Nunavik Agreement

In 2008-2011, AANDC undertook several activities related to the implementation of the NILCA. These activities included AANDC`s participation in the NILCA Implementation Committee to ensure the proper and timely implementation of the NILCA, the department`s participation in the establishment of the three public public institutions, and the establishment of funding agreements for these public authorities. In this regard, AANDC has helped to resolve funding and related issues for these public authorities and has held briefings for Nunavik`s regional organizations and institutions on NILCA. Finally, the department participated, in conjunction with Makivik Corporation, in the implementation of the overlapping agreements of Articles 27, 28 and 29 of the NILCA. The tripartite IPA, lower Churchill IBA and Upper Churchill Redress Agreement were signed in Natuashish on November 18, 2011. Negotiations between Canada, Newfoundland and Labrador and Innu Nation for a definitive land claim and self-management agreement are underway. The Innu Nation`s claim, accepted in 1978 by the federal government to negotiate, covers about 70% of Labrador. A framework agreement signed in 1996 by Canada, the Netherlands and the Innu Nation sets the ground rules for negotiations. The Tshash Petapen Agreement (jash pey-taah-ben), known as the New Dawn Agreement, was signed on September 26, 2008. It is a bilateral agreement between the Innu Nation of Labrador and the Government of Newfoundland and Labrador. He resolved key issues relating to business between the province and the Innu nation through the Innu Land Claims Agreement, the Lower Churchill Impacts and Benefits Agreement (IBA) and innu redress for the Upper Churchill hydroelectric development.

The New Dawn agreement served as the basis for the ongoing negotiations on the three agreements. The provisions relating to capital transfer, implementation funding, listing, funding agreements with the Government of Nunavut and funding of NILCA public institutions were incorporated into the agreement and its implementation plan. These provisions were estimated at $131 million from Note 2, which was to be carried forward to the initial 10-year period following the adoption of this agreement. Since the adoption of the NILCA, payments have been made successfully on final schedules. The implementation plan is a very important aspect of any implementation process, as it defines the obligations and responsibilities of each party, as well as the timelines for implementing these obligations and responsibilities in terms of financing all costs and expenses associated with the implementation of a contract. The plan also includes the amount of resources and responsibilities in implementing a treaty. The NILCA implementation plan, jointly developed by representatives of Canada and the Makivik Corporation, is not a land agreement or contract within the meaning of Section 35 of the Constitution Act of 1982, but constitutes a legally binding contract between the parties, unless otherwise stated. The first phase of the implementation plan began with the entry into force of the NILCA and ends on the tenth anniversary of the entry into force of the NILCA. Appendix B of the implementation plan includes funding payments and possible annual adjustments during the first implementation period.

Finally, as a result of these new conditions, the NILCA implementation process proved to be much more effective than that of the James Bay and Northern Quebec Agreement, signed by the Nunavik Inuit in 1975. The latter agreement did not contain specific procedures or details essential to its implementation, which has led to many implementation difficulties in recent decades.

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