5. Government of Canada

5.1 Implementation from a Federal Perspective

5.1.1. Coordination of Federal Implementation Activities

The Implementation Branch (IB) of Indian and Northern Affairs Canada (INAC) is responsible for monitoring federal government activities in order to ensure the Government of Canada is meeting its obligations under the Nunavut Land Claims Agreement (NLCA). IB consulted regularly on implementation matters with government officials in INAC and other departments, and exchanges information with implementation managers for the Government of Nunavut (GN) and Nunavut Tunngavik Inc. (NTI) on policy, legal, and administrative matters pertaining to implementation.

Many issues have been raised by all parties to the NLCA in this Annual Report. It is to be expected that divergent perspectives will evolve in the course of implementing an agreement as complex as the NLCA. While INAC does not share the same view as NTI and GN on many of the issues explored in this report, we respect the right of all parties to their perspective, and to raise awareness of the challenges faced in implementing the Agreement.

5.1.2. Implementation Funding under the Nunavut Land Claims Agreement

IB is responsible for managing funding arrangements with the GN and all implementing bodies established by the NLCA, as well as for capital transfer payments to the Nunavut Trust. A list of Implementation-related funding follows this section.

Throughout the reporting period, Canada provided uninterrupted funding to the GN and the Institutions of Public Government (IPGs) to ensure their sustained and effective operation. Their funding flowed on an annual basis at the level of the last offer Canada tabled during the negotiations, representing an average increase of 25 percent for the IPGs and 33 percent for the GN over the first 10-year period.

IB consulted with all implementing bodies to assess their funding requirements to year-end, and made recommendations to the Panel on requests for carry forward funding. As a result of an increase in development activities in Nunavut’s mining sector, Canada provided nearly four times the original funding estimates to the Nunavut Water Board and the Nunavut Impact Review Board for public hearing costs.

On January 7, 2002, the Minister announced new rates for chairs and members serving on territorial IPGs effective October 1, 2000. All Nunavut boards were eligible for this increase and, in compliance with the new rates, Canada processed retroactive payment to the boards.

5.1.3. Status of Contract Negotiations as of March 31, 2004

The Implementation Contract is of indefinite duration, and may be terminated only upon written consent of all parties. The first planning period ended on July 9, 2003; in July 2001 the parties entered into negotiations for the purpose of determining the levels of funding required to implement the NLCA during the second planning period.

By January 2003, negotiations to update the Implementation Contract had reached an impasse, principally due to differing interpretations of the obligations described in the NLCA. Key issues contributing to the impasse were levels of implementation funding for the Government of Nunavut, approaches necessary to implement Article 23; and issues relating to the updating of the General Provisions of the Contract.

In May 2003, negotiations resumed following the appointment of a new federal negotiator.

The parties now intend to embark on a new approach, engaging a recognized problem solver to prepare an objective assessment of the issues contributing to the impasse and develop mutually acceptable solutions.

5.1.4. Challenges Identified from 2001 - 2004

Federal Involvement at the Nunavut Implementation Panel The Nunavut Implementation Panel (NIP) is responsible for overseeing the implementation of the NLCA. The Government of Canada restored senior-level representation by appointing the Director General of the Implementation Branch to the Nunavut Implementation Panel in October 2003.

Canada is committed to utilizing the NIP as a forum for resolving issues and disputes, and for fostering positive relationships amongst the parties. It was therefore a matter of some concern to Canada that NTI and GN were unwilling to meet regularly at the panel level during the period covered by this Annual Report. During negotiations Canada tabled many suggestions to promote better management, decision-making, and problem solving by the Panel. INAC’s goal is to help panel members to work together to create a cooperative, collaborative and effective instrument for implementation.

Article 23
An Umbrella Inuit Employment Plan (UIEP) was developed by the Nunavut Federal Council, a group with representation from all federal departments with programming in Nunavut, to cover the period from 2002-2007. The UIEP will be used as a basis for internal discussions with other federal government departments to address barriers to Inuit employment in government.

INAC contributed approximately $2 million per year to training through the Student Career Placement and Summer Science Programs. INAC also provided approximately $160,000 per year to Nunavut Sivuniksavut (NS) through the post-secondary school support program. NS is a specialized program that assists Inuit youth preparing for further post-secondary studies and jobs.

Human Resources and Skills Development Canada (HRSDC) conducted the initial Inuit Labour Force Analysis. HRSDC provides funding to the Nunavut Bureau of Statistics to ensure that the labour force analysis is continually updated and conducted for at least the next three years through targeted program funding.

In March 2004, INAC and the GN released a joint Study on Matters Affecting the Implementation of Article 23. The report contained several recommendations to assist Government in achieving the Article’s objectives.

