Tallurutiup Imanga National Marine Conservation Area Inuit Impact and Benefit Agreement

3.1

Relation to Nunavut Agreement and Inuit Rights

3.2

General Matters

3.3

General Interpretation

3.4

Consultation

1. notice of the matter in sufficient form and detail to allow the party being consulted to prepare its views;
2. a reasonable period of time for the party being consulted to prepare its views and an opportunity to discuss those views with the consulting party;
3. full and fair consideration of any views presented and adequate explanation in writing of how those views have been taken into account;
4. reasonable and culturally appropriate consultation techniques, which facilitate the sharing of views by unilingual and other Inuit;
5. interpretation and translation of relevant materials, as required;
6. a summary of the consultation process in English and Inuktut; and
7. consideration of appropriate modifications of the matter under consultation.

1. imposes a higher obligation than a “reasonable effort”;
2. means taking, in good faith, all reasonable steps to achieve the objective, carrying the process to its logical conclusion; and
3. includes doing everything known to be usual, necessary and proper for ensuring the success of the endeavour.

3.5

Notice

3.6

Appendices

4.1

Objectives

4.2

Establishment

4.3

Tallurutiup Imanga NMCA Boundary

4.4

Boundary Amendment

4.5

Inuit Owned Lands

4.6

Tallurutiup Imanga National Marine Conservation Area Boundary Description

1. COMMENCING at a point where longitude 72^°33’00” West meets the ordinary high water mark at approximate latitude 71^°39’36” North on Cape Hunter, on Baffin Island;
2. THENCE generally westerly, northerly, westerly and southwesterly along the sinuosity of the ordinary high water mark of Baffin Island to a point where the western boundary of Sirmilik National Park of Canada meets the same near point 177PI, as shown on Administrative Plan of Sirmilik National Park of Canada in the Canada Lands Surveys Records at Ottawa as 104419 and filed in the Land Titles Office for Nunavut as 4575, at approximate latitude 72^°24’08” North and approximate longitude 78^°27’18” West;
3. THENCE southwesterly along the northwestern boundary of said Sirmilik National Park of Canada to the ordinary high water mark of the northerly extremity of the promontory known as Oorbignaluk Headland at approximate latitude 72^°22’02” North and approximate longitude 78^°36’12” West;
4. THENCE generally southwesterly along the sinuosity of the ordinary high water mark of Baffin Island to a point on the eastern side of Milne Inlet where latitude 72^°00’00” North meets the same at approximate longitude 80^°38’59” West;
5. THENCE westerly in a straight line across said Milne Inlet to the western side thereof where latitude 72^°00’00” North meets the same at approximate longitude 80^°48’17” West;
6. THENCE generally northwesterly, southeasterly, and northwesterly along the sinuosity of the ordinary high water mark of Baffin Island to a point on Brodeur Peninsula where latitude 73^°49’59” North meets the same at approximate longitude 86^°48’05” West;
7. THENCE westerly in a straight line to a point on the ordinary high water mark of Somerset Island, near Cape Clarence, where latitude 73°53’49” North meets the same at approximate longitude 90^°09’53” West;
