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;

AND WHEREAS COPE and Canada have entered into negotiations directed towards a Final Agreement to provide rights, benefits and compensation in exchange for the interest of the Inuvialuit in the Northwest Territories and Yukon Territory, as contemplated by the Federal Government policy statement of August 8. 1973;

AND WHEREAS it is understood and agreed that this Agreement will be subject to legislative approval of the Parliament of Canada, under which legislation that interest will cease to exist;

AND WHEREAS the parties have earlier reached an agreement on the principles to be applied in reaching this Agreement, which principles are reflected in the Agreement in Principle signed on October 31, 1978;

AND WHEREAS the Governments of the Northwest Territories and Yukon Territory have been consulted and have participated in discussions concerning matters affecting them and over which they have jurisdiction;

AND WHEREAS COPE declares that it has been authorized by the Inuvialuit. after the approval process, to sign this Agreement.

AND WHEREAS Canada has authorized the Minister of Indian Affairs and Northern Development to sign this Agreement;

NOW. THEREFORE, COPE AND CANADA AGREE AS FOLLOWS:

PRINCIPLES
1. The basic goals expressed by the Inuvialuit and recognized by Canada in concluding this Agreement are: 

(a) to preserve Inuvialuit cultural identity and values within a changing northern society; 

(b) to enable Inuvialuit to be equal and meaningful participants in the northern and national economy and society; and

(c) to protect and preserve the Arctic wildlife, environment and biological productivity.

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;

"COPE" means the Committee for Original Peoples' Entitlement, a society incorporated under the Societies Ordinance of the Northwest Territories;

"developer" means a person, the government or any other legal entity owning, operating or causing to be operated any development in whole or in part in the Inuvialuit Settlement Region, and includes any cocontractant of such owner or operator. For greater certainty, "developer" includes any Inuvialuit developer;

"development" means: 

(a) any commercial or industrial undertaking or venture, including support and transportation facilities relating to the extraction of non-renewable resources from the Beaufort Sea, other than commercial wildlife harvesting; or

(b) any government project, undertaking or construction whether federal, territorial, provincial, municipal, local or by any Crown agency or corporation, except government projects within the limits of communities not directly affecting wildlife resources outside those limits and except government wildlife enhancement projects;

"exclusive right to harvest" means the sole right to harvest the wildlife referred to in paragraphs 12(24)(b) and (c) and 14(6)(b) to (d), to be allocated the total allowable harvest and to permit non-lnuvialuit to harvest any such wildlife;

"fish" includes shellfish, crustaceans and marine animals and the eggs. spawn, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"furbearers" means all species of game that are or may be harvested by trapping and. for greater certainly but without limiting the generality of the foregoing, includes: Castor including beaver; Alopex including white fox, arctic fox; Lutra including otter; Lynx including lynx; Martes including martens and fishers; Mephitis including skunk; Mustela including ermine, weasel, least weasel and mink; Ondatra including muskrat; Tamiasciurus including red squirrel; Vulpes including red. cross, black and silver fox; Gulo including wolverine; Canis including wolves and coyotes; Marmota including marmots; Lepus including hares; Spermophilus including ground squirrels; but does not include members of the genus Ursus including black and grizzly bears;

"game" means wildlife other than fish, migratory non-game birds and migratory insectivorous birds;

"General Hunting Licence" means a General Hunting Licence issued pursuant to the Territorial Game Ordinance, R.O.N.W.T. 1974, c.G-1, as set forth in no. 1 of column I and nos. 1(a), 1(b), 1(c) and 1(d) of column II in Schedule A of that Ordinance in respect of the 1975-1976, 1976-1977 and 1977-1978 licence years;

"Government" means the Government of Canada;

"Inuvialuit means those people known as Inuvialuit, Inuit or Eskimo who are beneficiaries under this Agreement by reason of the settlement of their claim to traditional use and occupancy of the land in the Inuvialuit Settlement Region and who are represented by COPE and, where the context requires, includes the Inuvialuit Regional Corporation, the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Inuvialuit community corporations and any other corporations or trusts controlled by the Inuvialuit that may be established by or pursuant to this Agreement;

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 2004-337, March 30, 2004

"Inuvialuit community" means any of the communities of Aklavik, Holman, Inuvik, Paulatuk, Sachs Harbour or Tuktoyaktuk;

"Inuvialuit corporations'* means the Inuvialuit Land Corporation. the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Inuvialuit Regional Corporation, the Inuvialuit community corporation, and any other corporation controlled by the Inuvialuit established by or pursuant to this Agreement;

As amended by P.C. 2004-337, March 30, 2004

"Inuvialuit lands" means all lands to be provided to the Inuvialuit by or pursuant to this Agreement;

"Inuvialuit Land Rights Settlement" or "Settlement" means the process through which the Inuvialuit claim based on traditional use and occupancy of certain lands in the Northwest Territories and the Yukon Territory has been settled and includes the Agreement in Principle, this Agreement, the Settlement Legislation and all negotiations in connection therewith;

"Inuvialuit Nunangat" means the document entitled "The Proposal for an Agreement in Principle to achieve the Settlement of Inuvialuit Land Rights in the Western Arctic Region of the Northwest Territories and Yukon Territory Between the Government of Canada and The Committee for Original Peoples' Entitlement", dated May 13, 1977;

"Inuvialuit Settlement Region" means that portion of the Northwest Territories, Yukon Territory and adjacent offshore area shown in Annex A and described in Annex A-1;

"Inuvialuk" means an individual member of the Inuvialuit;

"migratory game birds", "migratory insectivorous birds" and "migratory non-game birds" have the meanings assigned to them by section 3 of the Migratory Birds Convention Act, R.S.C. 1970, c. M-12;

"Minister" means the Minister of Indian Affairs and Northem Development;

"navigable" means, with respect to a river, lake or other body of water, capable of navigation in its natural state and ordinary volume by boats or other water craft used for public or commercial purposes in the Inuvialuit Settlement Region;

"preferential right to harvest", with respect to the Inuvialuit includes the right to harvest wildlife for subsistence usage and to be allocated, subject to conservation, quantities of wildlife sufficient to fulfil Inuvialuit requirements for subsistence usage before there is any allocation for other purposes in areas where the Inuvialuit will have harvesting rights;

"Review Board" means the Environmental Impact Review Board established by subsection 11(22);

"Screening Committee" means the Environmental Impact Screening Committee established by subsection 11(5);