The GN and NTI have requested that Canada provide funding for short-term and longer-term initiatives to address the objectives of Article 23 in a renegotiated Implementation Contract. Canada continues to support the establishment of a process and plan that will enable the parties to cooperatively address the broader issues of education attainment, language of work and social issues impacting on the availability and ability of Inuit to qualify for public sector employment.

Article 24
Article 24 states that government shall provide reasonable support and assistance to Inuit firms in order to enable them to compete for government contracts. INAC fulfills its obligation under Article 24 through the issuance of Contracting Notices by Treasury Board.

Senior policy analysts from Public Works and Government Services Canada (PWGSC), the Treasury Board Secretariat (TBS), and the Director General of IB met with NTI to discuss Article 24. The parties agreed that additional work is required to address the implementation of Article 24.

In October 2002, NTI tabled a draft Memorandum of Understanding (MOU) calling for the creation of a Steering Committee and Working Group to address the issue of Article 24. In response Canada proposed, in December 2002, that a letter co-signed by the Director General of INAC, TBS, and PWGSC be used as the vehicle to proceed with the work of the proposed Steering Committee and Working Group. The Working Group would explore the basics of contracting and procurement, review existing economic development activities in Nunavut, and map out key business activities and procurement opportunities. Canada awaits a response from GN and NTI on this federal proposal.

5.2. New Developments Impacting Federal Approach to Implementation

5.2.1. Publication of the Implementation of Comprehensive Land Claim and Self-Government Agreements Handbook

In 2003, INAC published “Implementation of Comprehensive Land Claim and Self-Government Agreements: A Handbook for the Use of Federal Officials”. Among other things, the purpose of the Handbook is to capture, under one cover, the most up-to-date lessons and information available on the key principles and phases of implementation of agreements signed under federal policies for self-government and comprehensive land claims. It guides federal implementation practitioners as they embark on the implementation challenge, whether at the front end of preparing and planning for the implementation of agreements, or at the post-effective-date stage of overseeing their actual implementation.

The Handbook serves as a useful source of general implementation information for IB practitioners. It will also be helpful to other stakeholders and interested parties interested in the processes and relationships emerging from negotiated land claim and self-government agreements.

5.2.2. 2003 Report of the Auditor General of Canada

In November 2003, the Report of the Auditor General of Canada was issued. Chapter 8 of the Report specifically addressed INAC - Transferring Federal Responsibilities to the North. The Auditor General recommended improvements in the areas of annual reporting, dispute resolution, updating the land claims obligations database, and increasing INAC’s coordination framework. In March 2004, INAC drafted a Follow-Up Action Plan in response to the Report. One of the priorities identified in the action plan is a workshop with all parties and stakeholders in the North on results-based reporting. It is anticipated that the workshop will take place within a year, and will focus on managing federal responsibilities set out under the agreements in a way that achieves results.

5.2.3. Canada-Aboriginal Peoples Roundtable

The Canada-Aboriginal Peoples Roundtable is scheduled to take place on April 19, 2004, in Ottawa. The Prime Minister of Canada, the Minister of INAC, the President of ITK, Jose Kusugak, and AFN National Chief Phil Fontaine are all expected to participate.

The goals of the Roundtable are to renew the relationship between the Government of Canada and Aboriginal leadership, and to discuss meaningful ways of making tangible progress on improving the health and well-being of Aboriginal peoples and communities. The roundtable process demonstrates a collective commitment to move forward in a new partnership that will achieve solutions to these issues.

5.2.4. Land Claims Agreement Coalition

In November 2003, Aboriginal leaders representing all of the Aboriginal peoples of Canada who have entered into land claims agreements since 1975 met together in Ottawa. “Redefining Relationships: Learning from a decade of Land Claims Implementation” was a two-day conference attended by more than 350 people, including Aboriginal leaders, policy makers, and politicians. INAC partially funded the conference, and many senior federal officials attended and participated in the discussions.

5.2.5. Shift in Political Climate

The 2003 Report of the Auditor General of Canada, the Canada-Aboriginal Roundtable, and the Redefining Relationships Conference are expected to produce a shift in the climate of implementation of self-government and comprehensive land claims agreements. The shift will likely result in a review of INAC implementation practices. INAC is committed to strengthening the relationship with GN and NTI, and to responding to issues that arise in the implementation of the agreement in a collaborative and solution-oriented fashion.

5.2.6. Conclusion

During the 2001-2004 reporting period, significant challenges to implementing the NLCA were encountered. However, Canada remained committed to working with its partners to successfully implement the obligations contained in the NLCA.

An important corner has been turned. The parties’ challenge will be to find a way to respect differing points of view, resolve differences, solve problems and work together effectively to implement and assess the impact of the Nunavut Land Claims Agreement.

