Archived - Sahtu Dene and Metis Comprehensive Land Claim Agreement Annual Report of the Implementation Committee April 1, 2001 - March 31, 2002
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Table of Contents
- Glossary of Acronyms and Abbreviations
- Chapter 1 - Features of the Agreement
- Chapter 2 - Highlights
- Chapter 3 - Specific Issues
- Chapter 4 - Implementation Committee
- Chapter 5 - Implementing Bodies
- Chapter 6 - The Sahtu Secretariat Incorporated
- Chapter 7 - Government of the Northwest Territories
- Chapter 8 - Government of Canada
- Appendix A1 - Membership of Implementing Bodies (as of March 31, 2002)
- Appendix A2 - Web Site Addresses
- Appendix A3 - Map of Sahtu Settlement Area
- Appendix A4 - Schedule of Capital Transfer Payments 1994 to 2001
- Appendix A5 - Implementation Payments 1994-1995 to 2001-2002
- Appendix A6 - Payments under Section 10.1 with Respect to Resource Royalties Paid to Government 1993 to 2001
- Appendix A7 - Property Taxes Paid to GNWT 1994 to 2001
The Implementation Committee is pleased to provide its eighth annual report on the implementation of the Sahtu Dene and Metis Comprehensive Land Claim Agreement. The report covers the fiscal year from April 1, 2001 to March 31, 2002.
The Implementation Committee consists of a senior official from each of the parties: the Sahtu Secretariat Incorporated (SSI), the Government of the Northwest Territories (GNWT) and the Government of Canada. It functions by consensus and serves as a forum where parties can raise issues and voice their concerns.
The role of the Implementation Committee is to oversee, direct and monitor implementation of the Agreement. This annual report describes achievements and developments during the year. Information is contributed by various federal and territorial departments, the SSI and other bodies established under the Agreement.
We are committed to strengthening the partnerships that are key to the successful implementation of the Agreement. Our achievements, to date, are the product of partners working together to recognize Aboriginal rights in an atmosphere of mutual respect, and the commitment of the parties to fulfil obligations pursuant to this Agreement.
Sahtu Secretariat Incorporated
Government of the Northwest Territories
Government of Canada
Glossaire des acronymes et des abréviations
Affaires indiennes et du Nord Canada
Conseil d'aménagement territorial du Sahtu
Conseil des ressources renouvelables du Sahtu
Canadian Association of Petroleum Producers
Canadian Environmental Assessment Act
Cumulative Impact Monitoring Program
Cumulative Impact Monitoring Program and Audit Working Group
Canadian Wildlife Service
Department of Fisheries and Oceans
Geographic Information System
Government of the Northwest Territories
Gwich'in Tribal Council
Human Resources Development Canada
Indian and Northern Affairs Canada
Institutions of Public Government
Labour Market Development Agreement
Ministry of Aboriginal Affairs
Memorandum of Intent
Memorandum of Understanding
Mackenzie Valley Environmental Impact Review Board
Mackenzie Valley Land and Water Board
Mackenzie Valley Resource Management Act
National Energy Board
Protected Area Strategy
Public Works and Government Services Canada
Renewable Resources Council
Regional Renewable Resources Committee
Resources, Wildlife and Economic Development
Settlement Area Harvest Study
Sahtu Land Use Planning Board
Sahtu Land and Water Board
Surface Rights Board
Sahtu Renewable Resources Board
SSA Sahtu Settlement Area
Sahtu Secretariat Incorporated
Valued ecosystem component
Chapter 1 - Features of the Agreement
In July 1993, the Sahtu Dene and Metis voted to approve the Sahtu Dene and Metis Comprehensive Land Claim Agreement. After being approved by the governments of Canada and the Northwest Territories, the Agreement was signed on September 6, 1993, in Tulita (formerly Fort Norman). The Sahtu Dene and Metis Land Claim Settlement Act came into effect on June 23, 1994.
Under the Agreement, the Sahtu Dene and Metis:
- received title to 41,437 square kilometres of
land in the Northwest Territories (NWT), an
area slightly larger than Vancouver Island
(subsurface rights are included on 1,813 square
kilometres of this land);
- will receive financial payments totalling
$75 million (in 1990 dollars) over a 15-year
period, as well as a share of the resource royalties
paid to governments each year by operators
in the Mackenzie Valley;
- have their right to hunt and fish throughout
the Sahtu Settlement Area (SSA) confirmed and
their exclusive right to trap in the SSA established;
- are guaranteed participation in institutions
of public government (IPGs) for renewable
resource management, land use planning, and
land and water use within the SSA, and environmental
impact assessment and review within the
The Agreement also provides for the negotiation of self-government agreements that will be brought into effect through federal and/or territorial legislation.
Chapter 2 - Highlights
On the eighth anniversary date of the Agreement, the SSI received a capital transfer payment of $8,300,094 after negotiation loans were deducted, and was paid $535,998 in resource royalties for the year 2001.
A draft five-year strategic plan and work program for the Cumulative Impact Monitoring Program and audit were developed. This was followed by a draft implementation framework and work on priority valued ecosystem components (VECs).
- A joint Sahtu-Gwich'in Economic Measures
Review meeting was held in November 2001
and resulted in recommendations to develop a
methodology for reviewing the effectiveness of
economic activities and improving information
- The Northern Pipeline Environmental Impact
Assessment and Regulatory Chairs' Committee
produced the Draft Cooperation Plan for
Environmental Impact Assessment and
Regulatory Review of a Northern Gas Pipeline
Project. This group represents the various
regulatory and environmental assessment
bodies that will deal with an application to
build a Mackenzie Valley natural gas pipeline
and includes the chairs of the Sahtu Land
and Water Board (SLWB) and Mackenzie
Valley Environmental Impact Review Board
- The Sahtu Renewable Resources Board (SRRB)
and Sahtu Land Use Planning Board (SLUPB)
conducted consultations and educational activities
with representatives of pipeline groups, oil
and gas companies, and environmental consultants
in preparation for increased hydrocarbon
exploration in the Mackenzie Valley.
- As of December 31, 2001, 2,741 beneficiaries
- The SRRB sponsored the Wildlife Research
Permit Workshop which resulted in a recommendation
to the Minister of Resources, Wildlife
and Economic Development (RWED) on a new
process for handling wildlife research permits.
- Eight research projects, totalling over $200,000
were funded by the SRRB.
- The MOU revised its draft Rules of
Procedure for Environmental Assessment and
Environmental Impact Review Proceedings and,
after publishing notification in the Canada
Gazette in December 2001, formally adopted
these rules in March 2002.
- A memorandum of understanding (MOU) was
signed between the MOU and the National
Energy Board (NEB), which outlines how these
boards will co-operate on oil and gas environmental
- The Sahtu Land Use Planning Board Interim
Atlas was created and distributed. This atlas
contains 25 maps depicting the resources,
management and potential of the land and
waters within the SSA.
- The SLUPB completed and released two reports.
The Community Mapping Report describes
traditional knowledge mapping projects and
Mapping Our Future deals with options and
alternative uses for land, water and resources.
- The SSI and the Government of Canada agreed
on a settlement for the amount put forward by
the SSI on June 12, 2001 in the royalty suit.
- The Canol Historic Parks Committee, with
members from the Tulita Land Corporation,
Fort Norman Metis Land Corporation and Ernie
McDonald Land Corporation, completed a draft
plan for the park.
- At a community consultation workshop in
February 2002, the Grizzly Bear Mountain and
Scented Grass Hills Commemorative Integrity
Statement was reviewed and approved.
- Parks Canada and the Deline Land Corporation
initiated negotiations on an impact and benefits
plan in accordance with section 16.2 of the
Agreement for the completion of Tuktut Nogait
National Park in the SSA.
- As of March 31, 2001, Natural Resources Canada
had surveyed 78 percent, or 204 of the 262 parcels
of Sahtu lands.
- The Minister of Indian Affairs and Northern
Development, the Premier of the GNWT and
leaders of the NWT regional Aboriginal organizations
endorsed an MOU in which they agreed
to work toward establishing a formal process to
negotiate the devolution of federal responsibilities
over land and water resources in the NWT.
- Implementation funding to the SSI and Sahtu
IPGs totalled approximately $4.9 million in
Chapter 3 - Specific Issues
3.1 Cumulative Impact Monitoring Program
Section 25.1.4 of the Agreement provides for a method of monitoring the cumulative impact of land and water uses on the environment in the Mackenzie Valley, and for periodic, independent, environmental audits to be made public. Part VI of the Mackenzie Valley Resource Management Act (MVRMA) ensures that the responsible authority shall, subject to the regulations, analyze data it collects, along with scientific data, traditional knowledge and other pertinent information to monitor the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.
The Cumulative Impact Monitoring Program and Audit Working Group (CIMPWG) was established in early 1999 to design the cumulative impact monitoring program (CIMP) and consists of representatives of governments of the NWT and Canada, and all Aboriginal groups of the NWT. The CIMPWG conducted 15 meetings in 2001-2002 on the design of the program that will complement existing monitoring programs and provide co-ordinated reporting of the state of the environment in the NWT. Since the development of CIMP is a land claim obligation, it requires consultation with the SSI as the representative of the Sahtu. Participation on the CIMPWG has been mainly by the representatives of the Sahtu district land corporations, but this recently changed to a representative of SSI. Sahtu participation, as member or observer, at meetings was limited. The SSI cited concerns about the adequacy of regional/community consultations on the program and requested that a regional consultation meeting be held with the IPGs and the regional resource councils (RRCs) to explain the program and how it would affect their organizations.