"Settlement Legislation" means the legislation to be proposed to the Parliament of Canada approving, giving effect to and declaring valid the provisions of this Agreement;

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

"subsistence usage" means:

(a) with respect to wildlife other than migratory game birds, migratory non-game birds and migratory insectivorous birds, subject to international conventions, the taking of wildlife by Inuvialuit for their personal use for food and clothing and includes the taking of wildlife for the purpose of trade, barter and, subject to section 12, sale among Inuvialuit and trade, barter and sale to any person of the non-edible by-products of wildlife that are incidental to the taking of wildlife by Inuvialuit for their personal use; and

(b) with respect to migratory game birds, migratory non-game birds and migratory insectivorous birds, subject to the Migratory Birds Convention Act, the taking of such birds by Inuvialuit for their personal use for food and clothing, and includes the taking of such birds for the purpose of trade and barter among the Inuvialuit and trade, barter and sale to any person of the non-edible parts of such birds to the extent permitted under regulations made pursuant to Migratory Birds Convention Act;

"Western Arctic Region" means that portion of the Inuvialuit Settlement Region other than the Yukon Territory;

"wildlife" means all fauna in a wild state other than reindeer.

3. (1) Canada shall recommend to Parliament that this Agreement be approved, given effect and declared valid by suitable legislation.

3. (2) For greater certainty, it is the intention of the parties that this Agreement be a land claims agreement within the meaning of subsection 35(3) of the Constitution Act, 1982.

3. (3) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall provide that, where there is inconsistency or conflict between either the Settlement Legislation or this Agreement and the provisions of any other federal, territorial, provincial or municipal law, or any by-law or regulation, the Settlement Legislation or this Agreement shall prevail to the extent of the inconsistency or conflict.

3. (4) Subject to the Settlement Legislation and in consideration of the rights and benefits in favour of the Inuvialuit set forth in this Agreement, the Inuvialuit cede, release, surrender and convey all their aboriginal claims, rights, title and interests, whatever they may be, in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada.

3. (5) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall extinguish all aboriginal claims, rights, title and interests whatever they may be of all Inuvialuit in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada.

3. (6) Nothing in this Agreement or in the Settlement Legislation shall remove from the Inuvialuit their identity as an aboriginal people of Canada nor prejudice their ability to participate in or benefit from any future constitutional rights for aboriginal people that may be applicable to them.

3. (7) The Settlement of the Inuvialuit land rights claim is without prejudice to: 

(a) the aboriginal rights of any other native peoples based on traditional use and occupancy of lands; and 

(b) their negotiation of a land claims settlement in respect thereof.

3. (8) Any rights and benefits extended in the Inuvialuit Settlement Region to other native peoples on the basis of traditional use and occupancy in accordance with the policy of Canada as stated in its Land Claims Settlement Policy of 1981 shall not prejudice the Inuvialuit with respect to any rights they receive under this Agreement and the Settlement Legislation.

3. (9) Nothing in this Agreement constitutes an admission by Canada or the Inuvialuit that any other native peoples have a demonstrated traditional use and occupancy within the Inuvialuit Settlement Region.

3. (10) The Inuvialuit may from time to time enter into agreements, such as that shown in Annex S. with organizations representing neighbouring native groups to resolve mutual or overlapping interests or to share rights, privileges and benefits. Such agreements may be amended from time to time with the consent of the signatories. For greater certainty, the agreement shown in Annex S is included for the purpose of information only and does not form part of this Agreement.

3. (11) The Settlement Legislation shall provide that Canada recognizes and gives, grants and provides to the Inuvialuit the rights, privileges and benefits specified in this Agreement in consideration of the cession, release, surrender and conveyance referred to in subsection (4).

3. (12) Subject to the provisions of this Agreement and the Settlement Legislation, the governments of the Northwest Territories and Yukon Territory will continue to have the jurisdiction they have had with respect to game management and may continue to pass legislation with respect to game management that is not inconsistent with this Agreement and the Settlement Legislation.

3. (13) The provisions of this Agreement may be amended with the consent of Canada as represented by the Governor in Council and the Inuvialuit as represented by the Inuvialuit Regional Corporation.

As amended by Document number 332-4/43B, May 11, 1987

3. (14) As authority for the execution by the Inuvialuit of any amending agreement or instrument, Canada shall be entitled to rely on the certified extract of a resolution of the Board of Directors of the Inuvialuit Regional Corporation, supported by a members' resolution certified to meet the requirements of subsection (l5).

As amended by P.C. 1987-26, January 15, 1987 and P.C. 2004-337, March 30, 2004

3. (I5) A members' resolution authorizing agreement by the Inuvialuit Regional Corporation to an amendment of this Agreement must be supported by a majority of members representing communities constituting at least fifty per cent of the Inuvialuit population resident in the Inuvialuit communities.

As amended by P.C. 1987-26, January 15, 1987

3. (16) Where any amendment to this Agreement requires consequential legislation to achieve its effect, Canada agrees to take all reasonable steps to put in place suitable legislation forthwith.

As amended by Document number 332-4/43B, May 11, 1987

3. (17) Where any amendment of this Agreement has application to the governments of the Northwest Territories and Yukon Territor,. Canada shall consult with those governments before agreeing to any such amendment.

4. (1) Nothing contained in this Agreement prejudices the rights of the Inuvialuit as Canadian citizens, and they shall continue to be entitled to all 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.

4. (3) Canada agrees that where restructuring of the public institutions of government is considered for the Western Arctic Region, the Inuvialuit shall not be treated less favourably than any other native groups or native people with respect to the governmental powers and authority conferred on them.

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.

As amended by P.C. 1988-1644, August 11, 1088

5. (2) A person shall be eligible to be enrolled as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if, as of the date of the Settlement Legislation (July 25, 1984), that person is a living Canadian citizen and:

As amended by P.C. 1988-1644, August 11, 1988

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

As amended by P.C. 1988-1644, August 11, 1988

(b) is considered to be of Inuvialuit ancestry or is considered by reason of Inuvialuit custom or tradition to be Inuvialuit and is accepted in either case as a member of an Inuvialuit Community Corporation; or 

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 1988-1644, August 11, 1988

(c) produces evidence satisfactory to the Enrolment Authority referred to in subsection (5), or its successor established by the Inuvialuit, that he has one-quarter or more Inuvialuit blood and, 

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 1988-1644, August 11, 1988

(i) was born in the Inuvialuit Settlement Region or Inuvik, or 

(ii) has been a resident of the Inuvialuit Settlement Region or Inuvik for a total of at least ten years, or

(iii) if under ten years of age, is ordinarily resident in the Inuvialuit Settlement Region or Inuvik; or 

(d) is an adopted child, under the laws of any jurisdiction or according to Inuvialuit custom, of a person who qualifies under paragraph (a), (b). or (c).

