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Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010

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Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 Nunavik Enrolment Office P.O. Box 179 Kuujjuaq, Nunavik (Quebec) J0M 1C0 Telephone: (819) 964-2925 Fax: (819) 964-0458 www.makivik.org Enrolment Program for Nunavik Inuit Beneficiaries of the James Bay and Northern Québec Agreement PPOOLLIICCIIEESS AAnndd GGuuiiddeelliinneess June 1, 2010 Adopted by the Board of Directors of Makivik Corporation on October 5 - 8, 2010 Resolution No. ____________________ Modification made by the Board of Directors of Makivik Resolution No. Date (Attached hereto) Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 TABLE OF CONTENT SECTION I: INTRODUCTION: ENROLMENT OF THE INUIT BENEFICIARIES OF THE JAMES BAY AND NORTHERN QUEBEC AGREEMENT Page 4 1.1 Introduction Page 4 1.2 Background Page 4 1.3 Transfer from the Government of Quebec to the Nunavik Enrolment Office Page 5 1.4 Scope of New Eligibility Criteria and Enrolment Procedures Page 5 SECTION II: NUNAVIK ENROLMENT OFFICE AND INUIT BENEFICIARIES REGISTER Page 6 2.1 Head Office of the Nunavik Enrolment Office Page 6 2.2 Staffing for the Nunavik Enrolment Office Page 6 2.3 Nunavik Inuit Beneficiaries Register Page 6 2.4 Nunavik Inuit Beneficiary Card Page 6 SECTION III: RESPONSIBILITIES OF THE NUNAVIK ENROLMENT OFFICE Page 7 3.1 Overview of the Nunavik Enrolment Office Page 7 3.2 Statutory Functions of the Nunavik Enrolment Office Page 7 3.3 Ancillary Functions of the Nunavik Enrolment Office Page 7 SECTION IV: OVERVIEW: ENROLMENT OF NUNAVIK INUIT BENEFICIARIES OF THE JBNQA Page 10 4.1 Eligibility Criteria to be enrolled as Nunavik Inuit Beneficiary Page 10 4.2 Inuit Customary Adoption Page 14 4.3 Discontinuing Enrolment Page 14 4.4 Nunavik Inuit Beneficiaries Register Page 14 4.5 Responsibilities of Nunavik Inuit Beneficiaries Page 14 4.6 Nunavik Enrolment Review Committee Page 15 4.7 Documentation Page 15 SECTION V: NUNAVIK INUIT BENEFICIARY HAVING THEIR RESIDENCE OUTSIDE THE NUNAVIK TERRITORY FOR 10 CONSECUTIVE YEARS OR MORE Page 17 5.1 Nunavik Inuit Beneficiary Residing “Outside the Nunavik Territory” Page 17 5.2 Inuit “N” Number for Nunavik Inuit not Normally Resident of the Nunavik Territory Page 17 5.3 Distinctive Benefits Programs Provided for Nunavik Inuit Residing “Outside the Nunavik Territory” Page 18 SECTION VI: NUNAVIK INUIT BENEFICIARIES OUT OF MARRIAGE Page 21 6.1 Status of Acquired Beneficiary Status from Marriage – pre 2006 Page 21 6.2 New Regime on Eligibility and Non-Inuit Spouses – post 2006 Page 22 1 Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 SECTION VII: COMMUNITY ENROLMENT COMMITTEES 7.1 Establishment of the Community Enrolment Committees Page 23 7.2 Composition and Voting for the Community Enrolment Committee Page 23 7.3 Community where there is a Landholding Corporation Page 23 7.3.1 Qualification to the Community Enrolment Committee Page 23 7.3.2 Chairperson Page 24 7.3.3 Vacancy at the Community Enrolment Committee Page 24 7.3.4 Landholding Corporations Employees Page 24 7.4 Community where there is no Landholding Corporation Page 24 7.4.1 Acting Puvirnituq Enrolment Secretary Page 24 7.4.2 Elections of the Members to the Puvirnituq Enrolment Committee Page 25 i) Date of Elections Page 25 ii) Notice of Elections Page 25 iii) Eligibility to run as a Member Page 25 iv) Eligibility to vote at Puvirnituq Enrolment Committee Elections Page 25 v) Elections Proceedings Page 25 7.5 Time and Place of Meetings of the Community Enrolment Committees Page 27 7.6 Decision-making power regarding Enrolment of Nunavik Inuit Beneficiaries Page 27 7.7 Discretion with Respect to the Application of Criteria Page 28 7.8 Regional Guidelines with Respect to the Application of Criteria Page 28 7.9 Statutory Functions of the Community Enrolment Committees Page 28 7.10 Objectives of the Community Enrolment Committees Page 29 7.11 Proceedings Rules Page 29 7.12 Rights of Members Page 30 7.13 Language Page 30 7.14 Term of Office Page 30 7.15 Conduct of Community Enrolment Committee Members Page 31 7.16 Vacancies Page 31 7.17 Removal for Non-Participation Page 31 7.18 Quorum and Voting Page 32 7.19 Decisions of the Community Enrolment Committees Page 32 7.20 Budget for Remuneration of Community Enrolment Committees’ Members Page 32 SECTION VIII: NUNAVIK ENROLMENT REVIEW COMMITTEE Page 34 8.1 Revision by the Nunavik Enrolment Review Committee Page 34 8.2 Composition of the Review Committee Page 34 8.3 Term of Office Page 34 8.4 Role of Review Committee Page 35 8.5 Review by Re-Hearing Page 35 8.6 Deadline to Appeal from a Decision Page 35 8.7 Rules for Proceedings Page 35 8.8 Initiating the Review Process Page 36 8.9 Responsibilities of the Registrar of the Nunavik Enrolment Office respecting Reviews Page 37 8.10 Review Hearings Page 37 8.11 Decisions by Review Committee Page 38 2 Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 SECTION IX: NUNAVIK INUIT BENEFICIARIES LISTS: ACCESS Page 39 9.1 Accessing the Nunavik Inuit Beneficiary Register Page 39 SECTION X: NUNAVIK INUIT BENEFICIARIES CARDS Page 40 10.1 Nunavik Inuit beneficiaries Cards Page 40 10.2 Application Information Page 40 10.3 Lost or Stolen Nunavik Inuit Beneficiary Card Page 41 10.4 Information Protected under the Provisions of the Privacy Act Page 41 APPENDIX 1: DOCUMENTATION: FORMS AVAILABLE FOR USE OF THE PUBLIC Page 42 APPENDIX 2: DOCUMENTATION: FORMS AVAILABLE FOR INTERNAL USE ONLY FOR NUNAVIK ENROLMENT OFFICE Page 43 APPENDIX 3: DOCUMENTATION: FORMS AVAILABLE FOR INTERNAL USE ONLY FOR COMMUNITY ENROLMENT COMMITTEES Page 44 APPENDIX 4: BENEFITS PROGRAMS PROVIDED TO NUNAVIK INUIT BENEFICIARIES Page 45 APPENDIX 5: LIST & ADDRESSES: NUNAVIK ENROLMENT OFFICE – COMMUNITY ENROLMENT COMMITTEES - NUNAVIK ENROLMENT REVIEW COMMITTEE Page 49 APPENDIX 6: VITAL STATISTICS CONTACT INFORMATION Page 51 3 Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 SECTION I INTRODUCTION ENROLMENT OF THE INUIT BENEFICIARIES OF THE JAMES BAY AND NORTHERN QUEBEC AGREEMENT 1.1 Introduction As of May 1 2006, new Inuit eligibility criteria and enrolment procedures took effect, as outlined in Section 3A of the Complementary Agreement No. 18 (C.A. 18) to the James Bay and Northern Quebec Agreement (JBNQA). Subsequently, the Nunavik Enrolment Office, under the authority of the Makivik Corporation (Makivik) Board of Directors, became entrust with the maintenance and up-dating of the Nunavik Inuit Beneficiaries Register in accordance with the decisions of the Community Enrolment Committees and the Nunavik Enrolment Review Committee. The present Policies and Guidelines informs the stakeholders about the content of the new enrolment regime (Section 3A C.A.18) while enhancing the comprehension by the Community Enrolment Committees and the Nunavik Enrolment Review Committee of their respective roles and responsibilities with respect to the enrolment of individuals who qualify as beneficiaries of the rights and privileges of the JBNQA. 1.2 Background At the request of the members of Makivik, a special committee was created by the corporation and mandated to consult from 1996 to 1998 the population of Nunavik on the issue of eligibility. A clear consensus emerged from the consultation to have the eligibility criteria of Section 3 of the JBNQA redefined. The members of Makivik then approved at the 2000 Annual General Meeting (AGM) held in Kuujjuaq the proposal to amend the eligibility criteria and enrolment procedures for Inuit beneficiaries upon the core premise that Inuit are best able to define who is an Inuk. The proposal, modeled on the section pertaining to eligibility in the Agreement Between the Inuit of the Nunavut Settlement Area and Canada, was approved in principle at the 2002 Makivik AGM. A working group spent the following year working out the fine details of the agreement, and minor modifications were made to ensure that human rights and procedural issues were addressed. The working group finalized the complementary agreement in the fall of 2003, and the JBNQA was then amended with the consent of all original parties. The signature of the 18th complementary agreement took place on January 27, 2005. The new regime, that came into force on May 1st 2006, grants more discretionary powers to Nunavimmiut to decide who is eligible to become a beneficiary through the creation of a local Community Enrolment Committee in each Nunavik community. Said committees are mandated to decide who is entitled to be enrolled based on the new criteria, upon applications by individuals seeking registration as beneficiaries of the JBNQA. 4 Policies and Guidelines: Nunavik Inuit Beneficiaries June 1, 2010 1.3 Transfer from the Government of Quebec to the Nunavik Enrolment Office On May 1, 2006, the Inuit beneficiaries register has been officially transferred from the Secretary General at the Québec Ministry of Health and Social Services (MSSS) to the Nunavik Enrolment Office, and the complete transition is foreseen to be terminated for December 2010. Individuals whose names and affiliation were entered on the Inuit beneficiaries lists maintained by the Secretary-General of the MSSS, immediately prior to May 1st, 2006, the day of the coming into force of the Complementary Agreement, were automatically entered on the Nunavik Inuit Beneficiaries Register by the Nunavik Enrolment Office. Inuit beneficiaries were therefore not required to re-assert their status due to the implementation of the Complementary Agreement, because the new regime is not retroactive in its effects and application. 1.4 Scope of New Eligibility Criteria and Enrolment Procedures Pursuant to the requests made during the consultations regarding eligibility, the criteria and enrolment procedures of the new regime grant local discretion to the Community Enrolment Committees to define and decide on eligibility of applicants under the provisions of C.A.
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