Key deliverables for 2001-2002 by the CIMPWG were:
- development of a draft five-year strategic plan
and work program for CIMP and the audit;
- development of a revised preliminary state-of
knowledge report on VECs;
- establishment of VEC advisory teams to verify
the state-of-knowledge report and to develop a
study program/work plan to "fill the gaps" for
- development of an options report for an information
- development of a draft implementation framework
for CIMP and the audit; and
- revision of the CIMP-Tariuq (Oceans) inventory
which includes monitoring activities throughout
The CIMPWG also played a key role in a multistakeholder information workshop held in March 2002. Extensive community/regional consultations on the materials developed to date will be the focus of 2002-2003, and Indian and Northern Affairs Canada (INAC) is working with the SSI to arrange a regional meeting.
The SLUPB participated in one meeting related to cumulative impact monitoring, and provided input into CIMP in a variety of ways, including baseline information about the lands, resources and people of the SSA.
3.2 Economic Measures
There has been a lack of general agreement between the parties on the economic provisions of the Agreement. The economic measures chapter states that the traditional Sahtu economy should be maintained and strengthened, and that the Sahtu should be economically selfsufficient. Interpretation of these objectives has been problematic as "economic self-sufficiency" means different things to government and Sahtu beneficiaries.
Under the Agreement, the government and SSI representatives have an obligation to meet not less than once every three years to review the effectiveness of programs relating to the economic measures objectives in the Agreement. The joint Sahtu-Gwich'in Economic Measures Review meeting was held November 21-23, 2001, in Inuvik. This meeting was attended by SSI, the Gwich'in Tribal Council (GTC), and Government of Canada and GNWT departmental representatives. Seven departments and four GNWT departments gave presentations outlining their mandates and programs that support the economic measures objectives.
It became evident at the meeting that there was a need for Sahtu-Gwich'in specific data collection so the effectiveness of programs can be better measured within the settlement areas. This, in turn, will assist in determining if the broad objectives of the economic measures chapter of the Agreement are being met. The implementation committees agreed to set aside a full day at the end of the Sahtu Implementation Committee meeting scheduled for April 2002 to determine what action is required in this area. This topic is expected to be a recurrent item on the implementation committees' agendas.
3.3 Resource Development in the Mackenzie Valley
In the last 25 years, there have been significant changes in the political and economic working environment in the NWT. The signing of the Sahtu Dene and Metis Comprehensive Land Claim Agreement included changes in the management of the environment and potential resource development in the SSA. New proposals to build a natural gas pipeline down the Mackenzie Valley would see natural gas moving from Prudhoe Bay, Alaska and from the Mackenzie Delta, through the Mackenzie Valley to Alberta or British Columbia.
There are two natural gas pipeline development proposals being considered that have increased the activities related to resource development in the SSA.
- Mackenzie Delta Route
Conoco, ExxonMobil, Imperial Oil and Shell are studying a stand-alone Canadian Mackenzie Delta project. The project would have an anticipated throughput rate of 0.8-1.2 billion cubic feet per day once construction was completed.
- Over-the-Top Route
The Alaskan Gas Producers Pipeline Team (British Petroleum, ExxonMobil and Phillips Petroleum) is studying a northern pipeline route referred to as the over-the-top route with an anticipated initial throughput rate of 4 billion cubic feet per day once construction is complete. This project involves a pipeline from Prudhoe Bay crossing into Canadian waters and buried under the sea floor of the Beaufort Sea.
As of March 31, 2002, no project had been formally proposed. However, the Sahtu Dene and Metis believe it is important to undertake a co-ordinated planning effort to ensure their participation in the proposed resource development activities. Increasing land use demands in the SSA will make environmental planning, resource development and management, and sustainability development planning more challenging and critical in the years to come.
To make informed decisions, which take advantage of economic and resource development while maintaining environmental integrity, SSI requires additional information. The stronger the information base, the better SSI will be able to guide resource development to maximize opportunities without compromising the environment. The information required for sound environmental and economic decision making in the Sahtu is lacking.
The need to have current and detailed information, as well as a process for managing this information, has been recognized by Aboriginal, territorial and federal governments through provisions in the Agreement as well as the MVRMA.
Environmental non-government agencies have also identified gaps in research to support land and resource development initiatives and are working on a variety of activities to address these gaps.
In the SSA, IPGs and community RRCs are responsible for managing wildlife, forestry and fisheries and must be involved as technical and traditional advisors to SSI in the decision-making process. Activities of IPGs regarding pipeline preparedness include the following.
- The SRRB consulted with pipeline groups and
environmental consultants throughout 2001
and into 2002. The SRRB closely reviewed
research activities to prevent replication of
past research, and ensure local resources are
used and information gathered is returned to the
communities. The SRRB was involved with
the Mackenzie Valley Science Gaps Project
Advisory Committee, which is dedicated to
determining what information and research is
needed to fill any gaps related to the preparation,
regulation and management of increased
hydrocarbon exploration in the Mackenzie
- The SLUPB conducted consultation and educational
activities with representatives of various
oil and gas companies and pipeline groups. The
SLUPB's interim atlas, reports, library and
geographic information system (GIS) were
extensively used by the pipeline groups in their
- The MOU began negotiations with the
Canadian Environmental Assessment Agency in
January 2002 to develop a framework for participation
on a possible panel which would review a
pipeline application. This Board is also developing
an MOU with the Environmental Impact
Review Board for the Inuvialuit Settlement
Region which would set the groundwork for
joint assessments of trans-regional projects.
The SSI will rely on the advice and input of regional IPGs, RRCs and key personnel from RWED, Environment Canada and the Department of Fisheries and Oceans (DFO) in developing information protocols, including data collection and data sharing. These activities are critical to keep pace with the proposed resource development activities in the region. Improving the dissemination, co-ordination and availability of data by supporting RRCs and regional IPGs may offer a short-term, achievable solution that could facilitate a more extensive information management system for the future.
To ensure active participation in potential resource development and management, the SSI will need to consider the following tasks:
- identify specific activities and capacity requirements
associated with proposed resource
development in the SSA;
- create an action plan (including time lines) for
the activities to be completed in each phase; and
- create a communications plan intended to
inform land claim participants and the public,
and attract participation in resource development
Other ongoing community and regional tasks will include:
- input on career development and training
- development of recommendations on program
content, delivery methods, delivery locations
and partner training institutions;
- identification of potential sources of funding
for development, participation and delivery of
relevant training programs;
- identification of technical expertise to participate
in project-specific activities in conjunction
with curriculum and program development
- identification of potential candidates for participation
and training programs;
- identification of employers that could participate
in on-the-job training and apprenticeship
stages of project activities;
- monitoring outcomes and progress of both
training and employment components, and formulating
recommendations for future training
or employment initiatives.
Other elements of the Agreement that are important for an understanding of the working environment for proposed resource development in the SSA include the types of jurisdictions over land, and institutions that have been created to protect public interests and to manage land and resources.
Northern Pipeline Environmental Impact Assessment and Regulatory Chairs' Committee
The Northern Pipeline Environmental Impact Assessment and Regulatory Chairs' Committee consists of the chairs of the Mackenzie Valley IPGs including the SLWB, MOU and Mackenzie Valley Land and Water Board (MVLWB), the Inuvialuit Settlement Region co-management boards, the NEB, NWT Water Board, Canadian Environmental Assessment Agency, GNWT and INAC. Its mandate is to co-ordinate the various regulatory and environmental assessment process in preparation for an application to build a Mackenzie Valley natural gas pipeline.
The Committee's work culminated in the release in January 2002 of the Draft Cooperation Plan for Environmental Impact Assessment and Regulatory Review of a Northern Gas Pipeline Project which outlines how these different bodies will work together. The Plan went out for public comment for 60 days. Comments were then collated, analyzed and incorporated into a final co-operation plan to be forwarded to the Minister of Indian Affairs and Northern Development in April 2002. This document and the responses to the draft co-operation plan from different organizations, departments and First Nation groups are posted on the MOU Web site www.mveirb.nt.ca.
A working group of the Chairs' Committee is developing a set of common information requirements and environmental impact screening assessment terms of reference for a pipeline project application. This work began in January 2002 and is continuing in the new fiscal year.
Chapter 4 - Implementation Committee
The Implementation Committee consists of three senior officials representing each of the parties involved in the Agreement. In 2001-2002, John Tutcho represented the SSI, Mark Warren, Assistant Deputy Minister, Ministry of Aboriginal Affairs (MAA) represented the GNWT, and Aideen Nabigon, Director, Implementation Management Directorate, INAC represented the Government of Canada.As provided for in section 29.2 of the Agreement, the responsibilities of the Implementing Committee are to:
- oversee, direct and monitor the implementation
of the Agreement and the Implementation Plan;
- adjust the schedule for carrying out implementation
activities, reallocating implementation
resources and amending the Implementation
Plan as required;
- address disputes between the parties; and
- prepare a public annual report on the implementation
of the Agreement.