As amended by P.C. 1988-1644, August 11, 1988

5. (3) A person shall be eligible to enroll as a beneficiary and, accordingly, to have his name placed on the Official Eligibility List as amended from time to time if that person is a Canadian citizen and is a descendant, as determined from time to time by the appropriate community corporation or the IRC, as the case may be, of a person eligible for enrolment under paragraph (2)(a), (b), (c), or (d).

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 1988-1644, August 11, 1988

5. (4) An Enrolment Committee shall be established in each Inuvialuit community for the purpose of preparing initial lists of all members of the community whom it believes qualify under the initial eligibility critera, and it shall forward such lists to the Enrolment Authority referred to in subsection (5) together with validating documentation and information. 

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 1988-1644, August 11, 1988

5. (5) An Enrolment Authority, comprising two (2) representatives of COPE and one (1) representative of the Government, shall be responsible for the initial enrolment process according to the requirements and standards that the Authority establishes.  It shall prepare and publish the initial Official Eligibility List and the initial Official Enrolment LIst; after doing so, its mandate will expire and it shall forthwith forward all its records to its successor established by the Inuvialuit. 

As amended by P.C. 1988-1644, August 11, 1988 and by P.C. 2004-337, March 30, 2004

5. (6) Any person eligible to enrol pursuant to subsection (2), (3) or (7) shall have the right to enrol at any time after attaining the age of eighteen (18) years.  Such choice shall be exercised by signature of a document in form prescribed by the Enrolment Authority or its successor established by the Inuvialuit, and such name shall be placed on the Official Enrolment List, as amended from time to time.

As amended by P.C. 1988-1644, August 11, 1988

5. (7) The Inuvialuit shall determine the eligibility and enrolment of future beneficiaries, those born after July 25, 1984.

As amended by P.C. 1988-1644, August 11, 1988

5. (8) Any person who has been denied eligibility or enrolment as a beneficiary may appeal the denial to the Arbitration board pursuant to section 18.

As amended by P.C. 1988-1644, August 11, 1988

5. (9) Canada shall pay the expenses incurred for the initial enrolment of beneficiaries.

As amended by P.C. 1988-1644, August 11, 1988

5. (10) Native persons may be enrolled in only one Canadianland claims settlement for which they qualify. Persons who qualify to be enrolled in more than one settlement may choose the one in which they shall be enrolled. Persons who choose to be enrolled in the Inuvialuit Settlement may, within ten years after enrolment. at their option, choose to relinquish their entitlement under the Inuvialuit Settlement in favour of enrolment in another settlement for which they qualify. On notice in writing by the person so opting or on notification and verification by the appropriate enrolling authority of another native settlement that the person so opting has applied and been enrolled in that other settlement, the person's entitlement under this Settlement shall cease.

As amended by P.C. 1988-1644, August 11, 1988 and by P.C. 2004-337, March 30, 2004

5. (11) The Inuvialuit hereby offer to enroll in the Inuvialuit Settlement any native person of an aboriginal group proximate to the Inuvialuit Settlement Region who, at the time this Agreement is executed, is otherwise ineligible but is residing in or proximate to the Inuvialuit Settlement Region with their legally married husband or wife who is an eligible Inuvialuk.

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 1988-1644, August 11, 1988

5. (12) The offer under subsection (11) may be acted on for a period of ten (10) years after the date of execution of this Agreement.

As amended by P.C. 1988-1644, August 11, 1988

5. (13) Subject to paragraph (2)(d). the offer under subsection (11) does not extend to other non-Inuvialuit relatives, present or future, of any native person.

As amended by P.C. 1988-1644, August 11, 1988

6. (1) The following bodies shall be responsible for the management of the compensation and benefits received by the Inuvialuit pursuant to this Agreement: 

(a) The Inuvialuit Regional Corporation, a corporation without share capital, to generally represent the Inuvialuit and their rights and benefits, to receive initially the Settlement lands and financial compensation, for transfer, in respect of lands, to the Inuvialuit Land Corporation and, in respect of financial compensation, to the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation and the Inuvialuit Petroleum Corporation, in such amounts as the Inuvialuit Regional Corporation may determine; also to administer the Inuvialuit lands through its division, the Inuvialuit Land Administration, and to take responsibility for matters related to the supervision, management and administration of such lands, and to hold 100% of all voting shares in each of the Inuvialuit Development Corporation, Inuvialuit Investment Corporation, Inuvialuit Land Corporation, and Inuvialuit Petroleum Corporation which receives financial compensation (subsection 15(2) capital transfer payments). 

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 2004-337, March 30, 2004

(b) One Inuvialuit community corporation, without share capital, for each community, together to control the Inuvialuit Regional Corporation; 

As amended by P.C. 1987-26, January 15, 1987

(c) the Inuvialuit Land Corporation, a corporation to own the lands received in the Settlement; 

As amended by P.C. 1987-26, January 15, 1987

(d) the Inuvialuit Development Corporation, a corporation to receive a portion of the financial compensation and to carry on business either directly or through ownership of shares in, or participation in ventures with, other businesses; 

As amended by P.C. 1987-26, January 15, 1987

(e) the Inuvialuit Investment Corporation, a corporation to receive a portion of the financial compensation and to invest in portfolio securities of whatsoever nature; and 

As amended by P.C. 1987-26, January 15, 1987

(f) the Inuvialuit Trust, of which the capital and income beneficiaries would be the Inuvialuit Regional Corporation and the eligible individual Inuvialuit beneficiaries holding trust unit certificates, to acquire by settlement from Inuvialuit Regional Corporation, 100% of the non-voting shares of Inuvialuit Land Corporation, Inuvialuit Development Corporation, Inuvialuit Investment Corporation and Inuvialuit Petroleum Corporation acquired by Inuvialuit Regional Corporation on the transfer of land and financial compensation pursuant to subsection 6(1)(a).

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 2004-337, March 30, 2004

6. (2) Subject to subsection (1), the internal structures and the powers and responsibilities of the bodies described in that subsection shall be determined by the Inuvialuit.

