August 19, 1993

PREAMBLE

WHEREAS there has never been a treaty or land claims agreement between Inuit of Northern Quebec and the British Crown or Her Majesty the Queen in Right of Canada with respect to the offshore area surrounding Quebec and Labrador;

WHEREAS Inuit of Northern Quebec, as represented by Makivik and Her Majesty in Right of Canada (hereinafter referred to as the "Parties") intend to undertake negotiations to conclude a comprehensive land claims agreement for settlement of aboriginal claims, if any, of the Inuit of Northern Quebec with respect to the offshore area surrounding Quebec and Labrador (hereinafter referred to as the "negotiations");

WHEREAS the Parties are committed to conducting the negotiations on a timely and expeditious basis;

WHEREAS the Parties intend to conclude a Framework Agreement to govern the conduct of their negotiations, which Agreement is without prejudice to their respective legal positions and is under reserve of all their respective rights and recourses in this regard;

WHEREAS the Parties are undertaking the negotiations in good faith;

NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS:-

1. PURPOSE OF THE FRAMEWORK AGREEMENT ("Agreement")

1.1 The purpose of this Agreement is to promote efficient, effective, timely and orderly negotiations towards an Agreement-in-Principle;

1.2 This Agreement provides for:

1. parameters of the negotiation process;
2. scope of the negotiations;
3. agenda, funding and timetable of the negotiations.

2.PARTIES

2.1 The only Parties to the Agreement-in-Principle and to the final comprehensive land claims agreement (the "Final Agreement") will be Inuit of Northern Quebec as represented by Makivik Corporation and Her Majesty in Right of Canada, unless the Parties agree otherwise.

3. SCHEDULING AND TIMING

3.1 The Parties will use their best efforts to reach an Agreement-in-Principle with respect to the Subject-Matters listed in Section 4 of the present Agreement

within three (3) years of the date of execution of this Agreement.

3.2 The Agreement-in-Principle will provide the substance under the Subject-Matters established by the Framework Agreement.

4.SUBJECT-MATTERS FOR NEGOTIATION

4.1 Any Party may raise for discussion any Subject-Matters in addition to the list referred to in sub-section 4.3 and additional Subject-Matters may be added by agreement in writing of the chief negotiators.

4.2 The Parties will negotiate in good faith and use reasonable efforts to reach an agreement-in-principle on each of the listed Subject-Matters. It is acknowledged, however, that the Parties may not succeed in reaching an agreement-in-principle on all such Subject-Matters.

4.3 The following are Subject-Matters for the negotiations. The following list is not intended to be restrictive nor in any order of priority, and each of the Parties may raise a broad range of topics for negotiations under each Subject-Matter:

4.3.1 Wildlife use and management, including compensation for future losses associated with development;

4.3.2 Land ownership;

4.3.3 Land and water use and management (land-use planning; etc.);

4.3.4 Economic development, including employment and contract priority;

4.3.5 Marine area use and management;

4.3.6 Environmental protection;

4.3.7 Compensation;

4.3.8 Rationalization of arrangements between various governments;

4.3.9 Social and cultural protection and development;

4.3.10 Overlap claims, issues and other matters regarding other aboriginal peoples;

4.3.11 Certainty and finality;

4.3.12 Third party interests;

4.3.13 General provisions including:

1. interim protection measures;
2. interpretation and definitions;
3. preamble and objectives;
4. geographic delimitations of claim;
5. ratification;
6. languages of agreement;
7. enforceability;
8. implementation mechanisms including monitoring and evaluation;
9. periodic revision and updating;
10. costs of negotiations and implementation;
11. eligibility;
12. constitutional protection;
13. amendment formulae;
14. dispute resolution mechanism;
15. signatories.

4.4 Negotiations related to areas under Newfoundland's jurisdiction will not take place without Newfoundland's concurrence and participation in accordance with an understanding to be reached between Canada and Newfoundland.

5.INTERIM PROTECTIVE MEASURES

The purpose of any interim protective measures established pursuant to this agreement, is to protect the rights and interests of Northern Quebec Inuit in the offshore area pending a final land claims agreement and these measures may include processes for assessing the impact of resource, marine and land use on Northern Quebec Inuit rights and interests.

