Establishment Agreement

Interpretation

1.01 Definitions and Abbreviations

In this agreement,

1. "Archaeological Site" means a place at which evidence of previous human activities can be found and at which an understanding of these activities can be achieved through the employment of archaeological methods and techniques;
2. "Archaeological Site Assemblage" means the totality of archaeological specimens recovered and records of observations made during the archaeological investigation of a site;
3. "Archaeological Specimen" means an object, a component of an object, a fragment or shard of an object, a cast or model of an object, or a soil, botanical or other sample of archaeological interest;
4. "Bid Invitation" means to call publicly for bids;
5. "Bid Solicitation" means to request bids from a limited number of businesses based on some form of pre-qualification or selection criteria;
6. "CPS" means the Canadian Parks Service;
7. "consult" and "consultation" means, where the context requires:
   1. providing the party to be consulted with notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter;
   2. providing a reasonable period of time in which the party to be consulted may prepare its views on the matter, and providing an opportunity to present such views to the party obliged to consult; and
   3. full, fair and meaningful consideration by the party obliged to consult of any views presented;
8. "Cultural Resource" means a human work or a place that gives evidence of a human activity or has spiritual significance;
9. "Director General" means an officer appointed under the Public Service Employment Act and holding the office of Director General in the Department of the Environment;
10. "Exclusive right to harvest" means the sole right to harvest game;
11. "Fish" includes shellfish, crustaceans and marine animals and eggs, spawn, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;
12. "Firearm" means any weapon from which any shot, bullet or other missile can be discharged and that is capable of causing injury or death to wildlife and includes anything that can be adapted for use as a firearm and anything that is designed for or capable of being used for the purpose of causing injury or death to wildlife;
13. "FJMC" means the Fisheries Joint Management Committee;
14. "Game" means Wildlife other than fish, migratory non-game birds and migratory insectivorous birds;
15. "Government Contract" means any procurement contract related to the establishment, development or operation of the Park between Canada and a Party other than Canada and includes:
    1. contracts for the supply of goods;
    2. construction contracts;
    3. contracts for the supply of services; and
    4. leases taken by Canada;
16. "Guide" means a person who holds a valid licence issued pursuant to the National Parks Businesses Regulations, as amended from time to time, to carry on the business of a Guide;
17. "Hunt" means to trap, chase, pursue, worry, follow after or on the trail of, search for, shoot at, stalk, lie in wait for, or to attempt, in any manner, to capture, kill or injure any wildlife whether or not the wildlife is captured, killed or injured;
18. "IFA" means the Inuvialuit Final Agreement as amended from time to time;
19. "Interim Management Guidelines" means guidelines created for the management and operation of the Park prior to the approval of a Management Plan for the Park.
20. "Inuvialuit" means those people known as Inuvialuit, Inuit or Eskimo who are beneficiaries under the IFA and, where the context requires, includes the Inuvialuit Regional Corporation, the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Umayot Corporation, the Inuvialuit Petroleum Corporation, the Inuvialuit community corporations, and the Inuvialuit Trust and any corporations, trusts or organizations controlled by the Inuvialuit that may be established by, pursuant to or subsequent to the IFA, including individual Inuvialuit, partnerships of Inuvialuit, any corporation or entity the majority of which is owned by Inuvialuit and ventures in which the Inuvialuit have an interest greater than 50%;
21. "Inuvialuit Business" means an entity which complies with the legal requirements to carry on business in the Western Arctic Region, and which is:
    1. a limited company with, in the case of a share capital company, more than fifty percent of the company's voting shares beneficially owned by one or more Inuvialuit, or with, in the case of a non-share capital company, more than fifty percent of the voting members being Inuvialuit, or which is a subsidiary of such limited company with more than fifty percent of the subsidiary's voting shares owned by such company;
    2. a co-operative owned by Inuvialuit;
    3. a sole proprietorship owned by Inuvialuit or a partnership, joint venture or consortium, more than fifty percent (50%) of which is owned by Inuvialuit;
22. "Management Plan" means the management plan required pursuant to section 5 of the National Parks Act;
23. "Minister" means such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of the National Parks Act;
24. "Natural Resources" means all natural elements of land, water and species found within the Park;
25. "Park" means the national park to be established as contemplated in this agreement, and those lands intended to comprise such Park as set out in Annex "A" to this Agreement, whether before or after a national park is formally established, as context requires;
26. "Party" means any party to this Agreement;
27. "Provision" in this Agreement or the IFA means any term, covenant, condition, warranty, or agreement, or a combination of the foregoing, set out in this Agreement or the IFA, as the case may be;
28. "SHCC" means the Sachs Harbour Community Corporation
29. "SHHTC" means the Sachs Harbour Hunters and Trappers Committee;
30. "Sport Fishing" means angling as defined in the National Park Fishing Regulations, but does not include angling for subsistence by Inuvialuit;
31. "Subsistence Usage" means
    1. with respect to wildlife other than migratory game birds, migratory non-game birds and migratory insectivorous birds subject to international conventions, the taking of wildlife by Inuvialuit for their personal use for food and clothing, and the taking of wildlife for the purpose of trade, barter and sale among Inuvialuit and trade, barter and sale to any person of the non-edible by-products of wildlife that are incidental to the taking of wildlife by Inuvialuit for their personal use; and
    2. with respect to migratory game birds, migratory non-game birds and migratory insectivorous birds, subject to the Migratory Birds Convention Act, the taking of such birds by Inuvialuit for their personal use for food and clothing, and the taking of such birds for the purpose of trade and barter among the Inuvialuit and trade, barter and sale to any person of non-edible parts of such birds, to the extent permitted by law;
32. "Superintendent" means an officer appointed under the Public Service Employment Act and holding the office of Superintendent in a national park, including any person appointed under the Act who is authorized by such an officer to act on the officer's behalf;
33. "Visitor" means any person other than staff, agents and contractors of Canada acting within the scope of their employment and Inuvialuit exercising wildlife harvesting rights, while such person or persons are within the Park;
34. "Wildlife" means all fauna in a wild state other than reindeer;
35. "WMAC" means the Wildlife Management Advisory Council ( NWT );
36. "Zone I - Special Preservation" means specific areas or features which deserve preservation because they contain or support unique, rare or endangered features or the best examples of natural or cultural features in the Park; and
37. "Zone II - Wilderness" means extensive areas which are good representations of each of the natural history themes of the Park and which will be maintained in a natural state.