8. THENCE generally westerly along the sinuosity of the ordinary high water mark of Somerset Island to a point where latitude 73°56’56” North meets the same at approximate longitude 95^°19’13” West;
9. THENCE westerly in a straight line to a point at latitude 73°55’52” North and longitude 95^°58’10” West within Peel Sound;
10. THENCE northerly in a straight line to a point at latitude 74°53’57” North and longitude 96^°06’56” West within Resolute Passage;
11. THENCE easterly in a straight line to a point on the ordinary high water mark of Cornwallis Island where latitude 74^°53'56" North meets the same at approximate longitude 96^°01'29" West;
12. THENCE generally southeasterly and northeasterly along the sinuosity of the ordinary high water mark of Cornwallis Island to a point where latitude 75^°02’05” North meets the same at approximate longitude 93^°30'19" West;
13. THENCE in a straight line to a point at latitude 75^°03’54” North and longitude 92^°49'18" West within Wellington Channel;
14. THENCE southeasterly in a straight line to a point on the ordinary high water mark of Devon Island where latitude 75^°02’24” North meets the same at approximate longitude 92^°13'54" West near Bowden Point;
15. THENCE generally southeasterly along the sinuosity of the ordinary high water mark of Devon Island to a point where latitude 74^°38’40” North meets the same at approximate longitude 91^°22'44" West at the entrance to Gascoyne Inlet;
16. THENCE southeasterly in a straight line to a point on the ordinary high water mark of Devon Island where latitude 74^°37’43” North meets the same at approximate longitude 91^°18'05" West near Cape Ricketts;
17. THENCE generally easterly, northerly and northwesterly along the sinuosity of the ordinary high water mark of Devon Island to a point where longitude 81^°40'40" West meets the same at approximate latitude 75^°48’32” North;
18. THENCE northeasterly in a straight line to a point on the ordinary high water mark of Ellesmere Island where longitude 81^°03'56" West meets the same at approximate latitude 76^°08’00” North; at King Edward Point;
19. THENCE generally northeasterly along the sinuosity of the ordinary high water mark of Ellesmere Island to a point where latitude 76^°35’16” North meets the same at approximate longitude 78^°07'21" West;
20. THENCE southeasterly in a straight line to a point at latitude 76^°30'12" North and longitude 77^°53’42” West in Baffin Bay;
21. THENCE southeasterly in a straight line to a point at latitude 76^°24’13” North and longitude 77^°50'20" West in Baffin Bay;
22. THENCE southeasterly in a straight line to a point at latitude 75^°25'54"North and longitude 78^°06'41" West in Baffin Bay;
23. THENCE southeasterly in a straight line to a point at latitude 74^°56'17" North and longitude 77^°03'02" West in Baffin Bay;
24. THENCE southeasterly in a straight line to a point at latitude 74^°33'47" North and longitude 75^°35'49"West in Baffin Bay;
25. THENCE southeasterly in a straight line to a point at latitude 74^°05'26" North and longitude 74^°26'29"West in Baffin Bay;
26. THENCE southeasterly in a straight line to the PLACE OF COMMENCEMENT.