The Committee met three times during the 2001-2002 fiscal year, twice in Yellowknife and once in Ottawa. Its activities included:
- producing the 2000-2001 Annual Report of the
- reallocating funds among the implementing bodies
and revising Annex B of the Implementation
Plan as a result of the December 2001 financial
variance report exercise;
- beginning work on producing a plain language
- finalizing the wording to amend Chapter 19 of
the Agreement as it relates to boundaries and
- addressing implementation issues as raised at
the Implementation Committee meetings; and
- chairing the Economic Measures Review meeting
held in Inuvik, NWT on November 21-23, 2001.
Chapter 5 - Implementing Bodies
The Agreement includes provisions to establish implementing bodies responsible for determining eligibility for enrolment as a beneficiary of the Agreement, managing wildlife resources, planning and regulating land and water use, settling disputes related to the interpretation of the Agreement and conducting both environmental impact assessments and reviews of development proposals.The membership, functions and time frame for the establishment of each of these bodies are specified in the Agreement. Progress in establishing implementing bodies is outlined below.
- The Arbitration Panel, SLWB, SLUPB, MOU,
SRRB and RRCs are operational. Current memberships
of these implementing bodies, excluding
the RRCs, are listed in Appendix A1.
- Chapter 27 of the Agreement mandates the
establishment of a surface rights board (SRB)
after separate federal legislation is passed.
This quasi-judicial body will resolve disputes
between landowners and holders of surface or
subsurface commercial interests over entry to
the lands and compensation for their use. The
board will consist of members residing in the
NWT and, when dealing with Sahtu lands, shall
act through a panel of its members at least one
of whom will be a resident of the SSA. Since the
SRB has yet to be created by legislation, relevant
surface rights disputes in the SSA may be
referred to the Arbitration Panel.
The SSI took over responsibility for the Agreement's enrolment function on June 18, 1999. As of December 31, 2001, 2,741 beneficiaries were enrolled under the Agreement. The Enrolment Registry is distributed to all land claim corporations in the SSA.
As required by section 4.4.2(j) of the Agreement, a certificate and a photo identification card are provided to each beneficiary as proof of enrolment.
5.2 Arbitration Panel
In 2001-2002, the Arbitration Panel was not called upon to convene an arbitration proceeding. The Panel held three telephone conferences in July, October and March to discuss budgetary and planning matters. In these discussions, it was determined that a meeting with the Implementation Committee related to planning issues would be beneficial. To date, this proposed meeting has not occurred.
One of the eight positions on the Panel was vacant at year end.
5.3 Sahtu Renewable Resources Board
The SRRB was established as the main instrument of wildlife management in the SSA. It is the responsibility of the SRRB and all other affected parties to protect, conserve and manage, in a co-operative spirit, all renewable resources within the SSA in a sustainable manner to meet or exceed the needs of the public today and in the future. The SRRB is a regional public board, thereby representing beneficiary as well as non-beneficiary and non-Aboriginal populations of the SSA.
The SRRB has seven members: three members and three alternates nominated by the SSI, three members and three alternates nominated by the federal and territorial governments, and a chairperson nominated by the members. All appointments are made jointly by the Governor in Council and GNWT Executive Council. As of April 2002, two SSI-nominated members have been appointed to the Board. One more Sahtu member and three Sahtu alternate members need to be nominated and appointed.
The SRRB continued to implement its objectives and goals as laid out in 1995. The Board and staff developed and expanded their close co-operative working relationship with the RRCs, other IPGs, government and private agencies. The resident biologist attended the NWT Caribou Conference in November 2001, where government, co-management and private researchers shared knowledge about the various herds in the north. In December 2001, the SRRB sponsored the Wildlife Research Permit Workshop, involving RRCs, RWED and district land corporations from the SSA. Participants worked together to recommend to the Minister of RWED a new process for handling wildlife research permits. As well, in February 2002, the SRRB met with organizations from the Tulita District to review background material and develop a course of action for a negotiating team regarding the Ross River - Tulita District Overlap.
The Regional Renewable Resources Committee (RRRC), composed of representatives of the five community-based RRCs, continued to assist with wildlife management issues common to the five communities. In October 2001, the RRRC met with RWED to discuss wildlife research permits, resource revenues and Wildlife Act consultations. The issue of land claim integration into the Wildlife Act was dealt with in March 2002. In addition, RRCs were involved with research projects, managed by the SRRB and outside agencies, in their own communities.
The Great Bear Lake Advisory Group was established to report, and provide advice, to the SRRB regarding issues related to Great Bear Lake. Members of the group include the Deline RRC, DFO, RWED and the SRRB. This advisory group met at the end of June 2001 to discuss a variety of topics, including special harvesting areas, the collection of harvest data and the use of barbless hooks.
The IPGs within the SSA shared information and ideas about traditional environmental knowledge, land use planning, the issuance of water licences and land permits, management plans, and a GIS. Issues addressed dealt with both short-term concerns and long range strategic planning approaches. In September 2001, the SRRB hosted a meeting of the chairs from the boards responsible for wildlife management in the settled claims area of the NWT and territorial IPGs to discuss current issues.
Consultation work continues between the SRRB and government agencies on matters dealing with the development of new territorial and federal wildlife acts, Species-at-Risk legislation, the Protected Areas Strategy (PAS) and a new wildlife research permit process. In November 2001, RWED completed its Wildlife Act and species-atrisk legislation consultations with the Board. As well, consultations continued between the SRRB and the Committee on the Status of Endangered Wildlife in Canada. In August 2001, the National Recovery Working Group workshop was held in Ottawa; it has included wildlife management boards in the national recovery process to improve its effectiveness. As a follow-up to this workshop, the Canadian Wildlife Service (CWS) hosted a meeting in January 2002 to ensure that wildlife management boards are comfortable with their inclusion in the species at risk process, including recovery. The SRRB is also involved with the federal Habitat Stewardship Program for species-at-risk. As of December 2001, the Habitat Stewardship Program Northern Working Group distributed nearly $300,000 to projects that implement stewardship actions.
Renewable resource research continues to be the main activity of the SRRB. Major areas of involvement are as follows.
Eight research projects, totalling over $200,000 in funding, were carried out during this fiscal year. Most of the funded projects were by outside agencies (RWED, DFO and the Department of Sustainable Development). Studies included research on Woodland caribou, Barrenground caribou, and fish in the Mackenzie River and Great Bear Lake. These studies focussed on population size, distribution and migration patterns, reproduction and survival rates, age distribution, cumulative impacts and contaminants. Research studies for the Mackenzie Mountain Woodland caribou project, initiated by the SRRB, with outside human resources, continued under the supervision of the resident biologist. In March 2002, 10 satellite collars were attached to caribou to help determine seasonal range use, migration routes and timing of migration. The SRRB also provided in-kind support to a project on the Boreal Woodland caribou in the Inuvik and Sahtu regions, which will assess habitat use and cumulative impacts on this threatened species.
Sahtu Settlement Area Harvest Study
The Sahtu Settlement Area Harvest Study (SAHS) is a five-year initiative designed to record all wildlife harvesting activity by Sahtu beneficiaries and to protect Sahtu Dene and Metis harvesting traditions. It will also provide the background data to establish a minimum-needs level for each species. The study continued to focus on communitybased interviews and the input of harvesters' data from April 1998 onward into a database. Database software designed to capture non-confidential information from the harvester interviews will assist in the final analysis. In January 2002, the input of 1998 and 1999 data began.
Geographic Information System
The Sahtu GIS project, which the SRRB co-funds, was widely used by the SRRB and other IPGs, the public and private agencies, such as oil and gas companies. It has proven to be a good investment, particularly as a tool to educate both beneficiaries and the general public. The funding partners met in July 2001 to discuss time and finance issues related to the GIS, as well as the idea of compiling all the maps into book form.
Wildlife Studies Fund
Investments were made from the Wildlife Studies Fund to increase the fund to a point where the SRRB can use the interest from the fund each year to support wildlife studies within the SSA. The fund was valued at about $3.32 million at year end. While the fund has grown at a slower rate than hoped, the Board plans to continue with a slightly more aggressive investment portfolio. The Board began withdrawing funds to finance its research activities in 2001-2002 and will continue to do so in 2002-2003.
The SRRB continued to address its goals and objectives as per the implementation plan. The Board strived to increase communications with, and utilize resources from, RRCs, other IPGs and government agencies. Activities to increase the visibility of the organization throughout the SSA included public board meetings, involvement of community members with research projects and use of community resources. Renewable resource research and management issues will continue to be the main focus of the SRRB.
5.4 Mackenzie Valley Environmental
Impact Review Board
The MOU is mandated by the MVRMA to conduct environmental assessments and reviews in the Mackenzie Valley. The Board's jurisdiction applies to all lands in the NWT, excluding the Inuvialuit Settlement Region and Wood Buffalo National Park. The MVRMA replaces the Canadian Environmental Assessment Act (CEAA) in the Mackenzie Valley, except under specific circumstances.
Staffing and Location
The Board's offices are located in Yellowknife and house a staff of eight, including an executive director, three environmental assessment officers, a finance and administrative officer, a traditional knowledge co-ordinator, communications officer and board secretary.
