Year Review 55 1993 to 1998 I MPLEMENTATION OF THE NUNAVUT LAND CLAIMS AGREEMENT AN INDEPENDENT REVIEW N. Louise Vertes David M. H. Connelly Bruce A. S. Knott TABLE OF CONTENTS Page # EXECUTIVE SUMMARY 1 1.0 INTRODUCTION 1-1 1.1 Purpose 1-1 1.2 Scope 1-2 1.3 Consultations 1-3 1.4 The Review Team 1-4 1.5 Qualification: Availability of Information 1-5 1.6 Background 1-5 1.7 Structure of the Report 1-6 2.0 STATUS OF IMPLEMENTATION OBLIGATIONS 2-1 General 2-3 Languages of the Agreement 2-5 Nunavut Political Development 2-6 Nunavut Wildlife Management Board (NWMB) 2-7 Operations of the NWMB 2-10 Harvesting 2-12 Special Features of Inuit Harvesting 2-14 Surface Leases 2-16 Rights of First Refusal 2-17 Interjurisdictional Agreements 2-19 Wildlife Compensation 2-20 Outpost Camps 2-21 National Parks 2-23 Territorial Parks 2-26 National and Territorial Parks 2-27 Conservation Areas 2-33 Conservation and Management 2-34 Conservation Areas 2-36 Thelon Game Sanctuary 2-37 Institutions of Public Government 2-38 Nunavut Planning Commission 2-40 Nunavut Impact Review Board 2-43 Nunavut Water Board 2-49 Water Management 2-51 Municipal Lands 2-52 Marine Areas 2-56 Title to Inuit Owned Lands 2-58 Rights to Carving Stone 2-62 Entry and Access 2-63 Surface Rights Tribunal 2-68 Entry and Access 2-70 Table of Contents 5 Year Review - NLCA Implementation i October, 1999 Inuit Employment within Government 2-72 Procurement Policies 2-78 Government Contracts 2-80 Resource Royalty Payments 2-91 Resource Royalty Sharing 2-92 Inuit Impact and Benefit Agreements 2-93 Natural Resource Development 2-95 Northern Energy and Minerals Accord 2-96 The Nunavut Trust 2-97 Nunavut Social Development Council 2-98 Archaeology 2-99 Ethnographic Objects and Archival Materials 2-106 Enrolment 2-108 Implementation Panel 2-112 Implementation 2-113 Transition Period for NPC, NIRB, and NWB 2-116 Establishment of the Arbitration Board 2-118 Inuit Organizations 2-120 Other Aboriginal Peoples: Inuit of Northern Quebec 2-121 Contwoyto Lake Lands 2-122 Manitoba Area East of Manitoba 2-123 3.0 INUIT EMPLOYMENT WITHIN GOVERNMENT 3-1 3.1 Territorial Government 3-2 3.2 Federal Government 3-5 3.3 Analysis of Employment Results 3-7 3.4 Issues Related to the IEPs 3-9 3.5 Summary of Recommendations 3-17 4.0 IMPACT ASSESSMENT 4-1 4.1 Impact on Rights for Inuit 4-2 4.2 Impact on Social and Economic Conditions of Inuit 4-8 4.3 Sources of Information 4-11 4.4 Analysis of Indicators 4-13 4.5 Implementation Considerations 4-26 4.6 Conclusions and Recommendations 4-28 5.0 IMPLEMENTATION ISSUES 5-1 5.1 The Context for Successful Implementation 5-2 5.1.1 An Active Management Model 5-2 5.1.2 Joint Implementation 5-3 5.1.3 Separation of Implementation and Negotiation 5-5 Table of Contents 5 Year Review - NLCA Implementation ii October, 1999 5.2 Panel Issues 5-7 Role and Responsibilities 5.2.1 The Panel’s Role 5-8 5.2.2 Project Management Responsibilities 5-9 Planning and Organizing 5.2.3 An Annual Implementation Plan 5-10 5.2.4 An Independent Chair 5-11 5.2.5 Panel Membership 5-12 5.2.6 Panel Support Functions 5-14 5.2.7 The Mechanics of an Independent Chair and Staff 5-16 Operating 5.2.8 Administration Basics – of the Panel 5-19 5.2.9 Central Identification and Monitoring of Objectives 5-19 5.2.10 Delegation & Tracking of Implementation Management 5-20 5.2.11 Financial Management Responsibilities 5-23 Reporting 5.2.12 The Panel’s Annual Report 5-23 5.2.13 Communication and Transparency 5-24 Corrective Action 5.2.14 Intervention by the Panel 5-25 Commitment and Resources 5.2.15 A 5 Year Commitment to the Active Management Model 5-26 5.2.16 Resource Requirements 5-27 5.3 Organizing for Implementation (Beyond the Panel) 5-28 5.3.1 The Central Agency Implementation Model 5-28 5.3.2 Management of NTI Responsibilities 5-29 5.3.3 Applying the Right Skill Sets 5-31 5.3.4 The Dispute Resolution Processes 5-32 5.3.5 Knowledge of the Implementation Environment 5-34 5.3.6 Corporate Memory 5-35 5.3.7 Administration Basics – Implementation Environment 5-35 5.4 Other Issues 5-38 5.4.1 Focus on Implementation Results 5-38 5.4.2 Board Member Appointments – Implementing Bodies 5-39 5.4.3 Consultation 5-39 5.4.4 Legislation Establishing the IPGs 5-41 5.4.5 New and Revised Laws of General Application 5-42 5.4.6 Funding Arrangements for the IPGs 5-43 5.4.7 Implementation Funding Levels 5-45 5.4.8 IIBAs – National and Territorial Parks 5-46 Table of Contents 5 Year Review - NLCA Implementation iii October, 1999 5.5 Implementation of Article 24 5-48 5.5.1 The Intent of