5.1

Objectives

5.2

Aulattiqatigiit Board

1. Three appointments by the Government of Canada:
1. Parks Canada Field Unit Superintendent for Tallurutiup Imanga NMCA;
2. A senior representative of the Department of Fisheries and Oceans; and
3. A senior representative of another federal department, or another representative as determined by the Minister;
2. Three appointments by QIA:
1. QIA Director or department head for Tallurutiup Imanga NMCA;
2. Chair of the Inuit Advisory Committee (Imaq); and
3. A representative as determined by QIA.

5.3

Aulattiqatigiit Board Meetings and Procedures

5.4

Aulattiqatigiit Board Member Orientation

5.5

Aulattiqatigiit Board Costs and Funding

5.6

Aulattiqatigiit Board Self-Evaluation

5.7

Aulattiqatigiit Board Roles and Responsibilities

1. implementation of the Tallurutiup Imanga NMCA Interim Management Plan;
2. development, implementation and review of future Management Plans for Tallurutiup Imanga NMCA and recommendation of the plans for approval to the relevant Ministers;
3. development of recommendations, in accordance with the procedures to be developed in accordance with paragraph d) below, regarding specific project proposals submitted to Parks Canada pursuant to the Nunavut Planning and Project Assessment Act regarding their conformity with requirements in applicable laws, regulations and policies including the Interim Management Plan and subsequent Management Plans;
4. development of recommendations and procedures to implement the Nunavut Planning and Project Assessment Act in Tallurutiup Imanga NMCA for conformity determinations, including but not limited to, the development of:
1. a list of routine activities that do not require a conformity determination;
2. a process for the timely review of two categories of project proposals, one category for which activities can be reviewed by the OC, and one category for which activities shall be reviewed by the Aulattiqatigiit Board;
3. a process for the OC to report on its review back to the Aulattiqatigiit Board;
4. a process for the OC or the Aulattiqatigiit Board when referring a proposal to the Nunavut Impact Review Board; and
5. a review process for when a project proposal occurs inside and outside Tallurutiup Imanga NMCA.
5. development of guidelines and processes applicable to permits or licences for businesses, research, tourism, and other activities that are under the authority of Parks Canada within Tallurutiup Imanga NMCA, including the issuance of business permits or licences;
6. development of recommendations to responsible authorities, with respect to marine shipping activities within Tallurutiup Imanga NMCA;
7. coordination of the aspects of the Inuit Stewardship Program that are directly contributing to the operation and management of Tallurutiup Imanga NMCA, where QIA has agreed that specific functions or tasks may be performed for Tallurutiup Imanga NMCA by the Inuit Stewardship Program;
8. development of recommendations regarding processes related to public consultations and other communications with governments, Inuit organizations, and other parties on matters affecting the management of Tallurutiup Imanga NMCA;
9. development and review of an Annual Plan including methods of implementation, staffing and other reasonable implementation requirements, as well as budgets and expenditures of Parks Canada and QIA related to the management of Tallurutiup Imanga NMCA;
10. review of implementation reports and other documents provided by the OC;
11. consideration of procedures in advance for dealing with possible emergencies concerning public safety and threats to the natural resources and cultural features of Tallurutiup Imanga NMCA;
12. development of recommendations with respect to the continuity of Inuit cultural uses, protection of sites of special and spiritual-cultural significance to Inuit, and renewable resource harvesting including wildlife harvesting;
13. development of strategies and review of economic development plans, including, but not limited to, potential development of commercial fisheries, to identify management actions that could assist Inuit and Inuit Firms to take advantage of the full range of economic and employment opportunities associated with the planning, operation, management and use of Tallurutiup Imanga NMCA;
14. development of recommendations with regard to outfitters including Inuit outfitters participation in sport hunting opportunities within Tallurutiup Imanga NMCA;
15. referral of issues and provision of directions to the OC as described in section 5.10.4 and including other matters at the discretion of the Aulattiqatigiit Board;
16. development of recommendations to the Parties regarding any other matter pertaining to the planning, operation, management or use of Tallurutiup Imanga NMCA and any other activities that may affect Tallurutiup Imanga NMCA;
17. development of a protocol related to the use and disclosure of Inuit Qaujimajatuqangit taking into consideration the policies and procedures of the Parties;
18. development of recommendations to responsible authorities with respect to any matter concerning wildlife populations and wildlife management, as it deems appropriate, within Tallurutiup Imanga NMCA, except allocation;
19. development of recommendations to the NWMB, other Institutions of Public Government and other agencies, as it deems appropriate, on all matters related to Tallurutiup Imanga NMCA; and
20. development of recommendations to the Parties regarding agreements of the Parties with Institutions of Public Government on all matters related to Tallurutiup Imanga NMCA management.

5.8

Aulattiqatigiit Board Consensus Process

5.9

Where the Aulattiqatigiit Board Cannot Reach Consensus

5.10

Operations Committee

1. implementing the Annual Plan(s) developed by the Aulattiqatigiit Board including budgets;
2. presenting annual management and implementation reports for consideration of the Aulattiqatigiit Board;
3. developing any reports, guidelines or other materials as requested by the Aulattiqatigiit Board, or by either party, for consideration by the Aulattiqatigiit Board;
4. working together to implement the Interim Management Plan and Management Plans as directed; and
5. developing any proposal for consideration by the Aulattiqatigiit Board.

5.11

Migratory Bird Sanctuaries

5.12

Capacity Funding

6.1

Objectives

6.2

Imaq

6.3

Role of Imaq

1. the management and delivery of benefits from this Agreement;
2. overall implementation of this Agreement;
3. matters affecting Inuit including, but not limited to:
1. development of strategies to facilitate the continuity of Inuit cultural uses, including traditional renewable resource harvesting; and
2. protection of sites of special spiritual-cultural significance to Inuit; and
3. any other matter referred to Imaq by QIA.