The Board completed eight environmental assessments this fiscal year and placed a ninth on hold due to inactivity by the company. At year end, it had one active ongoing assessment, the De Beers Canada Mining Snap Lake underground mining development.
Assessments completed in 2001-2002 included:
- Canadian Zinc Corporation's Phase I drilling
program (The Phase I drilling and fuel cache
retrieval were submitted under one land use
permit. This was split by the MOU into
two separate environmental assessments.);
- Patterson Lumber Ltd. timber cutting licence
application near Pine Point;
- Paramount Resources' Bovie Lake and Arrowhead
exploratory drilling programs near Fort Liard
(These two referrals were combined into a single
environmental assessment, described as the
Paramount Liard East program.);
- Paramount Resources' Cameron Hills exploratory
drilling program in Cameron Hills;
- Paramount Resources gathering system and
pipeline development (This was the first environmental
assessment completed in co-operation
with the NEB under the MOU-NEB MOU
signed in December 2000.); and
- Canadian Zinc Corporation Phase II drilling
- The following environmental assessments
were also completed, but were waiting for ministerial
approval at year end:
- Canadian Zinc Corporation's Cat Camp and fuel
cache retrieval and cleanup; and
- Canadian Zinc Corporation's Decline and
Robinson's Trucking Ltd. Drybones Bay gravel quarry was initially referred in March 2002, but was put on hold by the MOU as the company decided not to proceed with the environmental assessment at that time. As well, Canadian Forest Oil Ltd.'s Fort Liard two- and three-dimensional seismic development was referred in October 2001, but the company withdrew its permit applications before the environmental assessment was initiated.
The Board made a site visit in July 2001 to Snap Lake to the De Beers Canada Mining Ltd. proposed underground diamond mining development. In August 2001, the Board visited Canadian Zinc's Prairie Creek mine site near Nahanni National Park Reserve to view the proposed development.
Board members participated in 10 board meetings and 15 teleconferences during the year, including a regularly scheduled meeting and community open house in Inuvik.
In December 2001, the Board initiated an internal strategic planning exercise to determine its future directions. This three-day workshop also developed mission, vision and values directions for the Board. The resulting strategic planning document set the groundwork for developing a three-year business plan, an expenditure plan is geared to anticipated activity surrounding the proposed application for a Mackenzie Valley pipeline and a work plan for the 2002-2003 budget year. Board members developed five key goals for the organization. These are to:
- provide leadership in environmental management;
- establish relationships and partnerships with
- develop and implement environmental impact
assessment processes and procedures;
- enhance the Board's communications with its
- acquire resources and develop the Board's
In August 2001, the chair and executive director met with the Gwich'in Implementation Committee in Inuvik to discuss the Board's budget and the 10-year review of claims implementation. INAC provided supplementary funding to all northern regulatory boards for participation in the ongoing work of the Northern Pipeline Environmental Impact Assessment and Regulatory Chairs' Committee. This allowed the Board to work on this important issue without a great impact on its core budget.
The Board established a finance committee to help staff with the budgeting process and to provide an ongoing oversight function.
Environmental Assessment Guidelines The Board held a workshop with environmental impact assessment practitioners in September 2001 on its revised Guidelines for Environmental Impact Assessment in the Mackenzie Valley. As a result of this successful workshop, a work plan was initiated for completing these guidelines in co-operation with other stakeholders. The workshop was jointly funded by INAC, the MVLWB and the MOU.
The Board revised its draft Rules of Procedure for Environmental Assessment and Environmental Impact Review Proceedings and, after publishing notification in the Canada Gazette in December 2001, formally adopted these rules in March 2002. Work continued on the Generic Terms of Reference for the Environmental Assessment of Oil and Gas Developments in the Mackenzie Valley. The MOU began work on a discussion paper on socio-economic impact assessment. This document and a public consultation process will be used to develop socio-economic guidelines for assessments.
The Board has a seat on the Cumulative Environmental Assessment Monitoring Framework Steering Committee which comprises various government departments and Aboriginal organizations. This group has been developing the framework for defining cumulative assessment in the NWT.
The various documents referenced here are available on the Board's Web site www.mveirb.nt.ca.
The Board undertook training in oil and gas issues in April 2001. This was a joint effort with members of the MVLWB. Presentations were made by the Alberta Energy Utilities Board, the Alberta Natural Resources Conservation Board, the Canadian Association of Petroleum Producers (CAPP) and independent consultants. CAPP arranged for familiarization site visits by board members to oil and gas facilities in the Calgary area.
Transboundary Co-operation AgreementsBoard staff discussed co-operation agreements with other regulatory agencies and boards which operate adjacent to the Mackenzie Valley: the Nunavut Impact Review Board, the Environmental Impact Review Board for the Inuvialuit Settlement Region and the Alberta Natural Resources Conservation Board. These agreements set out how the respective agencies will co-operate in dealing with transboundary environmental assessments. This is a separate process from the Draft Cooperation Plan for Environmental Impact Assessment and Regulatory Review of a Northern Gas Pipeline Project.
The MOU began development of traditional knowledge guidelines for environment assessments. Board members and staff attended or made presentations at 18 workshops, committees, symposia and conferences during the year.
The Next 12 Months
In addition to the MOU's activities related to environmental assessment, work will continue on the discussion paper on socio-economic impact assessment. A workshop on traditional knowledge in the environmental assessment process is planned for November 2002 to assist in the finalization of MOU guidelines in this area.
5.5 Sahtu Land and Water Board
In its third full year of operation, the SLWB received and processed six land use permit applications (Type A) and three applications for water licences (Type B). There were seven applications where permits were not required and one application for a small fuel cache. Four final plans were received concerning land use permits and four letters of clearance were issued by the Board. One of three positions on the Board was vacant at year end. The SLWB has eight staff members: an executive director, office administrator, financial controller, land/resource geographer, hydrologist, permit/licence clerk, land technician and water technician.
The Board held 12 meetings during 2001-2002, seven by teleconference and the others in Norman Wells, Fort Good Hope and Yellowknife. In April 2001, Board members attended a conference, Petroleum Exploration in the NWT, held in Calgary, and presented on the topic of traditional environmental knowledge during a formal workshop on the environmental impact assessment process in the Mackenzie Valley. Printed material explaining the land use permit process, the water licence process and the Board's policy for the inclusion of traditional environmental knowledge in its evaluation of applications was distributed to oil and gas companies operating in the North.
Board staff made a field trip on the Mackenzie River from August 13 to 17, 2001. They departed from Fort Good Hope and travelled upstream to Tulita to become familiar with oil and gas exploration sites accessible from the Mackenzie River, learn about abandonment and restoration efforts at former drilling and staging sites, and promote good public relations. Sites visited included Hoosier Ridge and Little Bear River.
Technical staff continued to assist with the renewal of a municipal water licence in one Sahtu community. Three abandonment and restoration plans and an aquatic effects monitoring plan associated with the industrial water licence for Imperial Oil at Norman Wells required careful evaluation by staff before presentation to the Board. Other SLWB activities requiring extensive time and effort included the administration of the terms and conditions attached to land use permits and water licences. The Board continued work with applicants, permittees and licensees to increase their awareness of their obligations to protect land and water resources throughout the SSA.
5.6 Sahtu Land Use Planning Board
Under the MVRMA, the SLUPB is tasked with developing and implementing a land use plan for all lands outside of municipal boundaries in the SSA.
The SLUPB has been working to:
- prepare a draft land use plan;
- facilitate people's understanding of land use
- ensure that the interests of all parties are taken
into consideration; and
- build strong, effective partnerships.
The Board identified a number of program
milestones in the 2001-2002 work plan that
contributed to the attainment of these goals.
Specifically, it focussed on work related to capacity
building, awareness creation, strengthening
partnerships, land use plan production and management
The organization operated in an efficient and effective manner with a reduced number of board members for much of the year, assisted by an Elder's Advisory Council made up of Elders from each of the Sahtu communities. This Council was educated about land use planning and provided advice and suggestions to the Board.
The number of professional staff employed by the SLUPB was reduced as the organization moved to a lower operating budget. Specifically, the contracts for the natural resources specialist and social scientist were not renewed. A recruitment campaign was ongoing for a land use planner trainee. Three community-based field workers were tasked with the exploration of community land use alternatives and the provision of information to community members regarding land use planning. Co-op students from Chief T'Seleie School and a summer intern assisted with a variety of tasks from office management to data entry (including GIS) and analysis. Most of these staff members are beneficiaries. The land use planner trainee position is designed to give a beneficiary the opportunity to learn about land use planning before taking on the responsibility of plan implementation.
During the year, board members and staff attended:
- conferences, workshops and community presentations
on issues related to land use planning,
including protected areas, a geoscience forum,
cumulative effects, and oil, gas and pipeline
- training sessions on topics ranging from improving
board relations to effective Aboriginal financial
management and accountability.
Working with youth has been a priority of the Board. In addition to visiting schools in the communities, the SLUPB distributed copies of its educational game on land use planning to these schools. The SLUPB awarded six scholarships to residents of the SSA who were studying land use planning-related topics at post-secondary institutions.