6. (3) The rule against perpetuities shall not apply to the Inuvialuit Trust.

6. (4) The following principles shall apply to the bodies described in subsection (1): 

(a) the Inuvialuit enrolled in the Inuvialuit Land Rights Settlement shall share equally in the benefits received by the various Inuvialuit corporations and distributed through the Inuvialuit Trust; therefore, each eligible Inuvialuk, upon attaining eighteen (18) years of age, shall be entitled to enrol as a beneficiary and, upon enrolment, to receive a life interest only in the same number of trust units, which units shall be non-transferable, in the Inuvialuit Trust. Any profits derived from any development of Inuvialuit lands and distributed through the Inuvialuit Trust shall be shared equally by all enrolled Inuvialuit, but each community corporation shall have control over any development activity approved by the Inuvialuit Land Administration or the Inuvialuit Regional Corporation in respect of the block of land slected near that community pursuant to paragraph 7(1)(a);

As amended by P.C. 1987-26, January 15, 1987 and P.C. 1988-1644, August 11, 1988

 (b) no tax shall be levied by federal, territorial, provincial or municipal governments in respect of any transactions occurring from time to time whereby shares or interests are allotted and issued by the Inuvialuit corporations in respect of receipt of financial compensation (section 15(2) capital transfer payments) and whereby such shares or interests are received by any of the Inuvialuit who became enrolled under the Settlement from time to time, whether they are received directly from any of the Inuvialuit corporations or by a trustee acting on behalf of such Inuvialuit;

As amended by P.C. 2004-337, March 30, 2004

(c) control of the Inuvialuit corporations shall be vested in the Inuvialuit beneficiaries through the Inuvialuit Regional Corporation and their community corporations. Control of each community corporation shall be vested in the Inuvialuit resident in that community;

(d) restrictions shall be placed by the Inuvialuit Regional Corporation from time to time on any financial distributions from the Inuvialuit corporations to encourage the preservation of the financial compensation for the benefit of future generations of Inuvialuit.

Repealed and replaced by P.C. 1988-1644, August 11, 1988

6. (5) The financial compensation received by the Inuvialuit Regional Corporation on behalf of the Inuvlaluit pursuant to subsection 15(2) shall, when transferred to the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, and the Inuvialuit Petroleum Corporation as received from time to time by each corporation, be added to the stated capital accounts maintained for the class or classes of shares settled on the Inuvialuit Trust and Inuvialuit Regional Corporation, and shall constitute paid-up capital in respect of such class or classes of shares of the corporations for purposes of the Income Tax Act; and the adjusted cost base to the Inuvialuit Regional Corporation of such shares shall be equal to such paid up capital.

As amended by P.C. 2004-337, March 30, 2004

6. (6) The Inuvialuit Investment Corporation, the Inuvialuit Development Corporation and the Inuvialuit Land Corporation shall be deemed to be Canadian Controlled Private Corporations within the meaning of the Income Tax Act of Canada.

As amended by P.C. 2004-337, March 30, 2004

7. (1) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted title to: 

(a)(i) 4.200 square miles of lands, more or less. in fee simple absolute (which for greater certainty includes all minerals whether solid, liquid or gaseous and all granular materials) selected in the Western Arctic Region in blocks of 700 square miles more or less near each of the six communities, subject to subsurface alienations listed in Annex P and existing surface rights for limited terms listed in Annexes Q and R, being those lands referred to in subsection 9(3), 

(ii) A single block of 800 square miles, more or less, of land in fee simple absolute (which for greater certainty includes ail minerals whether solid, liquid or gaseous and all granular materials) in Cape Bathurst, being those lands referred to in subsection 9(4) where, subject to subsection 8(5), any alienations shall be terminated by Canada, and the present moratorium on exploration and development shall continue until the time of conveyance; and

(b) 30,000 square miles, more or less, of lands in fee simple absolute, (less oil, gas, related hydrocarbons, coal, native sulphur and minerals as defined in Annex M), being those lands referred to in subsection 9(5) subject to alienations for limited terms listed in Annexes Q and R, and without prejudice to the holders of valid subsisting rights granted pursuant to the Territorial Lands Act or regulations made thereunder and other appropriate legislation. For greater certainty, a reference in this paragraph to "right" includes renewal, whether it takes place before or after July 13, 1978.

7. (2) The Inuvialuit shall, by virtue of the Settlement Legislation, be granted title In fee simple absolute to the beds of all lakes, rivers, and other water bodies found in Inuvialuit lands.

7. (3) For greater certainty, the Crown shall retain ownership to all waters in the Inuvialuit Settlement Region.

7. (4) Title to Inuvialuit lands shall be subject to easements, servitudes, and rights-of-way listed in Annex R.

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 or Inuvialuit Land Corporation shall promptly reconvey to Canada an area of paragraph (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 or Inuvialuit Land Corporation an area of paragraph (1)(b) land equal to the deficiency. These adjustments shall be made utilizing land located in the Wynniatt Region adjustment area shown in Annex K-6.

As amended by P.C. 1987-26, January 15, 1987

7. (6) Legal descriptions for paragraphs (1)(a) and (1)(b) lands, being those referred to in Annexes F-l, F-2, G-1, G-2, H-1, H-6, I-1, I-5, J-1, J-5, K-1 and K-5, have been accepted by the parties. The legal descriptions may be modified by mutual consent of the parties to ensure that the descriptions accord with the results of the ground survey.  The Registrar of Land Titles shall issue a certificate of title, or such certificates of title as the Registrar deems administratively appropriate, upon application by the Inuvialuit Land Corporation.

As amended by P.C. 2004-337, March 30, 2004

7. (7) Canada shall, at its expense, undertake to complete the necessary ground surveys if and as needed as quickly as possible following the execution of this Agreement.

7. (8) In any ground surveys, all parallels of latitude identified in the land descriptions of selections under this Agreement are to be determined in such a manner that they are parallel with boundaries of grid areas as defined by the Canada Oil and Gas Land Regulations.

7. (9) Canada shall, to the extent legally possible, make available to the Inuvialuit Land Administration records regarding resources information related to substances owned by the Inuvialuit pursuant to paragraphs (1)(a) and (1)(b). For greater certainty, this subsection applies to lands where there are existing alienations referred to in Annexes P, Q and R.

