4. Government of Nunavut

4.1. Department of Executive and Intergovernmental Affairs

The Department of Executive and Intergovernmental Affairs (EIA) provides support for all Government of Nunavut (GN) departments implementing elements of the Nunavut Land Claims Agreement (NLCA). DEIA also has obligations relating to the Nunavut Implementation Panel (NIP). These include:

• Nunavut Implementation Panel (NIP) meetings;
• Annual reports;
• Five-Year Review;
• Funding items and decisions for Institutions of Public Government (IPGs);
• Transboundary issues:
• Advising Canada on claims tabled by other jurisdictions adjacent to Nunavut;
• Coordination of all GN implementation responsibilities, and related activities:
• Nunavut General Monitoring Program;
• Lead on developing proposals for GN endeavors related to the NLCA;
• IPG proposals;
• Update of Implementation Contract;
• Negotiation and submissions of proposals in partnership with IPGs and other departments.

The GN continues to negotiate implementation funding. Initial meetings of the NIP Implementation Contract Working Group were held in the spring of 2001, and progressed through the presentation of IPG positions to the tabling of the GN position in February 2002. Negotiations are ongoing.

DEIA worked with Nunavut Tunngavik Incorporated (NTI) on a range of NLCA-related issues. The first review of the Clyde River Protocol ( renamed Iqqanaijagatiqiit) was completed, as was the first review of the GN’s new contracting policy, the Nunavummi Nangminiqaqtunik Ikajuuti (NNI) policy. The second review of the NTI GN partnership in 2002 recommended a strengthened partnership to work together on the following areas:

• Inuit Impact Benefit Agreement (IIBA) negotiations on Territorial Parks implementation;
• Article 24 and the NNI Policy;
• Education, from kindergarten to grade 12;
• Article 23, relating to Inuit employment in government;
• Wildlife Act, and development of a Claims-compliant Act;
• Devolution of Federal control over lands and resources in Nunavut;
• Implementation Contract renegotiation;
• Article 2.7.3, to ensure access to programs for Aboriginal peoples;
• Protection and promotion of Inuit languages.

This commitment to partnership with NTI has yielded positive results, including DEIA’s participation in the Article 23 Working Group, and the drafting of the new, Nunavut-specific Education and Wildlife Acts. The GN and NTI also partnered to produce the report “Annaumaniq”, a quantitative impact analysis and recommendations on the implementation of Article 23.

A highlight of this review period was the successful legislative drafting process to produce federal enabling legislation for the Nunavut Water Board (NWB) and the Surface Rights Tribunal (SRT).

The Nunavut Senior Officials Working Group (NSOWG) dealt with a wide range of Claims-related issues, and proved to be a constructive forum for the examination of broad policy issues related to the implementation of the NLCA. GN has actively participated in table meetings with several transboundary groups, including the James Bay Cree, Makivik Corporation, Manitoba Dene and Saskatchewan Dene.

Proposals in a number of areas, including the GN umbrella proposal for implementation funding, were submitted to Canada formally in February of 2002.

In many areas, progress has been made. However, Implementation Contract negotiations between Canada, Nunavut and NTI stalled in January 2003. A significant barrier to progress was the refusal by federal negotiators to deal adequately with Article 23 of the NLCA, or to provide a detailed response to GN departmental funding proposals.

Despite the appointment of a new negotiator and an agreement to deal with Article 23 through a two-stage approach (short-term initiatives and the development of a longer-term strategy), the parties have made little substantive progress. Funding amounts now under discussion would require that the GN reallocate Vote 1 base funding to provide services and programs to meet its current obligations.

GN’s participation in the Panel Support Group for the NIP continued during the review period, but is being reviewed. It is GN’s view that the Panel will not be an effective vehicle until all parties establish and adhere to more useful guidelines, and until a more substantive, constructive and detailed mandate is adopted by Canada.

4.2. Department of Community Government and Services

The Department of Community and Government Services (CGS) responsibilities under the NLCA include obligations set out in Article 14 (Municipal Lands) and Article 24 (Government Contracts). Implementation of these obligations continues, despite the lack of NLCA-specific funding allocations during one fiscal year in the reporting period.