Awareness CreationThe mission of the SLUPB was publicized both within and outside of the SSA through radio shows (in both English and Slavey), newsletters, a bilingual (English and Slavey) brochure, a Web site www.sahtulanduseplan.com, a trade show booth and the scholarship program. The Web site was significantly expanded to include downloadable reports and maps. Another round of community interviews and workshops on the Mapping Our Future project was completed as well as community meetings to discuss land use planning in general.
The Sahtu Land Use Planning Board InterimAtlas was created and distributed. This atlas contains 25 maps depicting the resources, management and potential of the land and waters within the SSA. It is a precursor to a detailed atlas to be developed in partnership with the GNWT and SRRB.
Strengthening PartnershipsA SLUPB priority is to work closely with sister boards and other agencies. The Board participated in the Sahtu GIS project with the SRRB, SLWB and RWED. Rising interest in hydrocarbon resources in the SSA has resulted in increased requests for information about the land, resources and people of the area. The Board met with oil and gas companies and pipeline groups through public forums and small group discussions to exchange information and listen to their concerns and issues. Other partnership activities included reviewing land use permit and water licence applications were referred by the SLWB.
Two reports were completed and released:
Community Mapping Report and Mapping Our Future. The former describes the methods and results of the two community traditional knowledge mapping projects, and the latter deals with options and alternative uses for land, water and resources. The SLUPB briefed its government partners on an ongoing basis.
Land Use Plan Production
The SLUPB began looking at land use conflicts and opportunities, utilizing and building on its comprehensive library and GIS. Specifically, development, traditional use, wildlife and protected spaces indices were created for each of the two watersheds in the SSA. A GIS model was developed that weighted each of the area's values (traditional use, oil, gas and pipeline, minerals, timber, tourism, protected areas, etc.) equally and then rated each value in 10 kilometre by 10 kilometre areas. This model enabled the Board to explore protection and development activities. Reports outlining these exercises will be prepared in the next fiscal year.
The compilation of a preliminary land use plan was begun.
The Board held nine meetings in 2001-2002 (May, June, July, December, January, February and March) in a number of the Sahtu communities. Monitoring and evaluation is an important component of the management structure. During the February 2002 meeting, each program and activity was reviewed to ensure project objectives were met and appropriate lessons learned.
The SLUPB will focus its efforts in 2002-2003 on completing the preliminary draft land use plan and working with stakeholders to refine the document into a final plan for submission to the GNWT and Government of Canada. The SLUPB will continue its progress toward its goal of conserving, utilizing and developing Sahtu lands in a way that promotes and protects the present and future wellbeing of Sahtu beneficiaries, local residents and all Canadians.
Chapter 6 - The Sahtu Secretariat Incorporated
The SSI was formed by the seven Sahtu land corporations (four Dene land corporations and three Metis land corporations) on June 23, 1994, with the enactment of the Sahtu Dene and Metis Land Claims Settlement Act.
The SSI is mandated to:
- assist all members to negotiate and enter into arrangements with the
federal and territorial governments concerning the implementation
of the Agreement;
- undertake any other activities related directly
or indirectly to the interests and concerns of its
members with specific reference to the implementation
of the agreement;
- engage in any studies, educational activities or
other activities related to the environmental
impact on the lands, air, waters and health of the
residents of the SSA;
- undertake discussions with industries and government
whose activities or decisions affect the
environment in a manner which adversely
affects the interest of the residents of the SSA;
- assist and enable its members to intervene
and participate in any hearings, environmental
impact assessments, policy or legislative
reviews, or other decision-making or review
processes, which relate to the environmental
or economic interests and concerns of its
The SSI also participates in the implementation of the Agreement through the nomination of board members to the implementing bodies and management of the capital payment through the Sahtu Trust. The SSI has a co-ordinating role in activities involving other designated Sahtu organizations and ensures that the government, industry and public are aware of the functions of the various implementing bodies, such as land access. The SSI is the only Sahtu joint Dene and Metis regional Aboriginal organization. It is the point of contact for all government agencies and departments on issues including education, health, environment, highways, wildlife, political development, economic development and implementation of the Agreement.
6.1 Board of Directors
The SSI Board of Directors has the following members:
Eddy McPherson, Jr.
6.2 Head Office, Staff and General Operations
The SSI's head office is located in the Chief George Kodikin building in the community of Deline. The building also houses the Sahtu Dene Council. The SSI and Sahtu Dene Council staff include:
The Board held three meetings during the year, in addition to the SSI annual general meeting which took place in Fort Good Hope, November 28 to 30, 2001.
The directors spent considerable time discussing organizational structures in an effort to develop an effective process to address the ongoing issues of the SSI. The following is a brief list of some of the activities and processes the SSI has participated in:
trustee, Sahtu Trust and Sahtu Master Land Agreement;
- land claim implementation;
- Enrolment Board;
- PAS (Sahyoue/Edacho);
- CIMP (Part VI of the MVRMA);
- expansion of Tuktut Nogait National Park;
- Aboriginal Summit/Intergovernmental Forum; and
Sahtu resource management boards. The SSI and Government of Canada agreed on a settlement for the amount put forward by the SSI on June 12, 2001 ($18,160,939) in the royalty suit. This settlement will be recommended to both parties for ratification.
The directors have identified a need to provide participants of the Agreement with an opportunity to review and better understand its principles. In response to this, the Sahtu Dene Council chiefs participated in a workshop, October 24 to 25, 2001 to review the Agreement and the authorities assigned pursuant to the Agreement.
6.3 Sahtu Trust
The Sahtu Trust was created by the seven financial corporations eligible for settlement moneys and royalties under the terms of the Agreement. On September 6 of each year, the federal government makes a payment, as per Chapter 8 of the Agreement, to the SSI, which is deposited into the Sahtu Trust. Under the direction of the SSI, the trust is evenly managed by two fund managers. Twice each year, the income and interest earned by the trust is recognized and paid, less fees, on a per capita basis, to the seven financial corporations. As of December 31, 2001, the balance in the trust was $68 million, and the net income generated by the trust for the year was $2,488,107.
6.4 Community Renewable Resources
Pursuant to section 13.9 of the Agreement, five RRCs were created to advise the SRRB and to encourage and promote local community involvement in conservation, research and wildlife management, and harvesting studies. Under the Agreement, designated community organizations (land corporations) appoint RRCs for each community. The following RRCs were active in the SSA:
- Colville Lake RRC;
- Deline RRC;
- Fort Good Hope RRC;
- Tulita RRC; and
- Norman Wells RRC.
During the year, the RRCs worked with the SRRB on the SAHS.
6.5 Land Ownership
The SSI does not own land. Title to all settlement lands outside of municipalities are vested to the district land corporations in the districts of Deline, Tulita and K'asho Got'ine. As such, the responsibility for the ownership and management of these lands rests with the three district land corporations.
- The Deline Land Corporation owns all the land
in the Deline district. In the Tulita district, the settlement lands are
owned by the Tulita District Land Corporation,
which consists of the Tulita Land Corporation,
the Fort Norman Metis Land Corporation and
the Ernie McDonald Land Corporation.
- In the Fort Good Hope district, the settlement
lands are owned by the K'asho Got'ine District
Land Corporation which consists of the Yamoga
Land Corporation, Fort Good Hope Metis No. 54
Land Corporation and the Ayoni Keh Land
Corporation of Colville Lake.
6.6 Special Harvesting Areas
Under Chapter 13 and Volume II of the Agreement, special harvesting areas exist for fish, moose and game birds (duck and geese). DFO maintains that the 28 special harvesting areas for fish are open to all persons with a fishing licence; the SSI disagrees with this position. Based on a decision by the Board of Directors, the SSI will seek arbitration to clarify the interpretation of this significant decision. The SSI also disagrees with RWED's interpretation of the chapter that the special harvesting areas for moose are open to all hunters with a general hunting licence.
6.7 Amendment to the Wildlife Act Regulations
During the year, the SSI was consulted by RWED regarding the proposed amendment to the Wildlife Act regulations. Input was obtained from the RRCs and communities, and consolidated by RWED into a territorial report which was then submitted to the Minister of RWED.
6.8 Aboriginal Human Resources
The SSI is a signatory to the Sahtu Aboriginal Human Resource Development Agreement (AHRDA). This Agreement extends to 2004 and provides financial assistance for labour market training activities for Aboriginal residents of the SSA. It also provides funding under the First Nations Child Care Initiative Program to increase the supply of quality child-care services for children with working or studying parents who reside in the SSA.
The SSI is responsible for the assessment and recommendation of all applications for financial assistance under the AHRDA. District training committees in Deline, Tulita and Fort Good Hope are responsible for the final approval of the applications. For the 12 months ending March 31, 2002, 90 labour market projects were funded and the First Nations Child Care Initiative Program contributed to the ongoing availability of 45 preschool and child-care spaces in the SSA.
6.9 Aboriginal Summit
The Western NWT Aboriginal Summit was founded in January 1995. It is a forum for discussion among leaders of the following Aboriginal governments and organizations: Dene Nation, Metis Nation-NWT, Inuvialuit Regional Corporation, GTC, Dogrib Treaty 11, North Slave Alliance, Akaitcho Territory Government, South Slave Tribal Council and the SSI. Over the past year, Summit leaders have re-organized and renewed their commitment, finding ways to work together and to participate in important intergovernmental processes with the Government of Canada and the GNWT.
