2 DEFINITIONS

2.1.1
In this agreement,

“act” includes ordinance;

“agreement” means this agreement and “the date of this agreement” means the date on which it is signed by representatives of Her Majesty the Queen in Right of Canada and the Gwich’in after ratification;

“artificial boundary” means a straight line joining two identified geographic locations or survey monuments;

“bed” of a body of water means the land covered so long by water as to wrest it from vegetation, or as to mark a distinct character upon the vegetation where it extends into the water or upon the soil itself;

“conservation” means the management of wildlife populations and habitat to ensure the maintenance of the quality and diversity including the long-term optimum productivity of those resources, and to ensure a sustainable harvest and its efficient utilization;

“conservation area” means game reserves, sanctuaries, migratory bird sanctuaries, national wildlife areas, and similar areas for the protection of wildlife and wildlife habitat established under federal or territorial legislation except national parks;

“consultation” means

1. the provision, to the party to be consulted, of notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter;

2. the provision of a reasonable period of time in which the party to be consulted may prepare its views on the matter, and provision of an opportunity to present such views to the party obliged to consult; and

3. full and fair consideration by the party obliged to consult of any views presented;

“designated Gwich’in organization” means a Gwich’in organization designat ed pursuant to chapter 7;

“developer” means any person engaged in development activity;

“development activity” means any private, local, territorial or federal government undertaking, or extension thereof, on land or water;

“development proposal” means a proposed development activity outside local government boundaries or within such boundaries where the undertaking would be likely to have a significant impact on air, water or renewable resources;

“expropriating authority” means the Government of Canada or the Government of the Northwest Territories or any other authority authorized by statute to expropriate land or an interest in land;

“expropriation” means the compulsory taking of lands or any interest in land;

“forest conservation” means the management of forest resources to ensure the maintenance of the quality and diversity, including the long-term optimum productivity of those resources, and to ensure a sustainable harvest and its efficient utilization;

“forest management” includes forest conservation, forest firefighting, timber management, reforestation and silviculture;

“fur bearers” means the following species endemic to the settlement area: Castor including beaver; Alopex including white fox or arctic fox; Lutra including otter; Lynx including lynx; Martes including martens and fishers; Mephitis including skunk; Mustela including weasel and mink; Ondatra including muskrat; Vulpes including red, cross, black and silver fox; Gulo including wolverine; Canis including wolves and coyotes; Marmota including marmots; Tamiasciurus including red squirrels;

“gas” means natural gas and includes all substances, other than oil, that are produced in association with natural gas;

“government” means

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;

“Gwich’in” means, except in chapters 3 and 4, participants and Gwich’in organizations designated pursuant to chapter 7, as the context requires;

“Gwich’in community” means the community of Inuvik, Aklavik, Arctic Red River or Fort McPherson;

“Gwich’in lands” means Gwich’in municipal lands and settlement lands;

“Gwich’in municipal lands” means Gwich’in lands within local government boundaries granted pursuant to 22.2.1;

“harvesting” means gathering, hunting, trapping or fishing in accordance with this agreement or applicable legislation;

“impact on the environment” includes effects on air, land and water quality, on wildlife and wildlife harvesting, on the social and cultural environment and on heritage resources;

“legal survey” means the determination of all the monuments or landmarks that mark a boundary and the survey of all the lines constituting the boundary. It includes the preparation of field notes and plans and any examination, approval or confirmation that may be required of the Surveyor General and other officers under the provisions of the Canada Lands Survey Act, R.S. 1985, c. L-6, or other statutory authority;

“legislation” means federal or territorial legislation in force from time to time and includes regulations, and any reference to a specific act means that act as amended from time to time, and successor legislation;

“local government” means all incorporated cities, towns, villages, hamlets, charter communities, settlements and local governments listed in 22.8.1 and any other local government which is subsequently designated and established pursuant to 22.7.1 and includes the Government of the Northwest Territories when it acts in the stead of local government;

“Mackenzie Valley” comprises the area within the Northwest Territories that is bounded on the south by the 60th parallel of latitude excluding the area of Wood Buffalo National Park; on the west by the border between the Northwest Territories and Yukon Territory; on the north by the boundary of the Western Arctic Region; and on the east by the boundary of the settlement area of the Tungavik Federation of Nunavut;