6.4

Meetings

6.5

Costs of Imaq

7.1

Objectives

7.2

Management Advisory Committee

7.3

Management Planning Process

1. identify management planning issues and options through a scoping exercise, a marine spatial planning exercise or other mechanisms;
2. prepare a draft consultation plan; and
3. prepare a draft management plan.

8.1

Objectives

8.2

Inuit Rights and Activities – Non Derogation

8.3

Aulattiqatigiit Board Dialogue

8.4

Inuit Harvesting

8.5

Sports Hunting

8.6

Emergency, Illegal, or Accidental Kills of Wildlife

8.7

Species at Risk

9.1

Objectives

9.2

Establishment and Operation of the Inuit Stewardship Program

1. environmental and other research and monitoring;
2. collection of Inuit Qaujimajatuqangit;
3. data management;
4. knowledge exchanges, training and skills development;
5. patrols;
6. search and rescue;
7. youth engagement, skills development and mentoring;
8. tool, equipment making and cabin construction and maintenance;
9. visitor reception;
10. cultural interpretation;
11. Inuit cultural practices such as harvesting and other rights-based activities; and
12. development to be designated as enforcement officers where feasible in accordance with relevant federal statutes.

9.3

Inuit Stewards: Contribution to the Cooperative Management of Tallurutiup Imanga NMCA

9.4

Inuit Stewards: Other Opportunities

9.5

Training

9.6

Inuit Stewards and Other Programs

10.1

Objectives

10.2

General

10.3

Marine Shipping Management Collaboration

1. increasing community awareness of vessel traffic activity and oversight activities within Tallurutiup Imanga NMCA;
2. increasing community awareness on the types of vessel activities in Canada; and
3. informing communities on marine shipping management as it relates to Tallurutiup Imanga NMCA.

10.4

Investment in Capacity Building for Inuit

10.5

Transport Canada Centre

11.1

Objectives

1. inform Tallurutiup Imanga NMCA Communities about the National Marine Conservation Area, and potential opportunities for Inuit;
2. provide opportunities for the public and visitors to gain a better understanding of Nunavut, Tallurutiup Imanga NMCA and the Inuit relationship with Tallurutiup Imanga NMCA; and
3. increase awareness and generally promote Tallurutiup Imanga NMCA

11.2

General

11.3

Promotion and Information Sharing

11.4

Heritage Interpretation

11.5

Visitor Reception

11.6

Visitor Registration and Orientation

12.1

Objectives

12.2

Management of Cultural Resources

12.3

Human Remains, Burial Sites and Burial Objects

13.1

Objectives

13.2

General

13.3

Ethical and Responsible Practices

13.4

Research and Monitoring Strategy

1. identify the western science and Inuit Science research and monitoring priorities and needs for Tallurutiup Imanga NMCA;
2. list the research and monitoring priorities of each one of the Tallurutiup Imanga NMCA Communities;
3. identify the research and monitoring priorities of Parks Canada, the Department of Fisheries and Oceans and Inuit;
4. identify steps necessary to promote Inuit Science;
5. identify training and capacity building needs and opportunities for Inuit in the Tallurutiup Imanga Communities to support Inuit involvement and engagement in research and monitoring;
6. identify requirements and processes to support positive impacts in the Tallurutiup Imanga NMCA Communities including economic benefits;
7. identify data management and process requirements to ensure western and Inuit science results are stored and accessed for planning, management and operational decision-making;
8. identify infrastructure and human resources needed and requirements for data collection, storage, management, accessibility and communication;
9. include principles to guide the research of archaeological, social, cultural and ecological information about Tallurutiup Imanga NMCA;
10. be consistent with the Nunavut Agreement, this Agreement, laws of general application, and the Interim Management Plan and future Management Plans when completed; and
11. be developed with due regard for Canada’s rights and obligations under international law.