7. (10) If Canada is exploring for or producing resources to which it retains title in a given area and the Inuvialuit are not exploring for or producing resources to which they have title in that area, the Inuvialuit shall renounce and release Canada from any and all claims, suits or demands far alleged damage or loss arising from disturbance of their resources.

7. (11) If the Inuvialuit are exploring for or producing resources to which they retain title in a given area and Canada is not exploring for or producing resources to which it has title in that area, Canada shall renounce and release the Inuvialuit from any and all claims, suits or demands for alleged damage or loss arising from disturbance of its resources.

7. (12) If. from time to time, both Canada and the Inuvialuit are exploring for or producing their respective resources, they shall make every effort to respect each other's interests. If a conflict arises, they shall use their best efforts, during a period of ninety (90) days from notice of commencement given by either parry to the other, to negotiate a work program protecting their respective interests. In the event of failure to conclude a mutually acceptable work program within this period, either party may refer the issue to the Arbitration Board pursuant to section 18.

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: 

(a) the public may enter and stay on Inuvialuit lands without prior notice for a limited time for emergency purposes; 

(b) the public may cross Inuvialuit lands without prior notice to exercise a right on adjacent lands; and 

(c) the public may enter on Inuvialuit lands for recreation, and prior notice and permission is required only for recreational use that is more than casual and individual in nature.

7. (15) The rights of public access set out in subsection (14) are subject to the following conditions: 

(a) there be no significant damage to the lands; 

(b) there be no abuse or extension of the right. 

(c) there be no mischief committed on the lands, and 

(d) there be no significant interference with Inuvialuit use of and peaceable enjoyment of the lands.

7. (16) Agents or employees of governments shall have the right to enter on and cross Inuvialuit lands for legitimate government purposes relating to the management of their programs or enforcement of their laws, and such access, where applicable, shall be in accordance with appropriate laws or approved procedures.

7. (17) Without restricting the generality of subsection (16) and without limiting the authority to enter on lands given to the Department of National Defence by the National Defence Act, access to Inuvialuit lands for military exercises conducted by the Department of National Defence shall take place on the conclusion of arrangements with the Inuvialuit relating to contact persons, areas, timing and appropriate compensation. Agreement by the Inuvialuit shall not be unreasonably withheld.

7. (18) Private access of a commercial nature to Inuvialuit lands shall be available as follows: 

(a) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would be of a casual nature relating to investigative and preliminary work on those lands; subject to the same conditions as set out in subsection (15); 

As amended by P.C. 1987-26, January 15, 1984

(b) access by commercial interests in order to reach non-inuvialuit lands to exercise rights where the access would be significant, but temporary; subject to a right of way agreement being negotiated with the Inuvialuit that would provide for 

(i) a location least harmful to the Inuvialuit and suitable to the commercial interest, and 

(ii) matters relating to damage, mitigation, restoration and loss of use; 

(c) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would require a permanent right of way, subject to Participation Agreements as provided by section 10; and 

(d) access by commercial interests in order to enter on Inuvialuit lands to exercise interests in or on those lands, subject to Participation Agreements as provided by section 10.

7. (19) Access for the purposes of subsection (18) requires that prior notice be given to the Inuvialuit.

7. (20) The following conditions apply to the access provisions set out in subsections (14) to (19): 

(a) the granting of access by the Inuvialuit does not create responsibility on their part for damages suffered by the user; 

(b) users of access rights are responsible for damages caused to the land; and 

(c) the user who fails to comply with the access provisions may be removed from the land.

7. (21) Except for subsection (17) and the provision for Participation Agreements in paragraphs 18(c) and (d), the foregoing provisions relating to access constitute an interim measure and shall cease to have force and effect when and to the extent that laws of general application relating to access to private lands are enacted for lands in the Western Arctic Region.

As amended by P.C. 1987-26, January 15, 1987

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 twenty (20) year forecasts of the volumes required from Inuvialuit lands. The forecasts shall be prepared jointly by the Inuvialuit and the appropriate levels of government on the basis of community estimates of requirements, and shall be revised from time to time as required but, in any event, not less frequently than once every five (5) years.

As amended by P.C. 1987-26, January 15, 1987

7. (28) As a second priority, the Inuvialuit shall reserve adequate supplies of sand and gravel of appropriate quality on Inuvialuit lands for the direct private and corporate needs of the Inuvialuit and not for sale, based on reasonable twenty (20) year forecasts of required volumes prepared by the Inuvialuit Land Administration.

As amended by P.C. 1987-26, January 15, 1987

7. (29) As a third priority, the Inuvialuit shall make available sand and gravel for any project approved by an appropriate governmental agency.

7. (30) The Inuvialuit and the appropriate level of government may jointly identify certain zones within the Western Arctic Region including, for greater certainty, Inuvialuit lands, where sand and gravel may not be removed, or may not be removed during certain periods of the year, for environmental reasons or because of other conflicting uses of such land.

7. (31) For greater certainty, the sand and gravel deposits within Inuvialuit lands, known collectively as the Ya Ya Lakes eskers, shall be dedicated to sand and gravel development, subject to normal pit development, restoration measures and laws of general application.

7. (32) The right to remove sand and gravel from Inuvialuit lands requires a licence or concession obtained from the Inuvialuit Land Administration. A licence or concession may stipulate the required payment of a royalty to the Inuvialuit Land Administration, not exceeding $0.75 per cubic yard multiplied by b/a, where "a" means the Gross National Product of Canada in current dollars for the year 1982 and "b" means the Gross National Product of Canada in current dollars for the year previous to the year in which the royalties arc being charged.

7. (33) For the purposes of subsection (32): 

(a) a licence is a non-exclusive right to remove a certain volume of sand and gravel for a specific purpose during a period not exceeding one (1) year from a specific sand and gravel pit; and 

As amended by P.C. 1987-26, January 15, 1987

(b) a concession is the exclusive right to explore, develop and produce sand and gravel from an area for a period specified in the concession.

7. (34) A licence or concession may stipulate payments to cover reasonable administrative costs and, where they are applicable and justified, reasonable land reclamation costs in relation to the sand and gravel deposit for which the licence or concession has been granted.

7. (35) In granting a licence, the Inuvialuit Land Administration shall, to the extent of its legal capability, ensure that sand and gravel is made available to interested parties at reasonable prices.

7. (36) Before issuing a licence, the Inuvialuit Land Administration shall require the applicant to establish that the proposed project has been approved by the appropriate level of government and that a contract has been awarded.