The transfer of title to developed Municipal Land within the built-up area of Nunavut communities at the date of ratification is essentially complete. As additional land is surveyed, CGS assists municipalities in the preparation of Land Acquisition Bylaws, working with the Land Titles Office to transfer title of newly created parcels to the municipalities. The Land Titles Office continues to administer untitled Municipal Land for the use and benefit of the municipalities, and to administer Commissioner’s Land within a 100-foot strip from the ordinary high water mark.

CGS, along with DEIA and NTI, participated in the first comprehensive review of the NNI Policy in 2003.The resulting report set out 32 recommendations for Cabinet review. Cabinet requested a detailed working plan in order to implement all 32 recommendations, and proposed an increase in the recommended incentive percentages available to local companies, and to Inuit businesses.

Under a bilateral agreement, the federal government provided funding for the salaries and benefits of Municipal Lands Officers (MLOs). The MLOs administer municipal land on behalf of the communities. The agreement expired in 2002/03; CGS provided funding for the MLO positions in 2003/04.

CGS also provided formal and informal training to the MLOs to assist them in accomplishing their land administration duties. Formal training was provided through the Community Land Administrator Certificate Program, coordinated by the Municipal Training Organization (MTO). The headquarters and regional offices of the Department provided on-going mentoring and annual workshops to familiarize learners with the current land administration systems and processes, thus providing additional informal training for MLOs. CGS also prepared a comprehensive Lands Administration Manual, setting out key systems and procedures in detail.

The transfer of remote sites – sewage lagoons, water supply sites, gravel pits, etc. – to the communities remains outstanding. The Implementation Contract suggests that such land could be transferred without survey. This was discussed with the Surveyor-General and the Land Titles Registrar; but no alternative method to survey could be identified. The cost of surveying and transferring these lands is estimated at $1 million. Some of the sites may contain hazardous materials; specialized training may be required at the community level to ensure sufficient capacity to operate the facilities safely.

Permanent, inflation-corrected federal funding dedicated to the Municipal Lands Officers Program is required to continue this important work. An additional estimated $1 million is also required for the transfer of remote sites.

4.3. Department of Culture, Language, Elders & Youth

The NLCA recognizes the special and enduring relationship that Inuit have with their traditional way of life, and the stabilizing role that this relationship plays, not only for contemporary Inuit society, but also for future generations. This link is represented in many forms - archival documents and photographs, traditional place names, ancient archaeological sites and artifacts, and in the language used to describe and to give meaning to these things and to the connections between them.

Government has explicitly recognized the uniqueness of Inuit culture, and the vital importance of implementing systems that will reinforce individual and collective Inuit identity, and foster the re-emergence of a healthy and vibrant society. In any society, heritage ‘resources’ play a fundamental role in this process, and Nunavut’s wealth of such resources provides cultural “anchors” that foster much needed stability with respect to cultural identity and sense of place in Canada and the world.

In recognition of those principles, the Department of Culture, Language, Elders & Youth (CLEY) has continued to implement its responsibilities under Articles 32, 33 and 34 of the NLCA.

In adherence to the provisions of Article 32, CLEY supported the involvement of the Nunavut Social Development Council (NSDC) in the development of social and cultural policy and programs.

CLEY invited the Inuit Heritage Trust (IHT) to participate in the development of new archaeological regulations for Nunavut. These included:

• The Nunavut Archaeological and Paleontological Sites Regulations, approved by the Government of Canada on June 15, 2001;
• The Human Remains Policy, which ensures that any archaeological investigation or analysis of human remains or associated grave goods will be conducted according to Nunavummiut values, ethical and scientific principles, and all applicable laws, codes of conduct, and conventions. This policy was approved by the Government of Nunavut, and came into force on June 15, 2001;
• The review of land use development proposals and archaeological research permit applications for potential impacts on archaeological and other heritage resources.

CLEY is also responsible for the official designation of traditional place names. This requires the establishment of information management systems in order to revert geographic names in accordance with Inuit values and customs, which is ongoing.