5.3. Environment Canada

5.3.1. General

Environment Canada (EC) opened its Nunavut office in Iqaluit in 1999, and currently maintains a staff of seven employees dealing with wildlife, environmental assessment, contaminated sites, pollution enforcement and weather stations. Field programs by EC-Canadian Wildlife Service (CWS) in Nunavut involved over 20 contractors, including at least five Inuit field assistants.

5.3.2. Article 5: Nunavut Wildlife Management Board

The objective of Article 5 is to create a system of harvesting rights, priorities and privileges, and wildlife management, including the establishment of the Nunavut Wildlife Management Board (NWMB).

Environment Canada continues to fulfill its obligations relating to the NWMB. The Department presented a summary of its wildlife research in Nunavut to the NWMB, including activities related to the new Species At Risk legislation, and key wildlife priorities in each region of Nunavut. EC staff participated in the NWMB’s bi-annual wildlife priority-setting process.

5.3.3. Article 9: Inuit Impact Benefit Agreements

Article 9 defines obligations relating to conservation areas in Nunavut, including conservation and management of existing and new conservation areas, and Inuit Impact and Benefit Agreements (IIBAs). In 2001, negotiations were initiated between Designated Inuit Organizations (Nunavut Tunngavik Incorporated, the three Regional Inuit Associations, and the Clyde River Hunters and Trappers Organization) and CWS to develop an umbrella IIBA that would cover all of CWS’ Conservation Areas in Nunavut. The previously-initiated Igaliqtuuq IIBA will be negotiated as part of the umbrella IIBA.

5.3.4. Article 11: Land Use Plans

Environment Canada provides reviews and information on land-use planning in Nunavut to the Nunavut Planning Commission. During the reporting period, land use plans for South Baffin and West Kitikmeot regions were reviewed, and further discussions were held regarding permits and interactions between various non-government organizations in Nunavut.

Environment Canada-Environmental Protection Branch (EPB) staff participated in the clean-up of contaminated sites in Nunavut, reviewing proposals for the clean-up of abandoned DEW Line Sites, participating in site investigations, and administering the Federal Contaminated Sites Accelerated Action Plan.

5.3.5. Marine Areas

In 2004, EC produced “Key Marine Habitat Sites for Migratory Birds in Nunavut and the Northwest Territories”, an important document for future environmental assessment and land use planning for marine regions.

5.3.6. Article 12: Development Impact

The Department continued to review project proposals and provide advice to the Nunavut Impact Review Board (NIRB). EC-CWS"EPB staff also participated in the implementation of project certificates issued by the NIRB.

5.3.7. Article 13: Water Management

EC supports the water licensing process in Nunavut through the provision of advice to the Nunavut Water Board regarding applications, and by taking part in public hearings on water license applications.

5.3.8. Article 23: Inuit Employment

As part of EC’s Inuit Employment Plan, one Inuit beneficiary is currently in an indeterminate position as a wildlife technician with the CWS office in Iqaluit. He completed his B.Sc. in Biology at University of Alberta early in 2004, having worked for CWS as a summer student throughout his post-secondary studies. In addition to this new, permanent employee, most EC field programs hire and train individuals from nearby communities to work as wildlife research assistants.

The Department is engaged in several initiatives to develop employment and training opportunities for Inuit. EC staff participated on the regional management committee of the Environmental Capacity Development Initiative, which supports Inuit communities, people and economies in building capacity in environmental stewardship. EC staff also took part in the Nunavut Science Outreach committee, an interagency group of government and university scientists who encourage youth to take an interest in science.

EC worked with communities to gather local ecological knowledge for migratory bird management, and is presently investigating changes in sea ice and the occurrence of certain species of seabird, in partnership with the communities of Resolute Bay and Pond Inlet. In these and similar initiatives, EC hires local contractors and pays honoraria to interviewees.

5.4. Fisheries and Oceans Canada

5.4.1. Licensing Sector

Activities of the Licensing Sector during the period ranged from the administration of licensing duties to participation in departmental and interdepartmental programs, on both regional and national levels. The Licensing Sector’s primary responsibility has been the production and delivery of commercial, scientific and experimental fishing licenses, Marine Mammal Transportation licenses, Domestic Fishing Licenses, Commercial Trade Records and the issuance of Convention on International Trade in Endangered Species (CITIES) permits. New and emerging Fisheries in Nunavut directly influence licensing of each of these responsibilities.

Emerging fisheries (such as crab, mollusks, seaweed, sea urchins and clams) fall under the mandate of the Licensing Sector of the Eastern Arctic Area office. The Sector worked closely with the Department of Fisheries and Oceans’ (DFO’s) co-management partners to ensure the sustainable development of Nunavut’s emerging fisheries in accordance to the principles of fisheries management. Sanctioned areas covered under each license type include inland waters, waters within the Nunavut Settlement Area (waters of the 12 mile limit) and waters offshore.

