Implementation

The Department of Implementation directed and coordinated all activities related to implementation of the NLCA. These activities involved the Government of Canada, Government of Nunavut (GN), Designated Inuit Organizations (DIOs), including NTI.

Implementation Contract Negotiations

After four years of negotiations with Department of Indian Affairs and Northern Development (DIAND) to update the Implementation Contract, there is no agreement on core issues. The federal chief negotiator left his job. DIAND said its mandate is exhausted and has no intention of appointing a new federal negotiator.

When the Nunavut Land Claims Agreement (NLCA) was signed in 1993, Canada got everything it wanted. It got a measure of certainty of title to one fifth of Canada’s landmass, high praise from the international community for what was seen as building a sustainable relationship with Inuit, and Canada was able to put in place a land and resource management system that let developers gain the consent of Inuit. These were big gains for Canada. In return, Inuit were promised a range of benefits, some of which were soon delivered. Benefits yet to be delivered include Article 23 (Inuit employment in government), Article 24 (preferred access to government contracts by Inuit and Nunavut businesses), Article 15 (allocations to the offshore fishery must be at the same levels as all other Canadian coastal jurisdictions, between 80 and 90 per cent), and Article 12.7.6 (requires a Nunavut General Monitoring Plan be put in place). These open-ended obligations are tied to jobs and sustainable economic development for Inuit.

There can be no agreement on any core issues until Canada agrees to a thorough re-evaluation of funding assumptions made in 1993, and a thorough re-evaluation of all NLCA obligations and objectives to develop funding levels which are realistic and based upon the experience of the first ten years.

The Government of Canada must collaborate with Nunavut Tunngavik Inc. (NTI) and the Government of Nunavut (GN) to develop a long-term plan to implement Article 23 to achieve measurable progress toward a representative level of Inuit employment in government by 2013. This means bringing to the table all federal departments with expertise in training.

Implementing the Nunavut General Monitoring Plan under Article 12.7.6 is not a complicated matter. It requires government to coordinate the monitoring of the Nunavut environment already under way, and to ensure that information on the environment is made public. But in the 12 years since the NLCA was signed, DIAND has not done that. NTI has filed a petition with the Auditor-General in light of DIAND’s failure to implement the Monitoring Plan.

Finally, NTI wants adequate long-term funding for the operations of the Institutions of Public Government (IPGs). This funding must be annually adjusted to fairly reflect changing circumstances and costs in Nunavut. This funding includes adequate funding for Hunters and Trappers Organizations (HTOs). NTI also wants to see the continuation of the Nunavut Wildlife Harvest Study.

Nunavut Implementation Panel

The Nunavut Implementation Panel (NIP) was established pursuant to NLCA Article 37 to oversee and provide direction on the implementation of the NLCA. NTI, the GN and the Government of Canada are also represented on the panel. The November 2003 Auditor-General’s Report was critical of the panel and noted its ineffectiveness to make decisions and resolve disputes. The report also noted the lack of accountability on implementation performance reporting. NTI’s primary aim is to improve the purpose and function of the panel to best implement the NLCA. After a two-year hiatus, the panel met in October 2004 in Iqaluit. Because the panel works on the notion of consensus of all three parties, most meetings were administrative with little movement on core implementation issues. NTI is unwilling to commit to future panel meetings until substantive progress is made with respect to the negotiations to update the Implementation Contract.

The Department also worked on starting the 1998-2004 independent review of the NLCA, and the publication of the report on implementation activities from 2001 to 2004. During 2004/05, NTI was involved in reviving the Article 23 Working Group with the GN and a number of successful meetings were held. The department intends to pursue this matter further with the federal and municipal governments in the near future.

Ninety per cent of the data was compiled and entered into the Implementation Monitoring System (IMS). Minor technical glitches were encountered, which were fixed. The IMS allows NTI to better monitor the obligations of all DIOs.

Inuit Impact Benefits Agreements

The department and Regional Inuit Associations (RIAs) continued with negotiations for three Umbrella Inuit Impact Benefits Agreements (IIBAs) this year. Negotiations for the Conservation Areas IIBA are almost at the agreement-in-principle stage. We are making preparations for the final agreement this year. Highlights include $8.3 million over the first seven-year term; $5 million to be transferred directly to Inuit in the form of tourism and cultural heritage funds; a $4 million tourism fund will give Inuit access to funds for developing business plans, funding proposals, tourism packages, development of local services, payment of business and insurance needs, tourism packages; a $1 million cultural and heritage fund to be utilized by Inuit to develop inventories of important resources, including oral histories, archaeological projects, Inuktitut place names, and interpretive materials; and co-management of the conservation areas to be undertaken by the Community Lands and Resources Committees (CLARCs).

There are four Heritage Rivers in Nunavut. NTI and RIAs have started negotiations with DIAND and Parks Canada, but it is too early to anticipate the benefits. We expect the majority of negotiations will be completed this fiscal year.

After many years of lobbying, Parks Canada has finally entered into negotiations with Inuit on an Historic Sites IIBA. There are 11 historic sites in Nunavut. NTI and RIAs look forward to concluding this outstanding NLCA obligation.