The Aboriginal Summit has played an active role in the intergovernmental process over the past year. The priorities of this process include devolution and resource revenue sharing, economic development, financing of government and capacity building.
At the last intergovernmental forum meeting in early May 2001, the federal, territorial and Aboriginal governments endorsed an MOU which sets out the principles and commitments to a NWT devolution negotiation process. This document outlines the structure of the negotiations team, their accountabilities to Aboriginal Summit members and a negotiations strategy. Each government committed itself to the goal of seeking approval for a negotiation mandate by March 31, 2002.
Another initiative of the intergovernmental forum was the formation of the NWT economic development advisory committee. This committee will provide a means for active, joint participation for all intergovernmental forum parties in setting priority direction, informing policy development, and influencing program design and implementation related to economic development in the NWT. This will allow all NWT residents to take advantage of present and future economic opportunities.
6.10 Deline Self-Government
The Agreement provides for the negotiation of self-government agreements to be effected through federal and GNWT legislation. Provisions relevant to self-government are contained in Chapter 5 and Appendix B of the Agreement. The Deline Land Corporation is negotiating a selfgovernment agreement pursuant to Appendix B of the Agreement and the federal government's inherent right policy.
The 2001-2002 work plan of the Deline selfgovernment negotiations identified that Deline would complete an agreement-in-principle (AIP) by March 31, 2002. However, the federal government supported an extension to continue the negotiation process until June 2002.
At the end of 2001-2002, the Deline First Nation Self-Government AIP included the following completed sections:
- general provisions;
- local services;
- income support;
- language, culture and spirituality;
- wills, estate, trusteeship and guardianship of
- review and amendments;
- dispute resolution;
- liability and indemnity;
- financial principles;
- implementation plan principles;
- transition plan principles; and
The social envelope and health issues, as well as minor reviews of completed subject areas, will be negotiated between April and June 2002. To assist with preparations for the completion of the AIP and the eventual final self-government agreement, a joint financial implementation working group was created to develop the implementation plan, transitional plan and financial principles.
Chapter 7 - Government of the Northwest Territories
The GNWT agreed to perform various implementation activities pursuant to the Implementation Plan and related funding agreements as described below.
7.1 Ministry of Aboriginal Affairs
The MAA co-ordinated GNWT implementation activities, including liaising with the SSI, federal and GNWT representatives, preparing status reports for the Implementation Committee and preparing the GNWT component of this annual report.
A ministry official actively participated as the GNWT representative on the Implementation Committee dealing with issues, such as:
- economic measures provisions of the Agreement;
- renegotiation of the Sahtu Implementation Plan;
- development of a land exchange amendment;
- departmental obligations; and
- the re-allocation of implementation funds.
Ministry officials drafted a Sahtu land claim plain language document based on the Gwich'in document entitled "Understanding the Gwich'in Land Claim". With financial support from both the Ministry and the Government of Canada, the SSI will publish the document. This document is intended to increase the overall understanding of the Agreement in the SSA.
The Ministry co-ordinated the GNWT presentations to the joint Sahtu-Gwich'in Economic Measures Review meeting held in November 2001 in Inuvik. The purpose of the meeting was to review the effectiveness of programs relating to the economic measures objectives in the Sahtu and Gwich'in agreements. Follow-up work is planned for the next reporting period to look at specific issues arising from the meeting, such as the need for Sahtu-Gwich'in specific data to better measure the effectiveness of programs.
At the second Intergovernmental Forum meeting in May 2001, the Minister of Indian Affairs and Northern Development, the Premier of the NWT and leaders of the NWT regional Aboriginal organizations (Aboriginal Summit, which includes the SSI) endorsed the Memorandum of Intent (MOI) on Devolution and Resource Revenue Sharing. The MOI sets out the objectives, principles, subject matter and process for future devolution talks. It further commits the parties to seek instructions and appoint negotiators by March 31, 2002. Funding for the participation of the Aboriginal Summit members will be provided by INAC and the GNWT.
In accordance with Chapter 5 and Appendix B of the Agreement, the Ministry also participated in the self-government negotiations that are ongoing with the community of Deline.
7.2 Resources,Wildlife and Economic
RWED continued to meet its obligations through ongoing consultation with the Sahtu designated organizations. The Department works closely with these organizations along with the SRRB, SLUPB and SLWB. RWED promotes, assists and advises these bodies on wildlife management, forest management, resource development and economic development issues. RWED has undertaken a major review with Sahtu organizations concerning the draft changes to the Wildlife Act and how the amendment relates to the Agreement.
The lands for Canol Historic Parks have been reserved by INAC. The Parks Committee, with members from the Tulita Land Corporation, Fort Norman Metis Land Corporation and Ernie McDonald Land Corporation, has completed the draft plan for Dodo Canyon Park and Canol Trail, and is continuing negotiations with the claim organizations and municipal governments. Once established, these parks will be co-managed by the beneficiaries of the claim.
RWED supports the economic viability of sustainable resources within the SSA. RWED continues its work in the areas of forest fire prevention, detection, monitoring and fire suppression action through training opportunities. RWED worked closely with the SRRB in several joint research and management projects, the most recent being the Sahtu atlas project and the GIS mapping project.
RWED worked in close co-operation and consultation with Sahtu organizations to support and encourage involvement in business development, training and employment opportunities leading to economic self-sufficiency. RWED provided business advice, counselling and support. Assistance was provided to Sahtu businesses and individuals to access financial support from various sources.
7.3 Education, Culture and Employment
The Department of Education, Culture and Employment is responsible for the planning, delivery, and management of a broad range of employment, social, educational, and cultural programs and services in the SSA. These include the following.
- Wage subsidies available through the Training
on the Job Program helped employers in Deline,
Tulita and Norman Wells ensure that employees
obtained the necessary skills to access and
retain meaningful work or promotion through
- The Healthy Children's Initiative and Early
Childhood Programs provided training and support
to Sahtu in Fort Good Hope, Norman Wells,
Colville Lake, Deline and Tulita.
- The Oral Traditions/Cultural Enhancement
programs supported a fish scale art project in
- The Department supported community literacy
projects in Tulita and work place literacy projects
in Tulita and Deline.
- Subsidies were given for community employment
officer positions in Fort Good Hope, Deline
- Northern businesses received assistance to
employ and train Sahtu beneficiaries to become
- The Department negotiated the community
income support delivery contract with the community
- Financial support, under the Labour Market
Development Agreement (LMDA) Employment
Assistance Services, enabled the SSI to deliver
career planning services throughout the region.
Funding was also provided to the Sahtu Business
Development Centre for the delivery of the
LMDA self-employment option program.
- The Maximizing Northern Employment
Initiative provided a variety of regional skillbased
and training on-the-job programs, including
the Floorhand Rig Training Program in Inuvik,
and employment and training opportunities in
- A $20,000 contribution to the Sahtu Tribal
Council provided support for the development
of human resources within the organization.
The Culture, Heritage and Languages Division continued work related to acquiring, preserving and providing public access to the Bern Will Brown photo and film collection which documents the history of the SSA. As part of this work, digital copies of the images are being produced and, eventually, will be made available through the Internet. This is a three-year project to be completed next year.
The Prince of Wales Northern Heritage Centre reviewed land use permits in order to identify possible threats to heritage resources, provided advice on the preservation of heritage resources to a variety of agencies, and maintained and provided access to a database of traditional Aboriginal place names in the SSA.
Plans of survey have been registered in the Land Titles Office for all municipal parcels, and certificates of title have been issued for all but nine of these parcels. Thirty-seven plans of survey have been registered for specific sites and, pursuant to requests, 37 certificates of title have been issued for specific sites. One hundred and sixteen plans of survey have been registered for the portions of the boundaries of the settlement land parcels and, pursuant to requests, 88 certificates of title have been issued for settlement land parcels. The Legal Division continued to provide legal assistance in implementing the Agreement as required by departments. This involved general advice on implementation and on the Agreement in respect of government decision making in a number of areas, including land and resource issues.
In addition, the department provided:legal assistance in relation to issues concerning access to Sahtu settlement lands and the taking of specified substances on Sahtu settlement lands; advice on a number of files regarding the construction, operation and maintenance of winter roads on, or including portions of, Sahtu settlement lands; and an opinion on the royalty provisions of the Agreement and proposed amendments to same.
7.5 Public Works and Services
In support of the economic measures provisions of the Agreement, and consistent with the GNWT preferential contracting policies and procedures intended to maximize local, regional and northern employment and business opportunities, Public Works and Services awarded the following contracts to Sahtu beneficiaries:
- $30,000 to Keel River Enterprises for maintenance
services in Tulita;
- $23,000 to Keson Electric for lighting replacement
at the Deline Health Centre;
- $20,000 to Gene Oudzi for maintenance services
in Colville Lake; and
$15,000 to Lennie Custodian for janitorial services in Norman Wells. An additional 10 contracts and one lease totalling $475,000 were awarded in the SSA. It was not possible to determine conclusively if these were awarded to Sahtu Dene or Metis businesses as a comprehensive list of businesses owned by beneficiaries was not available.