Recent initiatives by the Area Licensing Administrator include the fishery observer program, new experimental licenses for emerging fisheries, the Qikiqtarjuaq food safety protocol for bi-valve molluscan shellfish, initiatives for the off-shore shrimp industry, monitoring of offshore ground fishery and shrimp fishery, vessel replacement for the offshore fishery, and vessel tracking management in which offshore vessels are tracked digitally by satellite. The Area Licensing Administrator updates and compiles statistical data for regional and national reporting systems, and is a member of the Fishery Ocean Observer Program, Vessel Tracking Management, Northern Shrimp Advisory Council, and Atlantic Fisheries Review Panel.

5.4.2. Conservation and Protection

The Conservation and Protection Sector worked closely with communities to promote wise use and harvest of marine mammals, fish and habitat, and to keep communities informed on issues as they arose, through conservation education presentations for school children, public gatherings, and individual adults.

The staff of Conservation and Protection for Nunavut is comprised of an Area Chief, two Field Supervisors in Iqaluit and Rankin Inlet, and two Fishery Officers, again in Iqaluit and in Rankin Inlet. Three Fishery Officers from Ontario worked in Rankin Inlet area during the 2004 season to assist existing staff and gain northern experience.

The monitoring of hunts in communities under Community Base Management for Narwhal and Beluga was a priority for Conservation and Protection. Patrols took place in Mittimatalik (Pond Inlet) to monitor the floe edge narwhal hunt, and in Repulse Bay for the open water hunt. Conservation and Protection staff monitored Iqaluit beluga as well; few belugas, however, ventured into Frobisher Bay. Plans are in place to conduct further monitoring in two additional communities that have fall hunts. DFO will continue to work closely with the NWMB, RWOs and local HTOs to prepare for the Bowhead whale hunt approved for 2005 or 2006.

Domestic and sport fisheries for char on the Sylvia Grinnell River were also monitored. This was the third year of a closure for netting and snagging, and joint patrols were conducted in cooperation with Nunavut Government enforcement officers.

Other activities of Conservation and Protection included distribution of Narwhal tags, issuance of fishing licenses, gathering and compiling harvest data, monitoring harvesting, and attending meetings with co-management partners under the Nunavut Land Claims Agreement and other groups.

5.4.3. Fishery Legislation

The DFO legal division in Ottawa is reviewing the draft of the new Nunavut Fishery Regulations. It is uncertain at this time when the Legislation will be ready for further discussion and consultation. DFO plans to participate in the consultation process to seek community feedback on the proposed regulations.

5.4.4. Fisheries Management

Community-based management systems for whales were modified and expanded during the period, and are now well established in seven Nunavut communities. These are an effective alternative to a quota-based system. Fisheries Management staff are actively assisting HTOs with drafting rules and working with other partners, including the NWMB, NTI, Regional Wildlife Organizations (RWOs) and Hunter Trapper Organizations (HTOs). In an ongoing effort to involve the communities, DFO staff members visited and successfully held public consultation meetings in all affected communities.

A Fisheries Management Plan for the char fishery is currently being drafted in partnership with Pangnirtung. The process has strengthened the partnership between DFO and the community, an outcome the Department hopes to replicate in other community char fisheries in Nunavut.

Traditional knowledge is an integral aspect of managing Nunavut’s resources. DFO worked closely with the Amarok HTO and the NWMB to develop a stock assessment and management plan for the Sylvia Grinnell River, resulting in the closure of the river to some forms of fishing in August 2002. The collection of traditional knowledge from hunters in Repulse Bay and Hall Beach also informed the development of a management plan for Northern Hudson Bay narwhal.

5.4.5. Habitat Protection

Habitat Management ensures that mining exploration, mining, and mine decommissioning (closure) in Nunavut are conducted within habitat protection guidelines. DFO worked with stakeholders, including representatives of industry, territorial and federal governments, IPGs and DIOs, to fulfill this habitat protection mandate.

DFO is participating in several environmental assessments in Nunavut. These include:

• Decommissioning and reclamation of the Nanisivik and Polaris mine sites, conducted in cooperation with NWMB and NIRB. These included studies of metal concentrations in sediments and fish, undertaken in 2003;
• The NIRB technical review and public hearings for the Doris North Gold Project. DFO assisted the NIRB in determining whether the project should receive approval and, if approved, under what terms and conditions.
• The Bathurst Inlet Port and Road Project Part 5 review under the NLCA. DFO attended public consultation meetings in Yellowknife and Cambridge Bay to offer input to the NIRB on developing a scope of assessment;
• The Tahera Diamond Project, which should receive its project certificate from the NIRB within the next few months;
• Meadowbank Gold project, which is expected to submit a draft environmental impact study in the coming months. Meadowbank is currently being reviewed under Part 5 of Article 12 of the NLCA;
• A review of the High Lake project (lead/zinc and gold mine), scheduled to begin when a project description is submitted to the NIRB. Upon receipt, it can be determined whether the project should be reviewed under Part 5 or Part 6 of Article 12 of the NLCA;
• Numerous scientific research, community infrastructure and development projects reviewed during the period in collaboration with the NIRB, NWB and the GN Departments of Community Government & Transportation and Public Works & Services. Projects included breakwater and marine supply facility construction, bridge construction and repair, sewage lagoon creation, research and exploratory mining camp use, exploratory drilling, DEW line site clean-ups, and water licence applications and renewals.

