and management of Gwich'in heritage resources is as follows:

  • A new plaque was cast for the Fort McPherson National Historic Site. The site's text was revised to reflect the important role of the Gwich'in in the fur trade. The text was developed by the Tetl'it Gwich'in Steering Committee, the GSCI, and Parks Canada staff. The text was approved by the Historic Sites and Monuments Board. Installation of the plaque is planned for the fall of 2008. A small community celebration is planned to commemorate the installation of the new plaque.
  • The Gwich'in were consulted in the formation of Government policy and legislation on Gwich'in heritage resources. Parks Canada submitted a final list of recommendations to the JRP for the MGP. The recommendations were related to protected areas and cumulative impacts to wildlife and wildlife habitats. One of the concerns identified through the process was the presence of a proposed gravel pit/borrow site beside the boundary of Nagwichoonjik National Historic Site. Since the initial recommendation was made, Parks Canada visited the site and determined that it was not possible to construct the pit so that it was not visible from the national historic site. It was also determined that the level of detail in the recommendation is more appropriately addressed during the regulatory phase. The department plans to work with the regulator and the proponent in the permitting stage to ensure the pit is constructed in a way that minimizes impacts to the commemorative integrity of the site.
  • Parks Canada works proactively and as needed with the GTC, local bands, and the GSCI on heritage projects, including consultation on policy and legislation that would affect Gwich'in interests. There is no established board for a formal working relationship and no defined procedure for establishing such a board.

The department plans to work with the regulator and the proponent in the permitting stage to ensure the pit is constructed in a way that minimizes impacts to the commemorative integrity of the site.

Goods and Services spending in 2007-08

Parks Canada provided goods and services funding for 2007-2008 in the amount of $49,428 with $12,310 allocated for goods and $37,118 allocated for services.

8.6 Taxation

Canada Revenue Agency

The Canada Revenue Agency (CRA) was assigned three implementation activities related to this Agreement:

  • Provide the Gwich'in with the name of a contact person in the Edmonton Tax Services Office who can answer questions, set up information sessions, and provide general information on settlement corporations.
  • Prepare an information document, if required, on settlement corporations.
  • Distribute the information document.

The CRA has provided the Gwich'in with a contact in the Edmonton Tax Services Office and a draft information document dealing with settlement corporations and related tax aspects of the Gwich'in Land Claim Agreement has been forwarded to the GTC. The CRA has received no inquiries relating to the Gwich'in Agreement.

8.7 Other Implementation Activities

Devolution

Devolution is a process of transferring administration and control of public lands and resources to the Territories, most of which are housed at INAC, as well as certain related functions of the National Energy Board and other federal departments. The transfer will include the administration, control, and management of land, water, mines, minerals, oil and gas and archaeological resources in the NWT.

Devolution is a process of transferring administration and control of public lands and resources to the Territories, most of which are housed at INAC, as well as certain related functions of the National Energy Board and other federal departments.

In 2001, leaders at the Intergovernmental Forum in Inuvik signed a Memorandum of Intent (MOI) on devolution. This MOI sets out the objectives, principles, and subject matters to guide discussions. Negotiations for an agreement-in-principle for devolution occurred between 2002 and 2005 among Chief Negotiators appointed by Aboriginal leaders represented by the Aboriginal Summit, the GNWT, and INAC. In March 2004, the Aboriginal Summit, signed a Devolution Framework Agreement setting out a process for reaching a final Devolution Agreement and including topics for negotiations and target dates.

In May 2007, the Inuvialuit Regional Corporation, GTC, Sahtu Secretariat Incorporated, Northwest Territory Métis Nation, and GNWT reached a draft Devolution agreement-in-principle and forwarded it to the INAC. This proposed agreement-in-principle was later used as the basis for further discussions.

A Devolution agreement-in-principle was not reached during 2007-2008.

Appendices

Appendix 1: Membership of Implementation Bodies

Arbitration Panel

  • Karen Snowshoe
  • Deborah Hanley
  • Richard Hill
  • Robert Kasting
  • David McCann
  • Anton Melnyk
  • James Posynick
  • Francis Price

Gwich'in Land Use Planning Board

  • Bob Simpson, Chair
  • Fanny Greenland
  • Ian McLeod
  • Charlie Snowshoe
  • Fred E. Koe

Gwich'in Land and Water Board

  • Paul Sullivan, Acting Chair
  • Gerry Kisoun, Member
  • Liz Wright, Member
  • Margaret Nazon, Member
  • Vacant, Member