4.3.1. Nunavut Heritage Centre

Article 34 (Ethnographic Objects And Archival Materials) defines a number of GN responsibilities in such areas as the establishment and implementation of information management systems, the acquisition of ethnographic and archival collections, and the provision of conservation, curation and storage facilities to maintain and to utilize these collections.

In recognition of its obligations for the management of Nunavut’s heritage assets, CLEY commissioned a major study to develop a strategic plan for the establishment of a territorial Heritage Centre providing professional curatorial and conservation services, through which heritage programs and services for Nunavummiut would be developed and delivered.

Article 33.2.4 emphasizes the urgency of establishing such a facility for the territory’s archaeological collections, and Article 33.8.1 obligates Designated Agencies to dispose of a maximum number of specimens to institutions in Nunavut. Article 34.3.1 further obligates the Canadian Museum of Civilization and other Designated Agencies to lend a maximum number of ethnographic objects to institutions in Nunavut. Both Articles, however, stipulate that such loans and transfers may be refused in the event that the objects cannot be “maintained without risk or damage or destruction, including provision for climate control and security” or in the event that “access to the object commensurate with scientific or public interest cannot be provided.”

While the NLCA explicitly recognizes the urgency of establishing these facilities, funding was not provided to enable Nunavut to meet this key obligation, and implementation of the recommendations of the Heritage Centre Study remains on hold pending access to the required resources.

4.4. Department of Justice

4.4.1. Legal Counsel Services

Nunavut Justice provides legal services required by all GN departments for operations and processes mandated by the NLCA, including:

• Advice and education services to other GN departments about their NLCA obligations. These included seminars and materials on Articles 23, 32 and 24 of the NLCA, including the NNI Policy by which Article 24 is being implemented;
• Assistance with NLCA-mandated legal procedures, such as expropriation and board hearings;
• Arbitration and litigation relating to NLCA, such as the matter of Kadlak v. Nunavut (Minister of Sustainable Development) (NLCA Articles 2 and 5);
• Implementation-related negotiation support in matters such as the implementation of the NNI Policy, and negotiations to implement IIBAs;
• Legal Services assistance concerning NLCA-mandated land transfers, including the correction of past transfers (Article 14, 19);
• Legal support for the collaborative development of federal Archaeological and Paleontological Sites Regulations with the IHT and Indian and Northern Affairs Canada (INAC);
• The establishment of GN as Designated Authority for the administration of permits, and revision of the permitting process in light of the regulations (Article 33); and,
• Participation and consultation with a DIO and/or the federal government regarding implementation legislation required by the NLCA, including:
  • Nunavut Water Board and Surface Rights Tribunal Act (Federal);
  • Nunavut Wildlife Act (Nunavut);
  • Environmental Assessment Act (NIRB and Nunavut Planning Commission, (NPC)).

4.4.2. Legislative Drafting

The Legislation Division provides support to government departments and agencies in drafting changes to Nunavut legislation for greater consistency with the NLCA, and in providing translations of legislation into Inuktitut.

This Division is responsible for the preparation of all bills in English, French and Inuktitut; for preparing summaries of each Act and translating it into Inuktitut; for assisting government departments and agencies in developing policy consistent with the NLCA that ultimately is reflected in legislation; and for publishing and making public the legislation enacted.

The Legislation Division accomplished the following during the report period:

• Drafted and translated a new Wildlife Act;
• Prepared Inuktitut and Inuinnaqtun versions of four plebiscite regulations;
• Drafted and translated extensive amendments to the Cities, Towns and Villages Act and the Hamlets Act, which included increasing municipalities’ powers to deal with land;
• Translated Ministerial appointments into Inuktitut;
• Gave advice on consultation requirements under the NLCA respecting various legislative initiatives;
• Prepared various consolidations of Nunavut Acts in Inuktitut;
• Trained with the federal Translation Bureau in an Inuktitut version of Termium, the Government of Canada’s terminological and linguistic database;
• Continued to develop a four-language website that will contain Nunavut’s legislation.

The Legislation Division eventually hopes to translate all regulations into Inuktitut, as well as the bills themselves. The Division is also working on publishing Nunavut’s statutes in English, French and Inuktitut; Nunavut’s Acts have never been published. Additional resources would provide more opportunities for training Inuit in legal translation and computer skills.