5.4.6. Inuit Employment

DFO worked with other federal departments to create an Umbrella Inuit Employment Plan that shows an Inuit employment level within the Department of approximately 31 percent as of March 2004. DFO will continue its efforts to achieve the goal of representative Inuit employment, both within the Department and through participation with the Nunavut Federal Council

5.4.7. Oceans Management

Much work was done early in the period to establish and foster relationships with DFO partners and stakeholders in Nunavut. This included the development of an oceans management strategy for the Kivalliq region, as well as an issues scan in the Qikiqtaaluk region. A working group was formed with DFO partners to develop integrated management plans for Western Hudson Bay; DFO staff also worked with the World Wildlife Fund on Bowhead Whale Habitat Stewardship funding in Iqaliqtuuq.

Staff developed annual plans to implement Species at Risk programs in the Eastern Arctic. They also began the mapping of critical habitat of Bowhead whales and an ecosystem overview of Beluga whales in Cumberland Sound, in cooperation with the community’s recovery planning process.

A Departmental review of oceans management work in Canada’s north during the 2003-2004 fiscal year resulted in a decision to focus on one Arctic project. Work in the Western Arctic was determined to be of high priority, and more advanced than efforts elsewhere; integrated management planning work in the central and eastern Arctic was therefore suspended. Resuming work in these regions remains a longer-term departmental objective, once sufficient resources have been identified.

5.4.8. Partnerships

DFO , in collaboration with the NWMB, NRI, Environment Nunavut, and EC, shared research centre resources through the Resource Centre Coalition’s searchable database. DFO continues to enjoy excellent working relationships with IPGs, RWOs, HTOs and the NWMB, and to implement leadership initiatives with our partners.

5.4.9. Research

The Nunavut Implementation Fund contributed to 33 research projects during the period. Data collection and research is carried out by DFO personnel in the Nunavut Settlement Area and analyzed in the Department’s research facility, the Freshwater Institute, in Winnipeg. Several of these projects are co-funded by NWMB, Nunavut Department of the Environment, and INAC.

DFO continues to involve communities in project development and approval, and to use community resources where available. Projects funded by Nunavut Implementation Funding have included include Baffin Bay Narwhal and Beluga Movement, Turbot Age Verification, Identification of Eastern Arctic Narwhal, Narwhal Genetics, Assessment of Cambridge Bay Commercial Fishery, Nuclear DNA Analysis in Turbot, Walrus Capture/Recapture, South Eastern Baffin Beluga Movement and Dive Behaviour, Cumberland Sound Charr Winter Fishery Assessment, Walrus Tagging, Marine Mammal Diseases, Benthic Stock Assessment in Nunavut Communities, Nelson River Beluga Biopsy/Dive Study and Sylvia Grinnell Arctic Charr Stock Assessment. Results of previous studies and ongoing research were presented in nine communities in March 2004.

5.5. Department of Canadian Heritage (PCH)

The Department of Canadian Heritage (PCH) became increasingly involved in Nunavut through a variety of policy, program and special initiatives during the reporting period.

At the 2001 Parks Canada Round Table on Aboriginal Tourism, the Minister of Canadian Heritage announced that a national event would be held on Aboriginal arts and culture. The Aboriginal Advisory Group set up to advise PCH on the planning of the event recommended that PCH commit to hosting a series of three National Gatherings celebrating Aboriginal arts and culture. National Gatherings were held beginning in June 2003 on the themes of Aboriginal Artistic Expression, Aboriginal Cultures and Tourism and Indigenous Traditional Knowledge. The National Gatherings engage Aboriginal communities and Inuit beneficiaries across Canada in dialogues that result in a deeper understanding of each of these areas.

During the 2003-04 fiscal year, PCH undertook program renewal consultations for all social and cultural programs delivered through the Department. Each of the 13 programs related to Inuktitut language, Aboriginal youth, women and political development, political organization core funding and Northern broadcasting was reviewed. Each program underwent recipient and program audits with management responses; the review included one national consultation, including Inuit representation. The renewal consultations will continue into 2004-05, and will be instrumental in addressing delivery, design and policy challenges, particularly relating to Inuktitut language in Nunavut and government responses.