Gwich'in Renewable Resources Board

  • Paul Sullivan, Acting Chair
  • Gerry Kisoun, Member
  • Liz Wright, Member
  • Margaret Nazon, Member
  • Vacant, Member
  • Elizabeth Hansen, Board Member
  • Johnnie Charlie, Alternate Board Member
  • Paul Latour, Board Member
  • Joel Ingram, Alternate Board Member
  • Daniel Topolniski, Board Member
  • George Low, Alternate Board Member
  • Barry Greenland, Alternate Board Member

Mackenzie Valley Environmental Impact Review Board

  • Richard Edjericon, Chairperson
  • Danny Bayha, Board Member
  • Darryl Bohnet, Board Member
  • Fred Koe, Board Member
  • Jerry Loomis, Board Member
  • John Ondrack, Board Member
  • Percy Hardisty, Board Member

Appendix 2: Map of Gwich'in Settlement Area

Map of Gwich'in Settlement Area

Note: This map of the Gwich'in Settlement Area can be downloaded at the Gwich'in Tribal Council Website

Text description of the Map of Gwich'in Settlement Area

The image illustrates the Gwich'in Settlement Area. More specifically, it portrays the Gwich'in Settlement Region including the Gwich'in Settlement Area, the Primary Use Area, and the Secondary Use Area. It also portrays Gwich'in Lands, including lands with Surface Rights, Subsurface Rights and both Surface and Subsurface Rights. The image also illustrates territorial borders, regional boundaries, the Dempster Highway, water features, community boundaries, special harvest areas and the Gwich'in Territorial Park.

Appendix 3: Schedule of Capital Transfer Payments, 1992-2008

The Government of Canada makes a capital transfer payment to the GTC on each anniversary of the date of the Agreement, in accordance with the schedule of payments set forth in Schedule I to Chapter 8. The GTC received its final capital transfer payment in April 2007.

Date Capital Transfers to the GTC ($)*
$ At effective date 2,000,000
December 23,1992 7,426,766
April 22, 1993 4,180,680
April 22, 1994 6,271,020
April 22, 1995 7,455,068
April 22, 1996 9,318,835
April 22, 1997 9,318,835
April 22, 1998 9,318,835
April 22, 1999 9,318,835
April 22, 2000 9,318,835
April 21, 2001 9,318,835
April 21, 2002 9,318,835
April 21, 2003 9,318,835
April 24, 2004 9,318,835
April 24, 2005 7,455,068
April 24, 2006 5,591,301
April 20, 2007 3,727,534
Total 127,976,952
*Net of negotiation loan repayments

Appendix 4: Implementation Payments, 1992-1993 to 2007-2008

The annual implementation funding amounts provided to the GTC, the GNWT, and institutions of public governance created pursuant to the Agreement represent the Government of Canada's total contribution to assist each body to fulfill its obligations pursuant to the Agreement, Implementation Plan and related Act(s) of Parliament. The annual funding levels are identified in the Implementation Plan.

Fiscal Year Implementation Payments ($)
1992-1993 559,151
1993-1994 1,070,634
Wildlife Studies Fund 2,030,000
1994-1995 1,833,735
1995-1996 1,886,760
1996-1997 2,987,444
1997-1998 3,174,342
1998-1999 3,197,097
1999-2000 3,310,619
2000-2001 3,501,345
2001-2002 4,050,396
2002-2003 5,119,517
2003-2004 5,241,259
2004-2005 5,178,471
2005-2006 6,626,363
2006-2007 8,481,619
2007-2008 6,637,890
Total 64,886,642

Appendix 5: Resource Royalties, 1992-2007

Payments with respect to resource royalties received by the Government of Canada are made to the GTC on a quarterly basis, pursuant to Chapter 9 of the Agreement.

Fiscal Year Resource Royalties Paid to GTC ($)
1992 188,060
1993 363,413
1994 197,009
1995 204,345
1996 267,719
1997 244,261
1998 211,264
1999 231,949
2000 343,224
2001 499,505
2002 664,127
2003 1,172,848
2004 1,309,218
2005 901,305
2006 768,700
2007 1,281,362
Total 8,848,309
Note: Amounts include amendments done throughout the year.

Appendix 6: Gwich 'in Property Taxes Reimbursed to the Government of the Northwest Territories, 1994-2007

Gwich'in Property Taxes Reimbursed to the Government of the Northwest Territories, 1994-2007

Fiscal Year Amount ($)
1994 4,306
1995 4,348
1996 4,571
1997 4,571
1998 4,752
1999 4,734
2000 6,411
2001 6,411
2002 6,334
2003 7,222
2004 5,901
2005 5,901
2006 6,062
2007 5,822
Total 77,346

Appendix 7: Website Addresses

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