4.4.3. Land Titles Office

The Land Titles Office (LTO) administers the Land Titles Act (Nunavut) and provides guaranteed titles under a modern legal regime. The Office is responsible for registering municipal and Inuit owned lands under Articles 14 and 19 of the NLCA. Staff also consult and assist MLOs and other public agencies with land title requirements to support effective administration of municipal lands.

Under Article 14.3, the LTO issues fee simple titles for all municipal land parcels, records encumbrances, and issues separate leasehold titles when needed. This may be preceded by registering survey plans to reflect new land development and remediate existing surveys when lot lines must be varied for existing structures or roadways. When surveys are completed for remote municipal infrastructure sites, the LTO registers them and issues titles. The NLCA requires issuance of two separate titles for each parcel for both the fee simple and leasehold estates, due to limits on alienation contemplated in Article 14.8. Under Article 19.8.12, the LTO reviews survey plans for Inuit owned lands relative to existing descriptive map plans, registers them, and issues titles for the resulting fee simple and mines and minerals estates.

A substantial number of municipal fee simple titles have been issued for land within the built-up areas of municipalities since the date of ratification. A temporary Survey Review Officer began work in early 2004, and has gained experience in the ongoing review and registration of surveys of municipal and Inuit owned lands. The LTO now has better capacity to provide advisory support to MLOs and others, resulting in more land in the system, more efficient and timely conveyance and financing transactions, and greater legal certainty.

Many communities have land parcels that require remedial surveys; these will yield new parcel descriptions and require issuance of additional municipal and leasehold titles. Remote municipal infrastructure sites are not yet registered, as surveys have not yet been filed. Senior LTO personnel provide significant advisory and consultative support to promote effective land administration, which impacts other day-to-day registration functions. As of March 31, 2004, there were approximately 1000 parcels of Inuit Owned Lands for which legal survey plans had been completed but not yet submitted to the LTO.

Additional funding is needed for an added LTO staff member as a full-time Survey Review Officer and for ancillary operating and capital requirements.

4.5. Department of Environment

DOE is responsible for the implementation of some of the most significant obligations established by the NLCA. These obligations are extensive enough to transect almost all sections of the Claim. Articles 5, 6, and 7 define DOE responsibility for ensuring the effective and timely implementation of all co-management responsibilities as they relate to Nunavut’s HTOs, RWOs and Wildlife Management Boards; ultimate responsibility for wildlife conservation and management, Inuit harvesting rights, outpost camps; and compensation for wildlife.

Articles 8 and 9 establish DOE responsibility for the implementation of an IIBA for all Territorial Parks, and for negotiating and implementing IIBAs for Conservation Areas either under shared jurisdiction or solely under the jurisdiction of the territorial government. Co-management is a cornerstone of both the NLCA and IIBA as it relates to Territorial Parks and Conservation Areas.

Under Articles 10, 11, 12, and 13 DOE is mandated to work with IPGs to ensure that Nunavut’s natural resources are protected and enhanced through effective co-management of land use planning, development impact reviews, water management, and other forms of support to land and resource management institutions. DOE also has ancillary or secondary responsibilities for obligations under Articles 15, 16, 20, 21, 40, and 42, which are part of the day-to-day operational mandate of the Department.

4.5.1. Inuit Impact and Benefit Agreements

In 2001, DOE concluded negotiations with NTI and all Regional Inuit Associations (RIAs) to reach an Agreement in Principle for an umbrella Inuit IIBA for Territorial Parks in Nunavut. Formal approval of this IIBA by the GN, NTI and the three RIAs was signed in May of 2002.

IIBAs help to ensure that Inuit receive economic benefit from the establishment and operation of Territorial Parks and Conservation Areas through the protection of first rights of refusal, and access to other economic opportunities related to the operation of the Parks and Conservation Areas. Highlights of the umbrella IIBA include 15 initialed articles that will ensure effective and meaningful Inuit participation in park management and planning. The Nunavut Joint Park Management Committee (NJPMC), as outlined in Article 13 of the IIBA, plays a strong role in the co-management of Territorial Parks, and in defining the direction and development of a new Nunavut park program and system plan.