In partnership with Industry Canada/PCH Trade Routes, the Department of Foreign Affairs and International Trade, and Canada Council for the Arts, PCH undertook an extensive series of workshops, presentations, one-on-one client meetings and trade missions on the theme of promoting art and culture in Nunavut at the Nunavut Trade Show in May 2003. Inuit beneficiaries, NTI, Government of Nunavut officials and professional arts and heritage service organizations had the opportunity to discuss policy gaps, funding programs and delivery issues relating to arts and cultural development. Key topics and programs included books and magazines, film, video and new media, artist grant funding, festivals and presenting, culture online, museums and heritage development, and global trade, exporting and international business development.

The Government of Nunavut released its Final Report relating to a proposed Nunavut Heritage Centre in 2003 and met with the Deputy Minister and Assistant Deputy Minister of PCH to discuss a 50 percent capital partnership for the facility (approx. $25 million). PCH officials noted significant gaps in analysis vis-à-vis the role, responsibility and mandate of Nunavut Tunngavik Incorporated and the Inuit Heritage Trust respecting Article 33, 34 and heritage issues in Nunavut. The Deputy Minister advised the GN to identify partnership opportunities with NTI/IHT on the project, and particularly to determine how Inuit land claim archives and archaeological/cultural specimens would be co-managed. NTI/IHT has taken a leadership role in engaging the Government of Nunavut on this important initiative.

5.6. Human Resources and Skills Development Canada/Social Development Canada (Formerly HRDC)

Human Resources Development Canada (HRDC) became two departments in December 2003: Human Resources and Skills Development Canada (HRSDC) and Social Development Canada (SDC).

HRSDC was one of the departments participating in the NTI/Government of Canada Article 23 Working Group, which completed its work in May of 2003. The Working Group agreed on content for a Government of Canada Umbrella Inuit Employment Plan and Annexes for departments with more than three employees in the Territory. The Plan and Annexes set overall Government of Canada employment targets for three and five years. HRSDC has established targets of 61 percent Inuit employment by 2005 and 70 percent Inuit employment by 2007. The HRSDC Annex also established an entry-level, pre-employment position, designed to provide opportunities for individuals to explore career options within the Department.

HRSDC’s Inuit employment rate is 58 percent as of March 2004. All employees working with SDC are Inuit. Both Departments will continue to operate under the approved annex, which reviews pre-employment, recruitment and retention practices.

5.6.1. Pre-Employment

The Department created an entry level training position, and filled it with a one-year term employee in January 2004. The intern has so far received training in the areas of Employment Insurance Front End and Income Security Programs.

5.6.2. Recruitment

Hiring practices have been modified to better accommodate northern realities. Every effort is now made to ensure that the materials advertising positions appear in the appropriate languages in all Nunavut communities. Orientation sessions are provided prior to interviews to ensure that candidates are as comfortable as possible with the process. All boards include community members fluent in the appropriate dialect so that candidates can respond to questions in Inuktitut if they prefer. Direct appointments are utilized when a candidate with the required skill sets and competencies is identified, a progressive measure wholly consistent with the merit principle.

5.6.3. Retention

Housing policies have been reevaluated to better address the needs of local hires. All staff who do not own homes and request housing are eligible for subsidized federal housing units. Flexible work arrangements have been encouraged to enable staff to participate in traditional activities on the land. Inuit staff are also encouraged to organize IQ (Inuit Qaujimajatuqangit) staff days, and to participate in activities organized by other departments whenever possible.

HRSDC also participated in the Training and Development Committee of the Nunavut Federal Council which has done a considerable amount of work to bring training opportunities to Nunavut.

5.7. Indian Affairs and Northern Development

5.7.1. Development of Implementation Legislation

Indian and Northern Affairs Canada (INAC) began the process of developing the remaining legislation required to implement Articles 11 and 12 of the Nunavut Land Claims Agreement, which pertain to land use planning and development impact assessment respectively.

The Nunavut Legislative Working Group (NLWG), composed of officials representing the Government of Canada (INAC, DOJ and EC), the Government of Nunavut, Nunavut Tunngavik Incorporated, the Nunavut Planning Commission (NPC) and the Nunavut Impact Review Board (NIRB), met many times during the reporting period. The NLWG has taken a co-operative approach to addressing issues. Consensus has been reached on a number of operational and other complex issues, including the prevalence of land use plans vis-à-vis other legislation, the timing of conformity determinations in relation to the establishment of national parks, and the geographical application of the legislation to Nunavut rather than just the Nunavut Settlement Area. Other issues, such as the application of the Canadian Environmental Assessment Act in Nunavut and the role of the NPC on Inuit-Owned Lands, remain unresolved.

Legislative drafting instructions are now being developed. It is hoped that legislative drafting will begin in Spring 2005, once authorizations have been obtained.