6.PUBLIC INFORMATION, COMMUNICATION, CONSULTATION

The Parties agree that the public, including individuals, groups or organizations having a particular interest in the outcome of the negotiations should be kept informed regarding the general status, objectives and progress of the negotiations and for that purpose:

1. The Parties will, together, develop and implement a process of public information and consultation and will attend meetings with such select individuals, groups or organizations, as they may agree are necessary to maintain public awareness;
2. Each Party may, separately, carry out such additional consultation and communication initiatives as it sees necessary;
3. Except to the extent that the chief negotiators agree that disclosure is necessary or desirable to achieve the objectives of keeping the general public informed as described above, details of positions and documents exchanged or developed during negotiations shall be confidential.

7.OVERLAPPING CLAIMS

7.1 Makivik Corporation shall attempt to resolve overlapping issues, if any, with other First Nations who have an overlap. To the extent that government agrees to be bound, it will give effect to any agreement resolving such issues.

7.2 In the event that the First Nations referred to in sub-section 7.1 do not reach agreement on overlapping issues, the Parties hereto shall consider other options to resolve the issues.

7.3 Any party or parties holding discussions or negotiations pursuant to this section with an overlap group must make it a condition of such discussions and/or negotiations that the overlap group maintain confidentiality with respect to the negotiations.

8.THE NEGOTIATION PROCESS: GENERAL

8.1 There shall be a main negotiation table to which the Parties will send their designated negotiators. This main negotiation table shall be responsible for the conduct, coordination and orientation of the negotiations.

8.2 The main negotiation table will have the authority to establish sub-committees or adhoc working groups to research and report on specific issues or concerns related to the Subject-Matters to be negotiated, as it may see fit.

8.3 The Parties will negotiate the Subject-Matters in a sequence to be determined by the Parties which sequence, may from time to time, be re-ordered by the mutual agreement of the Parties. The Parties may work on and negotiate more than one (1) Subject-Matter at the same time.

8.4 The Chief Negotiators will signify their agreement on a Subject-Matter by initialing the Sub-Agreement thereon. Initialing signifies that the Chief Negotiators are prepared to recommend Sub-Agreements to their principals for approval.

8.5 The Sub-Agreements which have been initialed may, with the consent of the Parties, be reconsidered and amended.

8.6 Once all Sub-Agreements have been initialed, the Parties shall take the necessary steps to complete the Agreement-in-Principle by consolidating all Sub-Agreements and such other provisions as may be deemed necessary for completion of the Agreement-in-Principle.

8.7 The Agreement-in-Principle will be concluded upon having been executed and ratified by the Parties. Ratification by all the Parties is a condition precedent to the validity of the Agreement-in-Principle and, in the absence of such ratification, the Agreement-in-Principle shall not be considered concluded.

8.8 After the Agreement-in-Principle has been concluded, the Parties will negotiate in good faith and on a timely basis a final agreement based on the Agreement-in-Principle.

8.9 The Final Agreement will come into force once it has been executed and ratified by the Parties. Ratification of the Final Agreement by the Parties is a condition precedent to the validity of the Final Agreement and, in the absence of such ratification, the Final Agreement shall be null and void and of no effect.

9.NEGOTIATION PROCESS: SPECIFIC PROCEDURES

9.1 Negotiating Teams

9.1.1 Canada and G.N.W.T. will each be represented by a Chief Negotiator and Makivik by two (2) Co-Chief Negotiators.

9.1.2 The G.N.W.T. will participate fully in the negotiations as a member of the federal negotiating team.

9.1.3 The Chief Negotiators will advise the main negotiating table of the composition of their respective negotiating teams.

9.1.4 Each Party's negotiating team will consist of a reasonable number of members for the purpose of cost and efficiency.

9.1.5 Members of negotiating teams will speak only with concurrence of the Chief Negotiator of the team to which they belong.

9.2 Meeting Arrangements

9.2.1 Meetings will be held in Ottawa, Montréal and Northern Quebec, or in other places as the Chief Negotiators may from time to time agree.

9.2.2 Meetings will generally be held on a monthly basis and will normally be of five (5) days' duration each including travel time.

9.2.3 Cost of negotiating meeting facilities will be paid by the hosting party.

9.2.4 Negotiating meetings will not be formally chaired by any Party or person;

9.2.5 There will be no smoking at the negotiating table. There will be smoke breaks, as necessary.

9.2.6 There will be no observers during the negotiating meetings.

9.2.7 When additional accredited team members are required for the discussion of a specific agenda item, a tentative time for that item will be agreed upon.

9.2.8 Negotiating meetings will be closed to the public.

9.2.9 At the end of each meeting, the date and location of the next meeting and the agenda will be agreed upon.

9.3Sub-Committees

Sub-committees may be struck by the Chief Negotiators as needed, with specific mandates and time frames, and will report to the main negotiating table.

