The Tuktut Nogait Agreement

1.1 Definitions and Abbreviations

"Agreement" means this Agreement. ("Entente")

" 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. (" site archéologique ")

" Archaeological Site Assemblages " means the totality of Archaeological Specimens recovered and records of observations made during the archaeological investigation of a site. (" assemblages de site archéologique ")

" Archaeological Specimen" means an object, 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. (" spécimen archéologique ")

" Bid Invitation" means to call for bids by Public Notice. (" appel d'offres ")

" Bid Solicitation" means to request bids from a limited number of businesses based on some form of pre-qualification or selection criteria. (" demande de soumissions ")

" Board" means the Tuktut Nogait National Park Management Board described primarily in Sections 5 through 7 of this Agreement. (" Conseil de gestion ")

" Canada" means the Government of Canada as represented by the Minister of Canadian Heritage with responsibility for Parks Canada. (" Canada ")

" Community Development Plan" means the training and community development plan described in Section 10 below. (" plan d'aide commun ")

" DCH" means the Department of Canadian Heritage, as defined by the Department of Canadian Heritage Act, S.C. 1995, c. 11, not yet proclaimed into force. (" MPC ")

" DCH Director" means the Director for the Northwest Territories of the Department of Canadian Heritage, or his/her designate. (" Directeur du MPC ")

" EISC" means the Environmental Impact Screening Committee described in Section 11 of the IFA. (" Comité d'étude ")

" EIRB" means the Environmental Impact Review Board described in Section 11 of the IFA. (" Conseil d'examen ")

" Furbearers" means all species of Game that are or may be harvested by trapping and, for greater certainty but without limiting the generality of the foregoing, includes: Castor including beaver; Alopex including arctic fox; Lutra including otter; Lynx including lynx, Martes including martens and fishers; Mephitis including skunk; Mustela including ermine, weasel, least weasel and mink; Ondatra including muskrat; Tamiasciurus including red squirrel; Vulpes including red, cross, black and silver fox; Gulo including wolverine; Canis including wolves and coyotes; Marmota including marmots; Lepus including hares; Spermophilus including ground squirrels; but does not include members of the genus Ursus, including black and grizzly bears. (" animaux à fourrure ")

" FJMC" means the Fisheries Joint Management Committee described in Section 14 of the IFA. (" CMGP ")

" GNWT" means the Government of the Northwest Territories. (" GTN-O ")

" Game" means Wildlife other than fish, migratory non-Game birds and migratory insectivorous birds. (" animaux-gibier ")

" Government Contract" means any procurement contract related to the establishment, operation or management 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. (" marché de l'État ")

" IFA" means the Inuvialuit Final Agreement as amended from time to time, which Parliament approved, gave effect to and declared valid in the Western Arctic (Inuvialuit) Claims Settlement Act, S.C., 1984, c. 49, proclaimed into force on July 25, 1984. (" CDI ")

" IGC" means the Inuvialuit Game Council described in Section 14 of the IFA. (" CGG ")

" IRC" means the Inuvialuit Regional Corporation, described in Section 6 of the IFA. (" SRI ")

" ISR" means the Inuvialuit Settlement Region, described in Annex A-2 of the IFA. (" RRI ")

" Inuvialuit" means those people known as Inuvialuit, Inuit or Eskimo who are beneficiaries under the IFA by reason of the settlement of their claim to traditional use and occupancy of the land in the ISR, and where the context requires, includes the Inuvialuit Regional Corporation, the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Investment Corporation, the Inuvialuit community corporations and any other corporations or trusts controlled by the Inuvialuit that may be established by or pursuant 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 of greater than fifty percent. (" Inuvialuit ")

The Inuvialuit are represented for the purposes of this Agreement by the Inuvialuit Regional Corporation, the Inuvialuit Game Council, the Paulatuk Community Corporation and the Paulatuk Hunters and Trappers Committee.

" 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 owed by such company; or
2. a co-operative owned by Inuvialuit; or
3. a sole proprietorship owned by Inuvialuit, or a partnership more than fifty (50) percent of which is owned by Inuvialuit; or
4. a joint venture or consortium in which Inuvialuit have at least fifty (50) percent ownership and control. (" entreprise inuvialuit ")

" Inuvialuit Lands" means all lands provided to the Inuvialuit by or pursuant to the IFA. (" terres inuvialuit ")

" Management Plan" means the management plan required pursuant to Section 5 of the National Parks Act. (" plan de gestion ")

" Minister" means the Minister of Canadian Heritage responsible for national parks unless otherwise indicated. (" Ministre ")

" Park" means the national park described in this Agreement, named Tuktut Nogait National Park, and which is comprised of those lands set out in Annex 1 to this Agreement, whether before or after the Park is formally established, as the context requires. (" Parc ")

" Parks Canada" means that part of the Department of Canadian Heritage of the Government of Canada with responsibility for national parks pursuant to the National Parks Act. (" Parcs Canada ")

" PCC" means the Paulatuk Community Corporation, referred to in Section 6 of the IFA. (" SCP ")

" PHTC" means the Paulatuk Hunters and Trappers Committee, referred to in Subsections 14(75) to (79) of the IFA. (" CCTP ")

" Public Notice" means notification by electronic means or by posting. (" avis public ") " Subsistence Usage" means:

• 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 includes the taking of Wildlife for the purpose of trade, barter and, subject to Section 12 of the IFA, 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
• 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 includes the taking of such birds for the purpose of trade and barter among the Inuvialuit and trade, barter and sale to any person of the non-edible parts of such birds to the extent permitted under regulations made pursuant to the Migratory Birds Convention Act. (" usage à des fins de subsistence ")

" Territorial Government" means the Government of the Northwest Territories. ("administration territoriale ")

" Visitor" means any person other than the employees and independent 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. (" visiteur ")

" WMAC (NWT)" means the Wildlife Management Advisory Council (NWT) described in Section 14 of the IFA. (" CCGF (TN-O) ")

" Western Arctic Region" means that portion of the Inuvialuit Settlement Region other than the Yukon Territory. (" région de l'Arctique de l'Ouest ")

" Wildlife" means all fauna in a wild state other than reindeer. (" faune ")