The Government of Canada remains committed to ensuring that Inuit are consulted in the design and delivery of programs that affect them. Nationally, federal departments have begun work with Inuit Tapiriit Kanatami (of which NTI is a member) on a regular "best practices" forum. Through this forum, ITK and federal departments highlighted programs where Inuit have felt they were satisfactorily included in federal processes. Based on these models, the forum plans to develop guidelines which federal programs can use in the development of policies and programs to ensure these best practices are consistently employed.

5.7.2. Water Management

The Water Resources Section provided support to reviews and licensing processes spanning municipal, mineral exploration and mining activities. These included the closure of Lupin, Nanisivik and Polaris mines, as well as the Jericho, Doris North and Meadowbank mine reviews.

The Nunavut Regional Office (NRO) maintained an active regime of sampling at DEW line sites and areas slated for remediation, and baseline sampling in areas of potential mineral development. A strong and positive relationship has been maintained with the NWB.

In March of 2004, the Division renewed an agreement with the Kivalliq Inuit Association (KIA) to provide support for baseline water sampling and related training to any individual identified by the KIA for an additional two years.

5.7.3. Mineral Resources

Under Article 19.9.1 of the NLCA, the NRO is responsible for establishing a process with DIOs for notification of discovery of any deposits of carving stone on Crown lands. No carving stone was discovered during the review period.

Staff continued to visit active exploration and mining projects, and conducted research on mineral occurrences and deposits.

Activities in conjunction with other regional office sections included enforcement of the Canada Mining Regulations (with Land Administration); review of proposed land use plans (Environment & Contaminants lead) and environmental assessment for the proposed Jericho, Doris North and Meadowbank mines, as well as the Bathurst Inlet Road and Port project (E & C lead). The Mineral Resources staff worked in partnership with NTI and GN- Department of Economic Development & Transportation (ED&T) in promoting Nunavut's mineral potential at mining conferences and through publications.

5.7.4. Environmental Management

The NPC drafted a land use plan for the West Kitikmeot Region. The plan, however, required extensive revision, and it was not submitted for approval. Activity has also been underway on a number of other plans. There was no action required in terms of proposing amendments to land use plans (11.6 1 NLCA) during the review period. Initial work has been completed on the identification and prioritization of waste sites for clean-up. Given recent commitments of the GOC to remediating contaminated sites, this is expected to become an area of increased activity.

No work was undertaken toward the negotiation of transboundary environmental impact agreements mandated by Article 12.11.2 of the NLCA. This topic requires further consideration and discussion with many stakeholders due to its complex nature.

5.7.5. Land Administration

The Land Administration section of the NRO is tasked with administering crown land, both surface and subsurface, throughout Nunavut.

Pursuant to Article 5, Part 8, Inuit were given the right of first refusal prior to processing land applications received for new sports or naturalist lodges in the Nunavut Settlement Area. In accordance with Article 7, crown lands were made available without fees for clients’ outpost camps which were approved by local HTOs, and which also received a positive screening through the NIRB.

Working closely with the NIRB to meet Canada's obligations under Article 12 of the NLCA, the NRO-Lands Administration forwarded 21 crown land disposition applications, 63 land use permit applications and 87 quarry permit applications to NIRB for review and screening. NRO-Lands Administration also participated in the NIRB Part 5 review of the Tahera Diamond Corporation final environmental impact statement.

In 2003/04 Lands Administration worked cooperatively with the NWB to review and approve the Polaris Mine closure and subsequent reclamation work. The Department also participated in the NWB review process for the abandonment and reclamation plan for the Nanisivik mine.

As specified in Article 19, the NRO-Land Administration began receiving legal survey plans of selected parcels of Inuit Owned Land for review. INAC requires approval of all such surveys. INAC has received and signed off approximately 450 survey plans, with the remaining plans to be forwarded for review and approval.

Article 19.8.17 and 19.8.18 further specify that the Mining Recorder is responsible for resolving disputes in accordance with the provisions of the Canada Mining Regulations in existence at the date of ratification of the Agreement. To date, no disputes have been registered with the Mining Recorder.

Under Article 21.7.2, the Mining Recorder's Office pays quarterly lease rental payments to NTI on grandfathered subsurface rights, and continues to administer these third party rights acquired prior to the date of ratification of the Agreement. Any recorded claims in existence at the date of ratification of the Agreement can be taken to lease under the Canada Mining Regulations. With the completion of a legal survey of the claim, the Crown is able to determine the amount of subsurface Inuit Owned Land contained in the lease, and then forward any rental payments collected to NTI once the lease of the claim is issued. In 2003/04 there were approximately 60 leases of this type administered by the Mining Recorder's Office.

5.7.6. Corporate Services

Inuit Employment Plan (Article 23.4.1-2)
The Regional Executive Committee approved the NRO Inuit Employment Plan in May 2002. It was then incorporated and consolidated into the Nunavut Federal Council's umbrella federal Inuit Employment Plan, and was approved by the GOC-NTI Working Group in May 2003.