DOE also monitored, developed and represented GN interests in IIBA negotiations relating to National Parks, National Wildlife Areas, and Migratory Bird Sanctuaries.

4.5.2. Contracting Procedures

The parties agreed to contracting procedures in Territorial Parks and Conservation Areas that build on accepted government standards and policies. The contracting procedures provide for preferential treatment to Inuit on park development and operations projects, and first right of refusal on any business opportunities related to Territorial Parks and Conservation Areas. Interim contracting procedures have been accepted by NTI and DOE pending final agreement.

4.5.3. Thelon Wildlife Sanctuary

DOE continued the coordination of the Thelon Wildlife Sanctuary Management Plan in cooperation with the Kivalliq Inuit Association (KIA), the Nunavut Wildlife Management Board (NWMB), INAC, and NTI. Once the review of the plan is complete, DOE will work with INAC and the Department of Resources, Wildlife and Economic Development (RWED) in the NWT to facilitate necessary approvals for the Plan.

4.5.4. Park Information

DOE ensured that all publications, signs, kiosks and interpretation material related to parks were produced in Inuktitut and one or more of Canada's official languages. A Territorial Parks Signage Manual was developed to ensure consistency of information and interpretation at Territorial Parks and Conservation Areas throughout Nunavut. DOE worked closely with Parks Canada, the Canadian Wildlife Service, and other federal and territorial partners to promote and communicate the roles for Parks and Conservation Areas in Nunavut.

4.5.5. Wildlife Legislation and Regulations

The Department received approval from the Cabinet Committee on Legislation to proceed with the development of a new Nunavut Wildlife Act. The previous Act was outdated and required revision to reflect the terms of the NLCA as well as the needs of Nunavut as a whole. Initial background research suggested that at least one third of the topics that required attention during consultation and revision of the Act are directly related to rights and obligations flowing from the NLCA. A working group was formally established between the NWMB, NTI and DOE to oversee the development of draft legislation. A community consultation plan was implemented, soliciting input from residents and HTOs. The Nunavut Wildlife Act was completed and DOE has also continued to work with NWMB, NTI and other co-management partners to address other legislation or regulatory issues such as Assignment of Rights.

4.5.6. Co-management of Wildlife

The Department worked closely with the NWMB, RWOs, HTOs and NTI on wildlife research and management activities. DOE staff regularly attended NWMB meetings and provided written reports and recommendations to NWMB on specific topics. DOE staff also regularly attended RWO and HTO meetings to exchange information and collaborate on research and management projects.

One of DOE’s main objectives in wildlife management continues to be the establishment of inter-jurisdictional agreements to cover the shared management of trans-boundary wildlife populations. In accordance with the NLCA, the Department works to ensure the involvement of NWMB, NTI and the RWOs in the development of these agreements. Most recently, these parties have been involved in the development of agreements for polar bears in western Hudson Bay and caribou in the Bathurst herd.

DOE and the NWMB collaborated on a number of projects designed to increase public access to wildlife management information and increase the effectiveness of Inuit in all aspects of wildlife management. A joint communications position has been established to assist in the distribution of wildlife management information to communities.

4.5.7. Land Use Planning

DOE coordinated the review of the Kivalliq and North Baffin Regional Land Use Plans prepared by the NPC on behalf of GN departments and agencies. Both plans required revisions to better reflect the GN’s new roles in wildlife management, environmental protection, cultural and natural heritage resources, parks and tourism, research, and other legislative mandates. The plans were reviewed and approved by the GN Cabinet.

DOE staff participated in workshops on the development of the Central Baffin and South Baffin Regional Land Use Plans, and attended public hearings on the Central Baffin (Akunniq) Plan. An initial review of the Draft West Kitikmeot Regional Land Use Plan was also carried out.

DOE continued dialogue with NPC regarding the outputs of the current Land Use Planning model and the appropriateness of the Land Use Planning model in relation to the NLCA. DOE also continued to provide input into the review and update of principles, policies, priorities and objectives for the established planning regions, and into the nomination and selection of GN representatives to the respective IPGs.