7. (37) Notwithstanding subsection (36), the Inuvialuit Land Administration shall, subject to reasonable rules of pit management, issue a licence to any person for personal use in amounts not exceeding 50 cubic yards annually.

7. (38) Any concession granted by the Inuvialuit Land Administration to the Inuvialuit Development Corporation shall contain the specific provision that the Inuvialuit Development Corporation shall make sand and gravel available at reasonable prices to interested parties bearing in mind the priorities set out in subsections (27) to (29). Reasonable prices shall not exceed levels that would result in a rate of return in excess of 20%, after tax, on the capital employed by the holder in his sand and gravel business.

As amended by P.C. 1987-26, January 15, 1987

7. (39) The rate of return referred to in subsection (38) shall be determined in accordance with generally acceptable accounting principles on the basis of actual data for past years and reasonable forecasts for future years with the aim of averaging the rate of return over the life of the concession. For the purpose of determining reasonable prices, the concession holder shall not take into account any general annual overhead and management costs in excess of 15% of total costs.

7. (40) Any concession referred to in subsection (38) shall establish that the Inuvialuit Development Corporation maintains for inspection by the Inuvialuit Land Administration and the appropriate government officials the necessary financial records related to the royalty payments, profits and rate of return of the operations.

As amended by P.C. 1987-26, January 15, 1987

7. (41) Where the Minister is of the opinion that the Inuvialuit Development Corporation, under a concession, is providing sand and gravel in an unreliable or inefficient manner or at excessive prices, he may notify the Inuvialuit Land Administration in writing whereupon it shall terminate the concession and offer it on a competitive bid basis. Neither Canada, the concession holder nor any third party shall have any right, claim or recourse against the Inuvialuit arising from alleged damage or loss resulting from such termination.

As amended by P.C. 1987-26, January 15, 1987

7. (42) The provisions of this Agreement respecting sand and gravel, except subsection (41), are subject to the arbitration process set out in section 18.

7. (43) The Inuvialuit Land Corporation and other corporations controlled by the Inuvialuit may, from time to time, exchange lands with Canada.

7. (44) Subject to any agreements that the Inuvialuit have entered into or may enter into with other native groups in adjoining land claims areas respecting the acquisition or disposition of their respective interests in and, title to Inuvialuit lands may not be conveyed except to Inuvialuit individuals or corporations controlled the Inuvialuit or Her Majesty in right of Canada. For greater certainty, leases and other rights to use and occupy Inuvialuit lands for any purpose and dispositions of rights to explore, develop and produce resources owned the Inuvialuit may be made by the Inuvialuit to persons or corporations in accordance with this Agreement and laws of general application.

7. (45) The transfer or grant of Inuvialuit lands pursuant to subsection (44) and subsections (50) to (81) snail be exempt from tax. For greater certainty, the transfer to and the receipt by the Inuvialuit of the proceeds of such transfers or grants and any distributions thereof by Inuvialuit corporations shall be exempt from tax, Including income tax, by federal, provincial, territorial or municipal governments. The Inuvialuit corporations shall separately account for such proceeds and any transfer or distribution thereof.

7. (46) For the purposes of the Income Tax Act, there shall be deemed to be no cost with respect to any acquestion or deemed acquisition of Canadian resource properties, as defined in paragraph 66(15)(c) of the Income Tax Act, by the Inuvialuit under this Agreement. However, net proceeds up to a total of $10 million received by the Inuvialuit from the disposition of Canadian resource properties relating to lands described in subsections 9(3) and 9(4) shall be deemed, for the purposes of the Income Tax Act, not to be proceeds of the disposition of Canadian resource properties, and those proceeds, their transfer to and receipt by the Inuvialuit and any distribution thereof by Inuvialuit corporations shall be exempt from tax, including income tax, by federal, territorial, provincial or municipal governments. The Inuvialuit corporations shall separately account for such proceeds and any transfer or distribution thereof.

7. (47) No federal, territorial, provincial or municipal charge, levy or tax of any kind whatsoever shall be payable on Inuvialuit lands or based on the value or assessed value of Inuvialuit lands and, without limiting the generality of the foregoing, no capital, wealth, realty, school, water or business tax shall be payable on Inuvialuit lands or based on the value or assessed value of Inuvialuit lands.

7. (48) For the purposes of subsection (47), "land" does not include buildings on land, and all royalties, rents, profits and other revenues or gain derived from Inuvialuit lands shall be taxable under laws of general application except as otherwise provided by this Agreement.

7. (49) No federal, territorial, provincial or municipal charge, levy or tax shall be payable in respect of the transfer to or receipt by the Inuvialuit Regional Corporation or the Inuvialuit Land Corporation of Inuvialuit lands under the Settlement.

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.

7. (52) If suitable alternative lands considered to be satisfactory by the Inuvialuit cannot reasonably be provided pursuant to subsection (51), monetary compensation shall be payable, together with interest, as contemplated by the Expropriation Act of Canada.

7. (53) The monetary compensation payable on an expropriation shall reflect the fair market value of the lands expropriated but shall take into account that such value is low relative to other areas in Canada and that this Agreement is intended to constitute a fair exchange between the Inuvialuit and Canada. Where a cost base is agreed on, the compensation payable on an expropriation shall be an amount equal to the greater of the fair market value and that cost base.

7. (54) On an expropriation of Inuvialuit lands, compensation shall be payable for the loss of the use of the land. Part of the land value, in addition to other land values, shall consist of its intrinsic value for wildlife.

7. (55) Compensation for actual harvesting loss shall be provided for Inuvialuit harvesters under section 13 and shall not be considered in determining the value of the land under expropriation.

7. (56) Where Inuvialuit lands are expropriated, the exclusive harvesting rights set out in paragraph 14(6)(d) shall continue to apply. For greater certainty, the exercise of such rights by the Inuvialuit is subject to the laws of general application respecting public safety and conservation.

7. (57) On an expropriation, any disagreement between Canada and the Inuvialuit concerning the following matters shall be referred to the Arbitration Board pursuant to section 18: 

(a) whether it is reasonably possible for the Government to provide suitable alternative lands satisfactory to the Inuvialuit; 

(b) the compensation and interest payable in the event that suitable alternative lands are not available; and 

(c) any other matters arising on expropriation, including payment of the costs of any arbitration.

7. (58) Compensation for expropriation, whether in the form of suitable alternative lands or money, shall be tax free to the Inuvialuit.