“member of immediate family” means spouse, child, parent, brother or sister;

“migratory game birds” has the same meaning as in the Migratory Birds Convention Act, R.S. 1985, c. M-7;

“minerals” means precious and base metals and other, non-living, naturally occurring substances and includes coal and oil and gas;

“Minister” means the Minister of the Government of Canada or the Minister of the Government of the Northwest Territories, as the context requires, responsible for the subject matter referred to;

“minor” means a person who has not yet reached the age of majority as determined from time to time by the Legislative Assembly of the Northwest Territories;

“monument” means any authorized device used by a qualified surveyor to mark a boundary in a legal survey executed under some statutory authority, and includes any ancillary components;

“national park” means lands described in the schedules to the National Parks Act, R.S. 1985, c. N-14, that lie within the settlement area;

“natural boundary” means the ordinary high-water mark of water bodies or a well-defined height of land;

“navigable” means with respect to a river, lake or other body of water, capable of navigation by boat or other water craft used for commercial purposes or by members of the public in the settlement area;

“new licence”, unless otherwise provided in this agreement, includes a licence where the licencee or effective ownership of the licencee is changed but does not include a renewal to the licencee of an existing licence, or a new licence issued to the licencee to authorize the continuation of activities of the licencee under an expiring licence;

“Norman Wells Proven Area” means the area described in Schedule “A” to the Proven Area Agreement dated July 21, 1944, between Imperial Oil Limited and His Majesty in Right of Canada, as amended and renewed from time to time;

“offset boundary” means a boundary parallel to an existing legal survey, a natural boundary or a right of way at a prescribed perpendicular distance from that boundary;

“oil” means crude oil, regardless of gravity, produced at a wellhead in liquid form and any other hydrocarbons except coal and gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface;

“ordinary high-water mark” of a body of water means the limit or edge of its bed and, in the case of non-tidal waters, it may be called “the bank” or “the limit of the bank”;

“participant” means a person who is enrolled in the Enrolment Register pursuant to chapter 4;

“plants” means all flora, other than trees, in a wild state;

“protected area” means all areas and locations of land set apart and protected by government in the settlement area including historic parks and sites, national wildlife areas, migratory bird sanctuaries, territorial parks, conservation areas and archaeological sites but does not include national parks;

“Renewable Resources Council” means a Gwich’in Renewable Resources Council described in 12.9;

“resource” means mines and minerals whether solid, liquid or gaseous;

“royalty” means any payment, whether in money or in kind, in respect of production of a resource in, on or under the Mackenzie Valley, including the Norman Wells Proven Area, paid or payable to government as owner of the resource, but does not include any payment for a service, for the issuance of a right or interest or for the granting of an approval or authorization;

“settlement area” comprises the area within the Northwest Territories as described in appendix A to this agreement;

“settlement lands” means Gwich’in lands outside local government boundaries granted pursuant to 18.1.2;

“settlement legislation” means the legislation described in 3.1.4 and “the date of settlement legislation” means the date when the legislation comes into force;

“Surveyor General” means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized by the Minister of Energy, Mines and Resources to carry out any or all of the duties of the Surveyor General;

“territorial park” means lands described in the schedule to the Territorial Park Regulations of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4;

“timber licence” includes a timber permit and forest management agreement;

“trade” means to barter, buy, sell, give or receive;

“tree” means a single-stemmed, perennial woody plant growing to a height of more than eight feet, and which is found in a wild state in the Northwest Territories, including Pinus species including Jack Pine and Lodge Pole Pine; Larix species including Tamarack; Picea species including White Spruce and Black Spruce; Abies species including Alpine Fir; Salix species including Beaked Willow and Pussy Willow; Populus species including Trembling Aspen and Balsam Poplar; Betula species including White Birch, Alaska Birch and Water Birch; Alnus species including Speckled Alder and Mountain Alder; and Prunus species including Choke Cherry and Pin Cherry;

“water” includes ice;

“waterfront lands” means lands from the water’s edge to 30.48 metres (approximately 100 feet) inland measured from the ordinary high-water mark;

“Western Arctic Region” means that portion of the Inuvialuit Settlement Region other than the Yukon Territory as defined in the Inuvialuit Final Agreement; and

“wildlife” means all feræ naturæ in a wild state including, fish, mammals and birds.

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