The NRO Inuit Employment Plan sets out specific goals and commitments for promoting the NRO as an employer of choice. It identifies impediments, barriers and policies affecting Inuit employment; sets out measure for fostering an environment that supports Inuit culture; and provides Inuit employees with training and development opportunities. The overall goal is to increase the Inuit representation over the next five years.

Progress to date has established a strong foundation to enable a steady increase in levels of Inuit representation within NRO. For example, an Inuk employee has just completed technical training and has been appointed Pay and Benefits Advisor. NRO has also made a commitment to hire 5-6 Inuit summer students each year, and managers are committed to providing them with learning and training opportunities.

Article 24.3.1-5 - Government Contracts
The NRO is an active member of the federal Article 24 working group. Inuit firms are invited and given the opportunity to bid on all NRO contracts. For example, for the last three years, NRO has awarded the major contaminated site clean-up contract in Nunavut (a value of over $20 million to date) to an Inuit-owned corporation.

5.8. Natural Resources Canada – Legal Surveys Division

5.8.1. Article 19.8.8: Inuit Owned Lands

Article 19.8.8 states that the boundaries of Inuit Owned Lands parcels as described in the Descriptive Map Plans may be surveyed. This required the survey and demarcation of approximately 1155 Inuit Owned Lands parcels, 12 Jointly Owned Lands parcels, and all Crown Land areas excluded from these parcels.

5.8.2. Survey Projects

All parcels for the Nunavut Land Claims program have been surveyed to isolated boundary standards. Survey plans were prepared and, upon ratification by the parties, were recorded in the Canada Lands Surveys Records (CLSR) and delivered to the Registrar of Land Titles.

5.8.3. Plan Ratification Process

Plans are recorded in the CLSR and Land Titles Office where appropriate.

The large volume of plans being processed through the various ratification stages and final recording to Land Titles Office is creating a major challenge for regional entities and government departments, and some plans remain at the final review stage for ratification and registration; but all parcels have been surveyed.

5.8.4. Inuit Involvement

The Legal Surveys Division required Inuit involvement in its survey contracts. This resulted in the provision of services, employment and training for individuals and businesses from the community where the project was located, as well as for registered Inuit businesses across Nunavut.

5.9. Parks Canada Agency

5.9.1. Article 8.2: Establishment of National Parks

The Nunavut Field Unit of Parks Canada manages three national Parks in Nunavut: Auyuittuq, Quttininirpaaq and Simirlik. The field unit office is located in Iqaluit and the parks are operated from small offices in Pangnirtung and Qikiqtarjuaq (Auyuittuq), Ellesmere Island and Iqaluit (Quttininirpaaq) and Pond Inlet (Simirlik).

Joint Parks Management Committees (JPMC) are in operation for each of the Auyuittuq, Quttinirpaaq and Sirmilik National Parks. The JPMCs initially held meetings three times per year, including a large meeting of all three committees (at the request of the Chairs). As agreed in the IIBA, regular meetings decreased to two per year in 2003/04. The JPMCs also held various conference calls annually. Park planning teams worked closely with the JPMCs for Auyuittuq and Quttinirpaaq in the development of management plans for those parks. Familiarization trips and several workshops were held for all groups. A first draft of the plans is expected in spring 2004 (Quttinirpaaq) and fall 2004 (Auyuittuq), followed by public consultation. Completion is expected in 2005.

The Kivalliq Inuit Association, the Government of Nunavut and Parks Canada reached agreement on an IIBA for Ukkusiksalik National Park. An official signing ceremony attended by the Prime Minister, the Premier of Nunavut and other dignitaries, was held in Iqaluit in August 2003.

Parks Canada is working to establish another new national park at Bathurst Island. A feasibility study has been undertaken, and the next step will be consultations with QIA to prepare for negotiations of an IIBA.

Discussions are ongoing between NTI and Parks Canada on a process for negotiating an IIBA for National Historic Sites. Initial background information has been exchanged.

Parks Canada has also published numerous parks information brochures, orientation packages, displays and videos, and has revised the Parks Canada website to support Inuktitut versions of all materials.

5.10. Public Works and Government Services Canada

Public Works and Government Services Canada (PWGSC) continues to notify NTI and eight other Inuit organizations of all government contracts and bidding opportunities in the NSA. The Western Region office had its own Aboriginal Advisor who was responsible for liaising with claimant groups such as NTI, and coordinating training activities.

To support the objectives of Article 24, PWGSC offered training on MERX, the Government Electronic Tendering System. The Contracts Canada Division delivered a series of seminars and provided supplier information kits to Inuit firms identified by NTI. Seminars included “How to do Business with the Federal Government (Basic)”, “Selling Services”, and “Writing an Effective Proposal”. PWGSC continues to be available to set up information seminars for Inuit firms in Nunavut upon request.