7. (59) Where lands arc required to be conveyed pursuant to subsections (61) to (81), the provisions of subsections (50) to (58) do not apply.

7. (60) For the purposes of subsections (61) to (81), the following provisions apply: 

(a) where Inuvialuit lands are appropriated, if possible, equivalent alternative lands in the Western Arctic Region suitable to the Inuvialuit shall be provided; 

(b) if the parties cannot agree on appropriate equivalent lands, the matter shall be referred to the Arbitration Board pursuant to section 18 and the arbitrator shall decide the issue of equivalence and whether payment shall be made in land or money; 

(c) the value of the lands shall be based on their worth before being required for government purposes, and shall include, in addition to other land values, their intrinsic value for wildlife; 

(d) compensation for actual harvesting loss shall be provided to Inuvialuit harvesters under section 13 and shall not be considered in determining the value of the land under subsections (61) to (81); 

(e) lands acquired by the Inuvialuit Land Land Corporation (ILC) through exchange by virtue of subsections (61) to (81) shall be deemed to be Inuvialuit lands and receipt of compensation for appropriation in whatever form shall be tax free to the Inuvialuit; and 

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 2004-337, March 30, 2004

(f) on appropriated lands, the exclusive harvesting rights set out in paragraph 14(6)(d) shall continue to apply. For greater certainty, the exercise of such rights by the Inuvialuit is subject to the laws of general application respecting public safety and conservation. 

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, on which the government might obtain the lands by sale, lease or other disposition or arrangement.

7. (62) Failing successful conclusion of negotiations under subsection (61) within a period of ninety (90) days following receipt of the notice referred to in that subsection, either party may refer the matter to the Arbitration Board pursuant to section 18 and subsection (60).

7. (63) Each party shall submit its final offer to the arbitrator who may select the one considered more reasonable or, after mediation, make a compromise ruling bearing in mind, on the one hand, the governmental use for which the land is required and, on the other, the desire of the Inuvialuit to retain their lands.

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; 

As amended by P.C. 1987-26, January 15, 1987

(b) where approval is given to commence the development of a particular road project, the Government shall negotiate with the Inuvialuit Land Administration for the acquisition of the necessary public road right of way on the basis of compensating the Inuvialuit by providing, if possible, alternative land of equivalent value in the Western Arctic Region that is suitable to the Inuvialuit; 

As amended by P.C. 1987-26, January 15, 1987

(c) the Government shall give notice to the Inuvialuit Land Administation of the amounts and location of land it requires and shall at the same time make an offer to the Inuvialuit Land Administration of suitable alternative land in the Western Arctic Region and having equivalent value to that of the land being acquired; and 

As amended by P.C. 1987-26, January 15, 1987

(d) where the Government and the Inuvialuit Land Administration are not able to conclude an agreement as to the location or amounts of suitable alternative land within forty-two (42) days from the date of the notice referred to in paragraph (c), the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60).

As amended by P.C. 1987-26, January 15, 1987

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

As amended by P.C. 1987-26, January 15, 1987

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.

7. (67) Land identified in subsection (65) may be occupied by the Government or its designate on a temporary basis, as required, subject to reasonable environmental terms and conditions consistent with appropriate government land use regulations existing at the time the occupation is approved.

7. (68) Where a portion of the lands Identified in subsection (65) is required to be conveyed to the Government, the Inuvialuit shall make the lands available to the Government within sixty (60) days or receiving written notice to do so, without penalty or any kind.

7. (69) Lands conveyed pursuant to subsection (68) shall be replaced with equivalent lands in the Western Arctic Region agreeable to the parties. If the parties cannot agree on appropriate equivalent lands, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60).

7. (70) The pingos in the area shown in Annex H-2 and described in Annex H-4 shall be protected by the Minister of the Environment of Canada by the establishment of a Pingo Canadian Landmark as described in Annex H-4.

7. (71) Canada shall continue to retain title to the surface of the land in the area referred to in subsection (70), including sand and gravel. Canada shall transfer administration for this area to the Minister of the Environment under subsection 35(1) of the Public Works Act for the purpose of establishment as a Canadian Landmark. The Minister of the Environment shall assume responsibility for the protection of this area on the execution of this Agreement. For greater certainty, the Inuvialuit shall be granted title to the subsurface of the land comprising the Landmark.

7. (72) As the area shown in Annex H-2 and described in Annex H-4 was an approved Inuvialuit land selection, the Inuvialuit shall be granted (1)(b) title to land of equivalent value in the Western Arctic Region that is suitable to the Inuvialuit. If the parties cannot agree on equivalent land, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60).

As amended by P.C. 2004-337, March 30, 2004

7. (73) The Pingo Canadian Landmark shall be managed under the National Parks Act, in consultation with the Inuvialuit Land Administration and the people of Tuktoyaktuk, as a joint management regime.

7. (74) If there is any disagreement with respect to the management of the Pingo Canadian Landmark, there shall be a right of appeal to the Minister of the Environment who shall make the final decision.

7. (75) Any future exploration for or extraction of the subsurface resources or the Pingo Canadian Landmark shall be carried out from outside the site in a manner that does not damage the pingos.

7. (76) The Inuvialuit shall have priority with respect to employment and any economic opportunities relating to the Pingo 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 and Nelson Head and Cape Lambton, Durham Heights at 2,450 feet elevation and approximately 25 miles of sea coast. The Inuvialuit shall be granted paragraph 7(l)(b) title to this area pursuant to this Agreement.

As amended by P.C. 2004-337, March 30, 2004

7. (78) If and when the Minister of the Environment's Canadian Landmark Program takes effect and that Minister has the authority to require the area, the Inuvialuit shall convey paragraph 7(1)(b) title to the land within sixty (60) days of receipt of written notice to that effect.

As amended by P.C. 2004-337, March 30, 2004

7. (79) The Inuvialuit shall be granted title to equivalent land in the Western Arctic Region that is agreeable to the Inuvialuit and Canada. If the parties cannot agree on equivalent land, the matter shall be referred to the Arbitration Board pursuant to section 18 and subsection (60).

7. (80) The management and economic provisions in subsections (73) and (76) that apply to Pingo Canadian Landmark shall apply to the area described in subsection (77).