4.5.8. The Cost of Implementation

The major policy, legislative and procedural initiatives necessitated by the NLCA have created additional incremental responsibilities for which funding was not identified under the first Implementation Contract; implementation efforts have been significantly slowed as a result. This is especially true of the IIBA for Territorial Parks. The 2002 signing of the Territorial Parks IIBA obliges the GN to institute new measures for the development, management, and operation of parks. Current estimates place the cost of these new measures at approximately $2.2 million per annum over a 10-year period.

Despite the challenges posed by a lack of funding, the parties to the IIBA have:

• Formed an Implementation Working Group. The Working Group has been meeting regularly and has completed a Draft Implementation Plan;
• Developed a Park-Specific Contracting Procedures Policy that has been approved by GN Cabinet;
• Established a Parks Contract Working Group (PCWG), which has been meeting regularly regarding Parks Contracts, and which continues to monitor the contracting process for each fiscal year for Territorial Parks.

The Federal Government has an underlying and ongoing responsibility to ensure that adequate funding is available to the GN to meet its obligations under the NLCA. Funds for IIBA implementation identified by INAC in negotiations for funding NLCA obligations for a second contract period fall far short of the needs identified in GN’s proposal, and will leave the GN unable to implement the IIBA.

There are a number of DOE implementation issues that remain outstanding and unresolved. They include:

• The need to update the Nunavut Territorial Parks Legislation, which was inherited from the NWT upon division in 1999. A new Parks Act will require adequate funding for IIBA implementation.
• Implementation of new responsibilities defined in the new Nunavut Wildlife Act, and linked to Article 5 of the NLCA;
• Measures and resources to implement the Umbrella Territorial Parks IIBA signed off by the Premier and Presidents of NTI and RIAs on May 13^th, 2002.

Adequate funding in future Implementation Contracts and other agreements will be required to ensure that DOE and the GN as a whole can meet its responsibilities under the NLCA, and that Inuit of Nunavut receive the full level of benefits resulting from the NLCA.

4.6. Department of Human Resources

The Department of Human Resources (DHR) provides leadership and support to the GN for the implementation of Article 23 of the NLCA. This Article requires the development and implementation of an Inuit Employment Plan (IEP) to achieve a representative level of Inuit staff in government positions.

Under the NLCA, the GN is committed to developing a representative workforce of 85 percent Inuit employment at every level by 2020, and an interim target of 50 percent overall by 2008. Under the current Implementation Contract, funding for Article 23 to the GN amounted to $160,000 over a 10-year period. This funding is targeted for training and development activities to support the IEP. While these resources fall far short of the actual need, DHR continues to develop and implement training and development programs to the extent that available budget allocations permit.

In 2003-04, the Inuit Employment Division was created to lead the implementation of the IEP. Training and development initiatives included:

• Funding eight interns as part of the Sivuliqtiksat Management Internship Program, and developing a proposal to extend the program to additional positions;
• Conducting employee orientation sessions across Nunavut, including a pilot cultural orientation program;
• Developing a self-directed Employee Orientation CD-ROM in four languages;
• Developing mentorship guidelines and video;
• Establishing a specialized fund to assist departments in addressing their specific training needs;
• Delivering a Language Training program to 122 employees;
• Initiating the Nunavut Public Service Studies Program.

Inuit Employment Statistical Reports (Towards a Representative Public Service) were issued for each quarter during the period. An interdepartmental committee was established to complete a draft GN-wide IEP, which was approved by Cabinet in November of 2003 (albeit without additional funding).

The Department initiated a multi-year review of the education and experience requirements set out in GN descriptions, in order to remove systemic barriers to hiring of Inuit. Other measures were introduced to broaden recruitment outreach, including weekly radio programming publicizing recruitment opportunities.

The Terms of Reference for a new GN-NTI Bilateral Article 23 Working Group were approved, and planning for the inaugural meeting was completed, along with the identification of the GN Caucus members.

Finally, DHR, in cooperation with Internal Audit, initiated a review of all training and development in the GN to identify training gaps and opportunities. Areas requiring increased funding include the Internship Program and Educational Leave. Negotiations with INAC for additional funding continue to be a high priority.