13.5

Collaboration in Research

13.6

Inuit Research and Monitoring Fund

1. establishment and operation of community research committees;
2. development of community research and monitoring protocols;
3. Inuit oral history projects related to the Tallurutiup Imanga NMCA;
4. training opportunities and skills development for Inuit youth and community members related to research and monitoring from a western science or Inuit Science perspective;
5. community research, baseline studies and monitoring including with respect to sea ice and weather;
6. research and monitoring activities that require additional support;
7. scholarships related to increasing Inuit capacity in research and monitoring;
8. investments in research technologies;
9. the development of an Inuit Research and Monitoring Plan that at a minimum identifies community research and monitoring priorities and ethical research recommendations; and
10. workshops or conferences that promote the exchange of research and monitoring knowledge and skills.

13.7

Research Proposals

1. a project title, applicant’s name, institution and contact information;
2. personnel on the research team;
3. funding sources for the research;
4. benefits of the research to the community including information on how much money will be spent in the community and how many local researchers, assistants, or other positions will be hired;
5. location of the proposed research including field sites on land or water;
6. duration of research and fieldwork periods;
7. project description, objectives, purpose and research methods;
8. an analysis of how the research meets the guidelines for ethical conduct or research produced by the Aulattiqatigiit Board and any other reviews or approvals;
9. description of the data to be collected (quantitative or qualitative) including any sampling procedures;
10. indication of whether there will be human subjects, if yes, details on methods and consent procedures and copies of consent forms in English and Inuktitut;
11. if interviews are planned, what kind, and an explanation as to why this method is required and who will be interviewed;
12. planned use of vehicles, infrastructure, or other equipment;
13. a waste disposal plan;
14. description of any conservation based risks or impacts to Inuit related to the research;
15. a plan for data management and any access to the data available to the Parties;
16. consideration of intellectual property rights of any participants;
17. as appropriate, support letter(s) from the communities and other organizations;
18. indication of what permits or licences were applied for;
19. description of reporting and how research results will be shared with the participants and communities involved, as well as with Nunavummiut, research community and the general public; and
20. a one-page summary of the project in English and Inuktut that can be used in annual compendium of research accessible to the public.

13.8

Marine Scientific Research Applications Received by Global Affairs Canada

13.9

Inuit and Community Led Research

1. access to relevant research reports, or other relevant information available to Parks Canada, or other government departments or agencies that could assist the researcher in carrying out his or her research;
2. reasonable access to the necessary Parks Canada facilities and equipment, if available, during the data collection and data analysis stages of the research; and
3. where reasonable, allow the Inuk researcher or researchers to travel at no cost on Parks Canada charter aircraft flights or in Parks Canada vehicles or watercraft.

14.1

Objectives

14.2

Cooperation pertaining to Inuit employment dedicated to the management and conservation of Tallurutiup Imanga NMCA

1. knowledge of Inuit culture, society and economy;
2. knowledge of Inuktut;
3. knowledge of this Agreement and the Nunavut Agreement;
4. knowledge of the environmental and cultural aspects of the Tallurutiup Imanga NMCA and surrounding area;
5. community awareness; and
6. relevant northern experience.

14.3

Recruitment and Promotion of Inuit in Government Employment related to Tallurutiup Imanga NMCA

1. practices and procedures for filling positions, including methods of advertising;
2. identifying and prioritizing hiring criteria and qualifications, and removing systemic barriers to the employment of Inuit;
3. non-generic job descriptions, when required, and all statements of qualifications, including consideration of bona fide job requirements and skills equivalencies;
4. an annual training plan for Inuit employed by Canada; and
5. an annual retention plan for Inuit.

14.4

Training and Development of Inuit Employed by Parks Canada

1. specific training required for the existing position;
2. the employee’s short and long term career goals; and
3. training available to assist the employee in achieving his or her career goals.

1. providing mentoring programs,
2. providing instruction in Inuktut,
3. any mobility constraints or preferences of the employee for the location of the training to be in the Nunavut Settlement Area,
4. paying tuition or course fees for Inuit staff taking part-time post-secondary courses necessary to progress into positions identified on their training and career plan that have educational requirements they do not possess, and
5. providing time during working hours for study and course work.