As amended by P.C. 1987-26, January 15, 1987

7. (81) The Inuvialuit Land Administration shall ensure that, within the area described in subsection (77), no activity is permitted prior to the conveyance referred to in subsection (78) that renders the land unsuitable as a Canadian Landmark. This obligation and the right of the Minister of the Environment to require a conveyance under subsection (78) shall terminate on the expiration of ten (10) years after the date of the execution of this Agreement.

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. For the purpose of land use planning in the Yukon Territory and the Northwest Territories, it is also agreed that, for areas south of the watershed and north of the Porcupine and Bell Rivers in the Yukon Territory, and for areas in the Western Arctic Region in the Northwest Territories, native representation shall be equal to that of the government. The representation of the Government of Yukon Territory for matters north of the watershed and of the Government the Northwest Territories for matters in the Western Arctic Region shall increase as their respective jurisdictions increase and shall form a majority of government participation for matters exclusively within their respective jurisdictions.

As amended by P.C. 1987-26, January 15, 1987

7. (83) The Inuvialuit agree that they shall not be represented on any Land Use Planning Commissions or similar bodies referred to in subsection (82) for areas outside the Inuvialuit Settlement Region unless it is established that activities in adjacent areas affect their interest within the Inuvialuit Settlement Region. They also agree that, in the Yukon Territory, their interest for purposes of land use planning does not extend to any areas south of the Porcupine and Bell Rivers.

7. (84) The Commissions or bodies referred to in subsection (82) shall make every endeavor to coordinate their work in order to achieve consistency.

7. (85) Notwithstanding Inuvialuit ownership of beds of rivers, lakes and other water bodies, 

(a) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of the management of fish, migratory game birds, migratory non-game birds, and migratory insectivorous birds and their habitat, and the Inuvialuit shall not impede or interfere with that right. For greater certainty. Canada retains the right to enter on Inuvialuit lands for the purposes of conducting fisheries research and management related activities, and the right to erect small scale temporary camps and installations. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these rights; 

As amended by P.C. 1987-26, January 15, 1987

(b) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of carrying out governmental functions relating to navigation, transportation, flood control and similar matters. The Inuvialuit shall not impede or interfere with Canada's carrying out of these functions. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these functions.  Where such functions result in damage to the Inuvialuit or their lands or significant impact on the Inuvialuit or their use of their lands, they shall be entitled to compensation, the nature and amount of which shall be negotiated between the Inuvialuit Land Administration and the Government with ultimate recourse to the courts; and 

(c) the appropriate government shall control and manage the waters and water beds and adjacent lands for the purpose of ensuring the protection of community water supplies from contamination and degradation. Such management shall ensure that community requirements are met first. The appropriate government shall consult with the Inuvialuit Land Administration with regard to the manner in which it manages community water supplies.

7. (86) Those pans of Inuvialuit lands that lie within the Andersen River Bird Sanctuary and the Banks Island Bird Sanctuaries shall continue to be subject to the right of management of Canada under the Migratory Bird Sanctuary Regulations.

7 (87) Canada reserves the right to establish and operate new meteorological and climatological stations on lands received by the Inuvialuit pursuant to paragraph (1)(b), subject to conditions, including the payment of compensation, to be negotiated by Canada and the Inuvialuit. In the event of disagreement, the matter in question shall be referred to the Arbitration Board pursuant to section 18.

7. (88) To provide the Government with flexibility to react quickly in order to meet its responsibilities for navigation and safety, the Inuvialuit agree that, with respect to navigable waters, the Government may establish navigation aids and safety devices along the shorelines of navigable waters anywhere in unoccupied Inuvialuit (1)(b) lands except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, without having to receive the prior consent of the Inuvialuit. If any such navigation aid or safety remains for more than one year at any particular site, the Government shall give notice thereof to the Inuvialuit and the Inuvialuit shall have the option of requiring expropriation of that site.

As amended by P.C. 1987-26, January 15, 1987

7. (89) Canada and the Inuvialuit agree that Canada will have the right to conduct or authorize dredging operations for purposes of transportation on all navigable waters situated within Inuvialuit paragraph (1)(b) lands, except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D.

As amended by P.C. 1987-26, January 15, 1987

7. (90) Inuvialuit ownership of the beds of rivers, lakes and other water bodies does not provide the Inuvialuit with a proprietary interest in fish or give them the exclusive right to harvest fish.

7. (91) Subject to subsection (92), and notwithstanding Canada's ownership of water within paragraph (1)(b) lands, the Inuvialuit right to hunt, fish and trap on Inuvialuit lands as set out in section 14 and, in particular, the exclusive right set out in paragraph 14(6)(d), shall extend to all rivers, lakes and other water bodies within Inuvialuit lands.

As amended by P.C. 1987-26, January 15, 1987

7. (92) Where Canada retains ownership of the waters and beds of water bodies within the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, the Inuvialuit shall not have the exclusive right to harvest migratory game birds thereon, but Canada shall endeavour to ensure, by means of regulations pursuant to the Migratory Birds Convention Act, that the Inuvialuit and persons with rights recognized by subsections 14(15) to (18) are the only persons allowed to harvest such birds.

 

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, whether it takes place before or after July 13, 1978.

7. (94) Canada shall, on behalf of the Inuvialuit, continue to administer the rights of interest holders referred to in subsection (93).  Where legislation allows discretionary decisions to be made with respect to such administration, no decisions shall be made without the consent of the Inuvialuit where the effect thereof is to offer the Crown share for bids, to waive royalties or other payments in the nature of royalties or to prejudice the economic interest of the Inuvialuit. No other such decisions shall be made affecting Inuvialuit rights without prior consultation with the Inuvialuit Land Administration. Where, however, the holder of the rights and the Inuvialuit agree that the Inuvialuit should administer the rights or a renegotiated version of the rights directly and both parties so inform the Minister in writing, the Minister shall transfer such administration to the Inuvialuit.

As amended by P.C. 1987-26, January 15, 1987

7. (95) Canada shall, as soon as possible, remit to the Inuvialuit any royalties, fees, rentals, bonuses or other payments in lieu of royalties accruing after the date of his Agreement from the rights referred to in subsection (93). Any royalties accruing from oil and gas production under community sites shall be included in the remitances. For greater certainty, the Inuvialuit shall receive and manage the Crown Share within the meaning of section 27 of the Canada Oil and Gas Act. (S.C. 1980-81-82-83, c. 81).

7. (96) The amounts payable to the Inuvialuit under subsection (95) shall be calculated on the basis of the laws and regulations in force on December 31, 1983 applicable to Crown lands in the Northwest Territories.