9.4 Common Record of Meetings

9.4.1 The Government of Canada will be responsible for the maintaining of the common record of each meeting of the main negotiating table. The common record shall consist of the agenda, attendance, tabled and exchanged documents and texts, decisions and action items.

9.4.2 The common record of the previous meeting will be distributed prior to the next meeting at which time it will be reviewed and approved and can be amended and corrected, if necessary.

9.5 Production of Documents and Proposals

9.5.1 As a general rule, the method of work shall consist of formulating proposals and counter-proposals on each Subject-Matter to be negotiated, with Makivik normally initiating proposals. Discussions shall begin, in general, on the basis of Makivik proposals. Notwithstanding the foregoing, Her Majesty may also table proposals.

9.5.2 To the extent possible, relevant documents and the common record will be circulated by telecopier or other appropriate means to the Parties at least ten (10) working days prior to the meeting at which those documents are to be discussed.

9.5.3 All correspondence and documents will be exchanged through the Chief Negotiators.

9.6 Language, Interpretation and Translation

9.6.1 Negotiations will be conducted in English.

9.6.2 All documentation, proposals and the common record will be in English.

9.6.3 Makivik will normally have an Inuit interpreter/translator present at negotiating meetings to provide interpretation/translation services required by Makivik.

9.6.4 The authoritative text of this Agreement, the Agreement-in-Principle and the Final Agreement shall be in English and French, but Canada will fund an official Inuktituut translation.

9.7 Drafting of Agreements

9.7.1 The Chief Negotiators will initial texts as agreed at negotiating meetings.

9.7.2 Canada will maintain a consolidated working version of all initialed texts. Canada will circulate these texts and revisions thereof to the Parties and new entries or amendments will be verified by Makivik.

9.7.3 The parties will prepare the legal text of agreements based on the consolidated working versions.

List of Tabled Documents

Canada will prepare and distribute a list of documents exchanged since the last meeting which will become part of the common record for that meeting.

9.9 Production of Agreement-in-Principle and Final Agreement

Canada undertakes to produce all the necessary copies of both the draft and executed versions of the Agreement-in-Principle and both draft and executed versions of the Final Agreement.

10. INTERPRETATION OF THIS AGREEMENT

This Agreement is made on a 'without prejudice' basis and nothing in this Agreement is to be interpreted as creating, recognizing or denying rights of the Parties.

11. FUNDING OF THE NEGOTIATIONS

Canada formally undertakes to ensure adequate loan funding to Makivik Corporation for the duration of active negotiations subject to yearly appropriations of funds by Parliament for this purpose. The budget will be established annually by agreement between Makivik and Canada to support the level of activity of the negotiations.

12. LEGAL NATURE OF THE FINAL AGREEMENT

The Final Agreement shall constitute a land claims agreement within the meaning of Section 25 and Section 35 of the Constitution Act, 1982, as amended.

13. CONTINUATION OF PROGRAMS AND FUNDING

During the negotiations, the Parties agree that government programs and funding, and the obligations of government shall continue to apply to the Northern Quebec Inuit on the same basis as to other Inuit of Canada, subject to the criteria established from time to time for the application of such programs.

14. RIGHTS OF CITIZENS

Nothing contained in this Agreement shall prejudice the rights of Inuit of Northern Quebec as Canadian citizens of Quebec, and they shall continue to be entitled to all of the rights and benefits of all other citizens as well as those resulting from any other legislation applicable to them from time to time.

15. AMENDMENTS

Section 9 of this Agreement can be amended by the Chief Negotiators but Sections 1 to 8 and 10 to 16 can only be amended by the Parties.

16. DEFINITIONS

The term "government" can be defined as meaning:

1. the Government of Canada;
2. the Government of the Northwest Territories or its successor or successors, or
3. both,

depending upon which government or governments have responsibility, from time to time, for the matter in question, and this term shall include departments, agencies or officials duly authorized to act on behalf of the bodies named above.

SIGNED in Toronto, on the _______day of__________, 1993.

FOR:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

THE INUIT OF NORTHERN QUEBEC

On behalf of the Government of Canada

On behalf of Makivik Corporation

_________________________

_________________________

_________________________

_________________________

_________________________

_________________________

On behalf of the Government of the Northwest Territories

_________________________

_________________________

_________________________

_________________________

_________________________

_________________________

_________________________

____________________________

Back to Agreements Index