Public Works and Services continued to maintain the following leases:
- a 10-year, $114,000 per annum lease in Deline
with the Fort Franklin Dene Development
- a six-year, $108,000 per annum lease in Tulita
with Tulita Developments Ltd.;
- a five-year, $78,000 per annum lease in Norman
Wells with the NWT Metis Development
- an eight-year, $41,000 per annum lease in
Norman Wells with Northern Cartrols Ltd.; and
- a two-year, $15,000 per annum lease in Fort Good
Hope with the Fort Good Hope RRC.
The Inuvik regional superintendent and senior advisor for planning, presented departmental activity information at the three-year Economic Measures' Review meeting in Inuvik.
The Department of Transportation constructed five bridges within the SSA for the winter road. As provided under section 19.1.5 of the Agreement, a land exchange was concluded with the Tulita District Land Corporation to construct the bridge at Canyon Creek. To clarify both the exchange process and status of exchanged lands, it was agreed to develop an amendment for the Agreement. To date, the GNWT has been unsuccessful in its attempts to finalize wording on this amendment with the Government of Canada. The GNWT will continue this effort in the next reporting period. Two of the remaining bridges are on Sahtu owned lands. The GNWT has negotiated long-term leases for these bridges.
Chapter 8 - Government of Canada
8.1 Economic Activity and Employment
Human Resources Development Canada
Pursuant to Chapter 12 of the Agreement, specifically section 12.1.2(c) and (d) dealing with training and employment opportunities for beneficiaries, Human Resources Development Canada (HRDC) has an obligation to support the Land Claim Agreement and Sahtu self-government aspirations through its existing programs and the Aboriginal Human Resource Development Agreement ( AHRDA) and to maintain an ongoing dialogue with the Sahtu with respect to operations or activities under AHRDA. HRDC officials in the NWT communicate with Sahtu AHRDA officials frequently to discuss operational issues, clarify and define various clauses of the AHRDA and provide advice on implementing aspects of the agreement. A Human Resources Centre of Canada is located in Inuvik, which provides employers and job seekers with information on available programs and services provided by HRDC and the Human Resources Centre.
The SSI is a signatory to the AHRDA, a fiveyear contribution agreement, signed in April 1999 and extending to 2004. It provides funding for labour market training for Aboriginal residents of the SSA and for child-care initiatives to increase the supply of quality child-care services for children with working or training parents who reside in the SSA.
The AHRDA enables the Sahtu to design and deliver numerous services by integrating several Aboriginal programs, including labour market programming and services, capacity building, an urban Aboriginal component, youth programming, child-care programs and programs for persons with disabilities. Funding in 2001-2002 was $885,469. A representative from HRDC attended the November 2001 Economic Measures Review meeting and made a presentation.
Indian and Northern Affairs Canada
INAC provides resources to Sahtu bands and the SSI to support the traditional economy and encourage employment. In 2001-2002, the following allocations were made.
Behdzi Adha" First Nation
- $15,000 for Community Economic Development:
community-based, community-driven support
for economic development.
- $27,837 from the Resource Access Negotiations
Program: to negotiate benefits and surface
- $63,191 for Community Economic Development.
- $10,000 from Resource Access Negotiations for
hydro development negotiations.
Tulita Deline Band
- $36,727 for Community Economic Development.
Fort Good Hope Band
- $53,716 for Community Economic Development.
- $8,000 from the Regional Opportunities
Program for a prefeasibility study of a tourism
Sahtu Dene Council
- $547,096 in tribal council funding for band governance,
financial management and economic
Industry Canada continued to deliver its Aboriginal Business Canada program in the SSA through the Metis Dene Development Fund. This program is available to all persons of Aboriginal descent. The program's strategic priorities are youth, tourism, innovation and market expansion. A presentation outlining the merits of this program was made to the parties during the November 2001 Economic Measures Review meeting.
Public Works and Government Services Canada
Public Works and Government Services Canada (PWGSC) continued to provide opportunities to bid on government contracts by advertising procurement opportunities on the government electronic tendering system and by notifying all claimant groups of procurement of goods, services and construction destined for the SSA. The Agreement requires that whenever PWGSC has a procurement opportunity which affects one or more of the comprehensive land claim agreements, notification is forwarded to the claimant groups.
Assistance and information on the procurement process were provided as requested during the year, as well as information on contracts. Whenever it was practical and consistent with sound procurement principles, PWGSC recommended that evaluation criteria be included in bid solicitations to maximize socio-economic benefits to the claimant groups.
An interdepartmental committee on contracting obligations related to the implementation of comprehensive land claim agreements was created in 2001-2002. PWGSC is a member of this committee which will be meeting on a quarterly basis to discuss contracting issues.
8.2 Environmental and Wildlife
Management Canadian Wildlife Service
In terms of meeting its resource management mandate, 2001-2002 was another successful year. A full complement of staff spearheaded a variety of independent projects including Barrenground and Woodland caribou work, and the SAHS. A number of wildlife and fisheries projects were completed and reports prepared. The SRRB continued to emphasize a community-based approach to its operation, and community RRCs played an important role in the functioning of the SRRB and in determining its management focus.
Settlement Area Harvest Study
The CWS has a seat on the Harvest Study Working Group, and has contributed to the design and ongoing implementation of the SAHS.
Harvest of Migratory Game Birds
Through its seat on the SRRB, the CWS advises the Board of all changes to migratory bird regulations that might have an impact on the Sahtu Dene and Metis. The CWS also provides the SRRB with annual migratory bird harvest statistics as compiled by the CWS and the United States Fish and Wildlife Service. Setting a total allowable harvest for migratory birds has not been discussed by the SRRB. However, it is expected that the SAHS will provide information from which the SRRB could determine a total allowable harvest.
Management of Migratory Wildlife Species
The CWS, through its seats on the various flyway committees, the North American Waterfowl Management Plan and other international initiatives, is closely involved in the management of migratory bird species that cross international boundaries. The SRRB is routinely apprised of issues arising from these international initiatives that may affect the Sahtu Dene and Metis. The CWS sits on the Arctic Goose Working Group of the Arctic Goose Joint Venture (AGJV). This group deals with the over population of snow geese in the Arctic, especially in the Central Arctic. Sahtu Dene and Metis harvest snow geese from the Western Arctic population where the problem does not appear to be as severe. The SRRB was kept informed on this issue. The AGJV is a co-operative Canada-United States body that co-ordinates goose management and research in both countries.
As a signatory to the International Biodiversity Convention and other international conservation initiatives, the Government of Canada is obliged to take steps to ensure the continued viability of all wildlife species within its borders. Consequently the Government of Canada, through the CWS, developed species-at-risk legislation which died on the parliamentary order table with the dissolution of the last Parliament. Environment Canada tabled new species-a-risk legislation in the current session of Parliament. The SRRB was involved at both times in the consultation process through regular appraisals and direct participation in workshops and meetings.
Mackenzie Valley Environmental Assessment
The CWS provided environmental assessment advice to the SLWB on activities in the SSA. The CWS also provided advice and input to the MOU on a number of procedural and environmental matters.
Fisheries and Oceans
DFO continued to support the work of the SRRB in its mandate of wildlife management in the SSA and its work in implementing the fifth year of the SAHS. DFO sponsored the following projects in the SSA:
- Lower Mackenzie River index netting; and
- Great Bear Lake Trout movement and assessment
of Keith Arm stocks.
From a fisheries perspective, the highlight of the year was the DFO's support to the fisheries technician training project. As well, DFO sponsored and funded the Bull Trout community consultation. Total DFO implementation funding for 2001-2002 was $75,800.
The Canadian Coast Guard provided the Aids to Navigation Services on the Mackenzie River in the SAA from May 15 to about October 31, 2001. With respect to land administration activities of the Coast Guard, a number of applications for reserves (land sites) were submitted to the appropriate Sahtu Designated Organization and were pending at year end.
National Energy Board
The NEB has a specific responsibility under Chapter 24 of the Agreement for the expropriation of settlement lands required for pipeline facilities and electrical transmission rights-of-way that are judged to be in the public convenience and necessity. The NEB has not been required to deal with any activities under this chapter to date.
NEB staff participated in board-to-board discussions to develop the Draft Cooperation Plan of the Environmental Impact Assessment and Regulatory Review of a Northern Gas Pipeline Project through the Northwest Territories. As well, NEB staff provided advice and reviewed drafts of the Regulatory Road Map Project Guide: Oil and Gas Approvals in the Northwest Territories - Sahtu Settlement Area. This guide provides readers with descriptions and flow charts of oil and gas approval processes and consultation requirements of various regulators such as the NEB and SLWB. The development of the guide was funded by CAPP and INAC. The guide was issued in February 2002 and can be found on the Internet www.oilandgasguides.com.
Canadian Heritage/Parks Canada Agency
Chapter 17 of the Agreement specifies the production of public information material with respect to protected areas and heritage resources, facilities and projects that give appropriate recognition to the culture and history of the Sahtu Dene and Metis.
At a community consultation workshop in February 2002, the Grizzly Bear Mountain/Scented Grass Hills Commemorative Integrity Statement was reviewed and approved. During this workshop, the Sahyoue/Edacho NWT PAS Working Group provided an update to the community on the PAS evaluation process as it related to these areas. Parks Canada participated in this working group with the Sahtu Dene, GNWT and INAC and is the sponsoring agency for interim land withdrawal during which economic, cultural and ecological resource evaluations will take place. Any artifacts or information collected during the cultural evaluations will be conserved and stored, based on Sahtu Dene considerations.
