INUVIALUIT FINAL AGREEMENT

BETWEEN:

The Committee for Original Peoples' Entitlement(hereinafter referred to as "COPE"). representing the Inuvialuit of the Inuvialuit Settlement Region

AND:

The Government of Canada (hereinafter referred to as "Canada"), represented by the Minister of Indian Affairs and Northern Development

WHEREAS the Inuvialuit claim an interest in certain lands in the Northwest Territories and the Yukon Territory based on traditional use and occupancy of those lands and seek a land rights settlement in respect thereof:

DEFINITIONS

2. In this Agreement.

"Arbitration Board" means the body established by subsection 18(2);

"bank means, when used to describe a boundary, the ordinary or mean low water mark;

"Canada means the Government of Canada:

"conservation" means the management of the wildlife populations and habitat to ensure the maintenance of the quality, including the long term optimum productivity. of these resources and to ensure the efficient utilization of the available harvest:

CITIZENS' RIGHTS AND PROGRAMS

4. (1) Nothing contained in this Agreement prejudices the rights of the Inuvialuit as Canadian citizens. and they shall continue to be entitled to ail of the rights and benefits of other citizens under any legislation applicable to them from time to time.

4. (2) Existing and new programs and funding by governments, and the obligations generally of governments. shall continue to apply to the Inuvialuit on the same basis as to the other Inuit of Canada, subject to the criteria established from time to time for the application of such programs.

ELIGIBILITY AND ENROLMENT

5. (1) The Inuvialuit are best able to determine who should be eligible under the Inuvialuit Land Rights Settlement, but there should also be objective criteria by which an individual may have determined the right to be a beneficiary.

5. (2) A person shall be eligible to be enrolled as a beneficiary if. as of the date of the Settlement Legislation, that person is a living Canadian citizen and:

(a) is on the Official Voters List used for approving this Agreement: or 

Total Land Settlement and Adjustment

7. (5) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted a total of 35.000 square miles of land, plus or minus a margin of error of 1 %. If the final ground survey shows a square mileage in excess of 35,350,. the Inuvialuit Regional Corporation shall promptly reconvey to Canada an area of (1)(b) land equal to the excess. If the final ground survey shows a square mileage less than 34.650, Canada shall promptly convey to the Inuvialuit Regional Corporation an area of (1)(b) and equal to the deficiency.

General Access to and Across Inuvialuit Lands

7. (13) Canada reserves a right of access on Inuvialuit lands to the extent of 100 feet of land in width measured from the edge of the water of the sea coast and navigable rivers and navigable lakes that can be entered from such rivers. The right is limited to the use of rivers, lakes, water bodies, sea coast and inlets for travel, recreation or emergency, and does not' permit any person using it to engage in any development activity or to harvest wildlife.

7. (14) Public access to unoccupied Inuvialuit lands for purposes of entry or crossing shall be available as follows: 

Sand and Gravel

7. (27) With respect to sand and gravel on Inuvialuit lands, as a first priority the Inuvialuit shall reserve supplies of sand and gravel of appropriate quality and within reasonable transport distances on Inuvialuit lands in order to meet public community needs in the Western Arctic Region and in Inuvik. based on reasonable 20 year forecasts of the volumes required from Inuvialuit lands.

Expropriation

7. (50) No Inuvialuit lands may be expropriated except by order of the Governor in Council.

7. (51) Canada recognizes the desire of the Inuvialuit to retain their lands and therefore agrees that any expropriation shall provide suitable alternative lands in the Western Arctic Region, considered to be satisfactory by the Inuvialuit. in place of the expropriated lands if it is reasonably possible to so provide.

Municipal Requirements for Land

7. (61) Where any government or municipality, including any settlement, hamlet, or town. demonstrates a need, arising out of the provision of government services. for Inuvialuit lands within the area of or adjacent to the municipal jurisdiction to meet public convenience and necessity, and such lands cannot reasonably be obtained from other sources, the Inuvialuit Land Administration. on receipt of notice of the extent and location of the lands so required, undertakes to negotiate in good faith the terms and conditions, including nominal rent.

Public Road Right of Way

7. (64) For the purposes of appropriating lands for a public road right of way. the following procedures apply: 

(a) the Government shall consult with the Inuvialuit Land Administration (ILA) on all matters of interest or concern to the Inuvialuit concerning road development before approval is given by the Government to any road project; 

De Salis Bay Land Selection

7. (65) The Inuvialuit undertake that their land title to the area adjacent to De Salis Bay. as shown in Annex J-6. shall not impede development in that area.

7. (66) The Government shall determine whether any development can be provided for by way of Participation Agreements under section 10 or whether conveyance of title by the Inuvialuit is necessary.

Nelson Head Canadian Landmark

7. (77) It is acknowledged that the Minister of the Environment is interested in establishing a federally owned Canadian Landmark at the southern end of Banks Island. The approximate boundaries proposed, as shown in Annex J-7. encompass an area of approximately 70 square miles and include the sea cliffs at Nelson Head and Cape Lambton. Durham Heights at 2.450 feet elevation and approximately 25 miles of seacoast. The Inuvialuit shall be granted (l)(b) title to this area pursuant to this Agreement.

Land Use Planning

7. (82) It is agreed that. for the purpose of coordinating land use planning for the Beaufort Sea Region, there shall be area-specific groups dealing only with the Inuvialuit Settlement Region and that native participation, including Inuvialuit participation, in each such group shall be equal to government participation. Where a Land Use Planning Commission or similar body is established for the Yukon Territory and the Northwest Territories, the area-specific groups shall be a part thereof.

Administration of Existing Rights

7. (93) Subject to the provisions of this Agreement. with respect to Inuvialuit lands selected pursuant to paragraph (1)(a), any holder of valid oil and gas. coal. mineral and quarrying rights referred to in Annex P. and with respect to Inuvialuit lands selected pursuant to paragraph (1)(b), any holder of valid quarrying rights issued before December 31. 1983. shall be entitled to enjoy such rights without alteration or interruption until their termination. For greater certainty the reference • in this subsection to "right" includes renewal.