Article 24 5-48 5.5.2 Areas Requiring Attention 5-48 5.5.3 Consultation 5-48 5.5.4 Communication 5-49 5.5.5 Getting the Current Practices Right 5-50 5.5.6 Reporting and Monitoring 5-52 5.5.7 Learning and Applying the Lessons of Implementation 5-53 5.5.8 A Plan for the Orderly Phase-out of Article 24 5-53 6.0 COMPLIANCE WITH SPIRIT AND INTENT 6-1 6.1 Defining Spirit and Intent 6-1 6.2 Discussions on Compliance 6-1 6.2.1 Behaviour Observed by the Review Team 6-1 6.2.2 Overall Objectives 6-2 6.2.3 Total Results 6-3 6.2.4 Key Successes and Failures 6-4 6.2.5 Adaptation of the Parties 6-5 6.2.6 Good Faith from an Organizational Perspective 6-7 ANNEXES A Summary Matrix of Obligations Summary Matrix of Management Recommendations B Definitions and Acronyms C Consultations D Nunavut Module – 1999 Labor Force Survey Table of Contents 5 Year Review - NLCA Implementation iv October, 1999 Executive Summary The Nunavut Land Claims Agreement (NLCA) is a land claims agreement, within the meaning of the Constitution Act, between Canada and the Inuit of the Nunavut Settlement Area (NSA). Both ratified the NLCA, the Inuit by a vote and the Federal Government by passage and assent to the Nunavut Land Claims Agreement Act which came in force July 9, 1993. The NLCA stipulated that the Federal Government, Inuit, and the Territorial Government would develop an Implementation Plan governing the activities required to implement the NLCA. A Contract Relating to the Implementation of the Nunavut Final Agreement (the Implementation Contract) was signed in May, 1993. The NLCA and the Implementation Contract create obligations for a broad range of offices in the Federal and Territorial Governments, and for the Nunavut Tunngavik Inc. (NTI), the organization representing the Inuit of the NSA. These obligations range from a single time-limited action, such as recommending legislation to establish a new Nunavut Territory, to ongoing activities related to the co- management of wildlife. Government is also obliged to change the way it “does business” by consulting or involving Inuit in certain decisions or activities. Implementation of the NLCA has created a new implementation environment that includes Federal and Territorial Governments, NTI, federal Institutions of Public Government, and Inuit implementation bodies such as the Nunavut Trust and Regional Inuit Organizations. It is a complex environment and one that is about change. The Parties established an Implementation Panel responsible to oversee, provide direction, and monitor the implementation of the ongoing and time-limited obligations, specific activities, and projects arising from the NLCA and Implementation Contract. As part of this responsibility, the Implementation Panel must arrange for an independent review of implementation progress at five year intervals. This is the first such review covering implementation between July, 1993 and July, 1998. This Executive Summary provides an overview of the findings and concepts discussed in each section of the Implementation of the Nunavut Land Claim Agreement: An Independent 5 Year Review (the 5 Year Review). It also provides comments that put the findings and recommendations into perspective. Section 1 - Context The 5 Year Review was requested by the Nunavut Implementation Panel (the Panel) as part of the Panel’s responsibility to monitor implementation progress. Specific requirements of the 5 Year Review included a detailed analysis of obligations, a review of Article 23 (Inuit Employment), an assessment of the impact of the Nunavut Land Claim Agreement (NLCA), an examination of implementation issues, and recommendations on how to improve the implementation process in the future. The Review Team consisted of three principal consultants, with senior expertise in the areas of 1) government decision-making, 2) Inuit employment and business development, and 3) operational reviews and management practices. The Review Team was assisted by a group of Inuit researchers and translators, and a leading aboriginal academic. The review process included consultations with approximately 100 individuals involved in the implementation of the NLCA, and an examination of files and documentation. A limited amount of survey data was also collected, as part of the impact assessment work. Executive Summary 5 Year Review - NLCA Implementation 1 October, 1999 Section 2 - Status of the Obligations The Review Team examined the obligations stated in the NLCA and the Implementation Contract (the Agreements) to determine progress to-date.