Parks Canada and the Deline Land Corporation initiated negotiations on an impact and benefits plan in accordance with section 16.2 of the Agreement for the completion of Tuktut Nogait National Park in the SSA. In support of this, the Deline Land Corporation completed a report to identify participants' camps, cabins and traditional travel routes in the area, and held meetings with the Inuvialuit Regional Corporation and the Tuktut Nogait Management Board.
In respect of the Agreement's provisions on preferential hiring of Sahtu beneficiaries, research and consultation requirements and opportunities were provided to the Sahtu Dene during the year.
8.4 Land and Water Management
Indian and Northern Affairs Canada Environment
The NWT Region continued to co-ordinate INAC's technical input to environmental assessments undertaken by the MOU. INAC also co-ordinated, on an ongoing basis, the input of all responsible federal departments in responding to MOU determinations on environmental assessments. The INAC Northern Contaminants Program provided $19,650 to the SRRB to investigate contaminants in the East Bluenose caribou herd.
The NWT regional office continued to spearhead the development of the Cumulative Impact Monitoring Program and led the co-ordination of the Working Group.
Sand and Gravel Resources
The NWT Region provided quarterly reports on the quarry royalties collected in the Mackenzie Valley.
The Canada-Deline Uranium Team completed its second year of work. INAC provided $1,775,000 to the Deline Dene Band to deal with the uranium issue. This involved the completion of site investigations at Port Radium, cancer screenings and mental health assessments in the community, and the initiation of a field workers training program.
Land Use Planning
The NWT Region continued to provide technical expertise and assistance to the staff of the SLUPB in its activities.
Land and Water Use
The North Mackenzie District office continued to work with the SLWB in a number of areas, including the recommendation of terms and conditions on applications for land use permits and water licences, and the provision of inspection services for the Board to ensure compliance with terms and conditions. Land Administration compiled and submitted monthly reports to the SLWB on any activity in the SSA that was recorded in the Land Information Management System.
Board Relations Secretariat
INAC hosted a workshop among northern environmental assessment and regulatory boards in November 2000 to develop terms of reference for the Board Relations Secretariat. This unit operates within INAC to resolve the administrative and budgeting issues northern boards face in their dealings with INAC in both the region and at headquarters, and is a one-window point of contact between the boards and INAC.
Natural Resources Canada
Natural Resources Canada is responsible for surveying the Sahtu lands (as per project 19.5 of the Implementation Plan) and for the preparation of plans and their delivery to the Register of Land Titles. The following surveys were completed between 1994 and March 31, 2001.
- Schedule I: Sahtu lands, excluding minerals
116 of 173 parcels (67 percent complete).
- Schedule II: Sahtu lands, excluding minerals
nine of nine parcels; (100% complete).
- Schedule III: Sahtu lands, including minerals
38 of 39 parcels (97 percent complete).
- Schedule IV: Specific sites
41 of 41 parcels (100 percent complete).
- Schedule XVI: Unsurveyed Sahtu municipal
lands (five communities)
(100 percent complete).
Canadian Environmental Assessment Agency
The Canadian Environmental Assessment Agency continued to work with INAC to clarify the relationship between the MVRMA and the CEAA. As well, the Agency participated with federal, provincial and territorial agencies, northern boards and First Nations to develop frameworks for environmental assessments and regulatory processes for potential pipelines in the NWT.
8.5 Canada Customs and Revenue AgencyCanada Customs and Revenue Agency (formerly Revenue Canada) responsibilities under the Agreement include provision of general information on the taxation implications for the settlement corporations and the preparation of an information document on this topic. The draft of this information document dealing with settlement corporations and related tax aspects has been completed and forwarded to the SSI.
8.6 Other Implementation Activities
Protected Area Strategy
The NWT PAS Implementation Advisory Committee met three times during the year. The Committee developed and adopted guidelines for interim protection, non-renewable resource assessment and third party compensation. The Committee consists of representatives from each regional Aboriginal organization including the SSI, industry, environmental non-Aboriginal organizations, and federal and territorial governments. The SSI representative resigned in July 2001, and this position remained vacant for the balance of the year. INAC continued to support the PAS secretariat in partnership with RWED.
The Sahyoue/Edacho Working Group, with membership from the Deline Land Corporation, Deline RRC, Parks Canada, RWED and INAC, completed the first year of cultural, non-renewable and ecological resource assessments for the candidate protected area of Sahyoue/Edacho. The results of this assessment were shared with the community of Deline in February 2002 and through ongoing communication by the Sahyoue/Edacho community co-ordinator.
With the assistance of the SLUPB, information workshops on the NWT PAS were held in Fort Good Hope in August 2001 and Tulita in December 2001.
Treaty PaymentsThe NWT region of INAC held annual treaty payment meetings in the following communities: Fort Good Hope on May 30, 2001, Colville Lake (Behdzi Ahda" First Nation) and Deline on May 31, 2001 and Tulita on June 1, 2001.
Negotiations continued on draft sub-agreements intended to form parts of a Deline self-government AIP.
Section 5.1.12 of the Agreement requires government to provide the Sahtu Tribal Council with the opportunity "to participate in any constitutional conference or similar process for reform of the constitution of the NWT." Devolution of land and resource management responsibilities to the NWT will entail an amendment to the NWT Act.
On May 22, 2001, the Minister of Indian Affairs and Northern Development, the Premier of the GNWT and leaders of the NWT regional organizations (known collectively as the Aboriginal Summit and including the Sahtu Tribal Council) endorsed an MOU in which they agreed to work toward establishing a formal process to negotiate the devolution of federal responsibilities over land and water resources in the NWT. All parties committed to seeking instruction by March 31, 2002 to engage in a formal devolution process. Funding for the participation of the Aboriginal Summit members in this process will be provided by INAC and GNWT. It is expected that a framework agreement on devolution will be developed in 18 to 24 months, beginning in September 2002.
8.7 Federal Co-ordination of Implementation Activities
The Implementation Branch continues to monitor federal obligations in accordance with the Agreement. The Branch participates at the tripartite Implementation Committee meetings where it discusses and attempts to resolve implementation issues with the GNWT and SSI, as well as ensuring that the Government of Canada fulfils its obligations.
The Branch's role also includes liaising with federal government departments to update the current status of ongoing claim obligations. The method used to track these obligations is the Land Claims Obligation System.
The Implementation Branch is responsible for funding the various implementing bodies under the Agreement. This includes management of six funding agreements in 2001-2002.
In May 2001, the Minister of Indian Affairs and Northern Development agreed to review honoraria rates of part-time ministerial appointees in agencies, boards and commissions. On December 14, 2001, as a result of the above review, the Minister informed members of each of the boards, agencies and commissions of an increase in honoraria rates retroactive to October 1, 2000. The amount of increase for each body was dependent on the level of responsibility as well as the level of expertise required by the individual members.
In co-operation with the NWT regional office, the Implementation Branch is responsible for appointing members to the various implementing bodies, either through ministerial appointment or order-in-council appointment. Over the last fiscal year, two members were re-appointed to the SLWB, one re-appointment and one appointment were made to the SLUPB and two re-appointments and two appointments were made to the MOU, as well as the appointment of a new chair. The Branch worked jointly with the GNWT, SSI and GTC to organize the November 2001 Economic Measures Review meeting, with representatives from federal and territorial government departments, the SSI and GTC.
In 2001-2002 funding was provided to the following implementing bodies:
- Implementation Funding
- Core Funding
Note: * Includes funding for oil and gas capacity.
James H. Davis
Robert A. Kasting
Sahtu Renewable Resources Board
Mackenzie Valley Environmental Impact Review Board
Sahtu Land and Water Board
Sahtu Land Use Planning Board
Sahtu Land and Water Board
Sahtu Land Use Planning Board
Sahtu Renewable Resources Board
Mackenzie Valley Environmental Impact
Government of the Northwest Territories
Sahtu Secretariat Incorporated
|Total Paid to
|September 23, 1994||9 000 000||0||9 000 000|
|September 6, 1994||3 853 940||(533 903)||3 320 037|
|September 6, 1995||5 780 911||(800 854)||4 980 057|
|September 6, 1996||7 707 881||(1 067 805)||6 640 076|
|September 6, 1997||9 634 851||(1 334 757)||8 300 094|
|September 6, 1998||9 634 851||(1 334 757)||8 300 094|
|September 6, 1999||9 634 851||(1 334 757)||8 300 094|
|September 6, 2000||9 634 851||(1 334 757)||8 300 094|
|September 6, 2001||9 634 851||(1 334 757)||8 300 094|
|Total||74 516 987||(9 076 347)||65 440 640|
Implementation Payments $
Note: these amounts include payments to the SSI,
GNWT and the implementing bodies, (including
MVEIRB beginning in 2001-2002).
Appendix A6 - Payments under Section 10.1 with Respect to Resource Royalties Paid to Government 1993 to 2001
Paid to SSI $
Paid to GNWT $
(two years paid in one)
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