15.1

Objectives

15.2

Contract Management – Inuit Rights

15.3

Business Opportunities and Ventures – QIA Right of First Refusal

1. where Canada intends to contract out such a business opportunity or venture it shall notify QIA in writing;
2. Canada’s notice shall state a reasonable date for response from QIA, which shall not be less than 45 days from the date of initial written notice;
3. in accordance with section 8.4.9 of the Nunavut Agreement, Canada shall, upon request, make available to QIA all reports and other materials in its possession relevant to the analysis of the economic feasibility of the business opportunity and venture; and
4. if QIA submits a reasonable response within the stated response time that conforms in all material respect to the contract requirements, Canada shall enter into a contract with QIA for the business opportunity or venture.

15.4

Parks Canada Business Licences for Tallurutiup Imanga NMCA

15.5

Limited Entry

15.6

Annual Review

16.1

Objectives

16.2

Fisheries Management

16.3

Tallurutiup Imanga Fisheries Collaboration and Information Exchange

1. presentations by Department of Fisheries and Oceans and other organizations as appropriate on existing knowledge of inshore fisheries science, research, assessments and knowledge gaps for areas adjacent to the Tallurutiup Imanga NMCA Communities;
2. an opportunity for community members to share and map Inuit knowledge of the marine ecosystem, including related fish information, harvesting and resource use;
3. an assessment of community priorities for opportunities to develop inshore commercial fisheries;
4. a presentation of both the steps necessary to establish an inshore commercial fishery pursuant to Department of Fisheries and Oceans policy and the supports available from Department of Fisheries and Oceans;
5. opportunities for presentations by co-management organizations and other relevant organizations on the types of support available that the organization may offer to communities to explore fisheries potential, and if authorized, to conduct the fishery; and
6. Department of Fisheries and Oceans presentation on contribution funding available to eligible Inuit organizations pursuant to subsection 16.4.4.

16.4

Fisheries and Marine Planning in Tallurutiup Imanga NMCA

17.1

Objectives

17.2

General

17.3

Application of this Agreement to a Marine Protected Area or a National Marine Conservation Area

1. the review of a management plan;
2. consideration of procedures in advance for dealing with possible emergencies concerning public safety and security and threats to the natural resources and ecological features;
3. development of recommendations with respect to the continuity of Inuit uses of the area, protection of sites of special and spiritual-cultural significance to Inuit, and renewable resource harvesting including wildlife harvesting;
4. development of recommendations to the Nunavut Wildlife Management Board, other Institutions of Public Government and other agencies, as it deems appropriate, on matters related to the Marine Protected Area; and
5. development of recommendations to the Parties regarding agreements of the Parties with Institutions of Public Government on all matters related to the management of the Marine Protected Area.

18.1

Objectives

18.2

Implementation

18.3

Implementation Plan

18.4

Implementation Funding

1. Within 45 days of the Effective Date payments through two grants; and
2. Within 45 days of the Effective Date payments through one contribution.

1. up to ten percent, or
2. over ten percent if Parks Canada approves the adjustment,

19.1

Objectives

19.2

Annual Reviews

1. review the annual implementation report prepared by the OC pursuant to paragraph 5.10.4b) for the past year, and assess the Parties’ performance against the Parties’ respective obligations, and available funding;
2. review and consider milestones for determining whether the objectives of this Agreement are being achieved to include in the annual summary report;
3. prepare an annual summary report of the results of that year’s annual review; and
4. consider any other matter which will assist with the effective implementation of this Agreement.

19.3

Three Year Review of section 5.4

19.4

Year Five Review

1. contract for an independent evaluation of this Agreement to determine whether the objectives and commitments of this Agreement are being achieved; and
2. share the cost of the evaluation equally.

19.5

Renegotiation of the IIBA

20.1

Objectives

20.2

Application of Dispute Resolution Process

20.3

Dispute Resolution Process