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Guide to the Inuvialuit Settlement Region for Mineral Prospectors and Developers

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Guide to the Inuvialuit Settlement Region for Mineral Prospectors and Developers Cover map provided by NWT CENTRE FOR REMOTE SENSING RESOURCES, WILDLIFE AND ECONOMIC DEVLEOPMENT GOVERNMENT OF NORTHWEST TERRITORIES Guide prepared with the assistance of MINERAL DEVELOPMENT DIVISION MINERAL RESOURCES DIRECTORATE NORTHERN AFFAIRS PROGRAM INDIAN AND NORTHERN AFFAIRS CANADA with cooperation and advice from INUVIALUIT REGIONAL CORPORATION INUVIALUIT CO-MANAGEMENT BODIES AND JOINT SECRETARIAT INUVIALUIT LAND ADMINISTRATION ENVIRONMENT CANADA CANADIAN WILDLIFE SERVICE CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY FISHERIES AND OCEANS RENEWABLE RESOURCES AND ENVIRONMENT DIRECTORATE, INAC OPERATIONS DIRECTORATE, INAC RESOURCES, WILDLIFE AND ECONOMIC DEVELOPMENT, GOVERNMENT OF NWT MUNICIPAL AND COMMUNITY AFFAIRS, GOVERNMENT OF NWT PRINCE OF WALES NORTHERN HERITAGE CENTRE NWT WORKERS COMPENSATION BOARD NWT CHAMBER OF MINES AND ITS MEMBERS Prepared by ALVAREZ, SLOAN AND ASSOCIATES LTD. March, 2000 To obtain copies of this Guide, contact © INUVIALUIT REGIONAL CORPORATION or MINERAL DEVELOPMENT DIVISION P.O. Box 2120 INDIAN AND NORTHERN AFFAIRS Inuvik, NT X0E 0T0 P.O. Box 1500 Tel: (867) 777-2737 Yellowknife, NT X1A 2R3 Tel: (867) 669-2571 GUIDE TO THE INUVIALUIT SETTLEMENT REGION FOR MINERAL PROSPECTORS AND DEVELOPERS March 2000 TABLE OF CONTENTS Chapter 1 GETTING STARTED Page 1 1.1 The Inuvialuit Settlement Region (ISR) ........................................................................... Page 3 1.2 The Inuvialuit Final Agreement (IFA) ................................................................................ Page 3 1.3 Implementation of the Inuvialuit Final Agreement (IFA) .................................................. Page 3 1.4 LOCATION: Where will you be working? ....................................................................... Page 4 1.5 SCOPE: What activities are you planning? .................................................................... Page 6 1.6 Laws of General Application ............................................................................................ Page 6 Chapter 2 THE INUVIALUIT FINAL AGREEMENT (IFA) Page 9 2.1 Goals (IFA Section 1) ........................................................................................................ Page 9 2.2 Beneficiary and Inuvialuit Corporations (IFA Sections 5 and 6) ..................................... Page 9 2.3 Relevance of the IFA to Mineral Prospectors and Developers ....................................... Page 10 2.4 Inuvialuit-Owned Lands (IFA Section 7) .......................................................................... Page 10 2.5 Crown-Owned Lands....................................................................................................... Page 11 2.6 Access To and Across Inuvialuit Lands (IFA Section 7) .................................................. Page 11 2.7 Wildlife Compensation (IFA Section 13) ......................................................................... Page 12 2.8 Water Management (IFA Section 7) ................................................................................. Page 12 2.9 Sand and Gravel (IFA Section 7) ...................................................................................... Page 12 2.10 Participation Agreements (IFA Section 10) ...................................................................... Page 13 2.11 Arbitration Process (IFA Section 18) ................................................................................ Page 13 2.12 Laws of General Application (IFA Section 7) ................................................................... Page 13 2.13 Environmental Impact Screening and Review Process (IFA Section 11) ...................... Page 13 2.14 Economic Provisions (IFA Section 16) ............................................................................ Page 14 2.15 Land Use Planning (IFA Section 7) .................................................................................. Page 14 Chapter 3 INUVIALUIT INSTITUTIONS: WHO’S WHO Page 15 3.1 Co-Management Institutions ........................................................................................... Page 15 3.1.1 Institutions for Co-Management of Wildlife ...................................................... Page 15 3.1.2 Institutions of IFA Environmental Screening and Review ................................. Page 17 3.2 Inuvialuit Institutions ........................................................................................................ Page 18 3.2.1 Inuvialuit Regional Corporation (IRC) .............................................................. Page 18 3.2.2 Inuvialuit Land Administration (ILA) .................................................................. Page 18 3.2.3 Inuvialuit Game Council (IGC) .......................................................................... Page 18 3.3 Community Institutions .................................................................................................... Page 18 3.3.1 Community Corporations .................................................................................. Page 18 3.3.2 Community Hunters and Trappers Committees (HTC) ................................... Page 20 3.3.3 Holman Community Conservation Committee ............................................... Page 20 Chapter 4 ENVIRONMENTAL IMPACT SCREENING AND REVIEW Page 21 4.1 Application of the Process: To Which Projects? ............................................................. Page 21 4.1.1 Developments that Require Screening ............................................................ Page 21 4.1.2 Exemption from Screening ................................................................................ Page 22 - I - 4.2 The IFA Environmental Impact Screening Process ........................................................ Page 23 4.2.1 Scheduling the Screening Process .................................................................. Page 23 4.2.2 Consultation Requirements .............................................................................. Page 23 4.2.3 The Project Description ..................................................................................... Page 24 4.2.4 Screening Determination .................................................................................. Page 25 4.3 The IFA Environmental Impact Review Process ............................................................. Page 25 4.3.1 Review Procedures ........................................................................................... Page 26 4.3.2 Process for the Proponent ................................................................................ Page 26 4.3.3 Relationship to Federal Environmental Assessment ...................................... Page 27 Chapter 5 DOING MINERAL WORK IN THE ISR Page 28 5.1 Legislation on Mineral Rights and Land Use ................................................................. Page 28 5.2 Inuvialuit Owned Lands ................................................................................................... Page 30 5.2.1Inuvialuit 7(1)(a) Lands ........................................................................................... Page 30 5.2.2 Inuvialuit 7(1)(b) Lands ..................................................................................... Page 30 5.2.3 Inuvialuit 7(2) Lands: Beds of Water Bodies ................................................... Page 31 5.3 Federal Crown Land ........................................................................................................ Page 31 5.4 Land within Protected Areas ............................................................................................ Page 31 5.5 Commissioner’s Lands .................................................................................................. Page 32 5.6 “Below-Threshold” Mineral Activities ............................................................................... Page 32 5.7 Laws of General Application ............................................................................................ Page 33 5.8 Environmental Laws and Regulation .............................................................................. Page 33 Chapter 6 PROTECTED AREAS IN THE ISR Page 36 6.1 Formalized Protected Area Status ................................................................................... Page 36 6.1.1 National Parks: The Highest Level of Conservation Protection ...................... Page 36 6.1.2 Migratory Bird Sanctuaries ................................................................................ Page 37 6.1.3 Territorial Parks and Sites ................................................................................. Page 37 6.1.4 Protection under the Inuvialuit Final Agreement ............................................... Page 38 6.1.5 Protection for Archaeological Sites ................................................................... Page 38 6.2 Informal Protection ........................................................................................................... Page 38 6.2.1 Community Conservation Plans ....................................................................... Page 39 6.2.2 Key Habitat Sites for Birds ................................................................................. Page 39 6.2.3 Critical Habitat Areas for Fish ............................................................................ Page 40 6.2.4 Beluga Whale Protection Plan .........................................................................
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