Archived - 1999-2000 Annual Report of the Implementation Committee April 1, 1999 to March 31, 2000 Sahtu Dene and Metis Comprehensive Land Claim Agreement

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Author: © Minister of Public Works and Government Services Canada 
Date: Ottawa, 2000 
ISBN: 0-662-65214-2

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The Implementation Committee is pleased to provide its sixth annual report on the implementation of the Sahtu Dene and Metis Comprehensive Land Claim Agreement. The report covers the fiscal year, April 1, 1999 to March 31, 2000.

The Implementation Committee comprises of a senior official from each of the parties: the Sahtu Secretariat Incorporated, the Government of the Northwest Territories 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 Sahtu Secretariat Incorporated and other bodies established under the Agreement.

We are committed to strengthening the partnerships that are key to the successful implementation of this 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.


Glossary of Acronyms and Abbreviations

ABC Aboriginal Business Canada
AGJV Arctic Goose Joint Venture
AHDRA Aboriginal Human Resources Development Agreement
CEAA Canadian Environmental Assessment Act
CIM Cumulative Impact Monitoring
CWS Canadian Wildlife Service
DFO Department of Fisheries and Oceans
DIAND Department of Indian Affairs and Northern Development
FNCCIP First Nations Child Care Initiative Program
FTP Flexible Transfer Payment
GETS Government Electronic Tendering Service
GIS Geographic Information System
GNWT Government of the Northwest Territories
GRRB Gwich'in Renewable Resources Board
IB Implementation Branch
IPG Institutions of Public Government
LCOS Land Claim Obligation System
MBCA Migratory Birds Convention Agreement
MOU Memorandum of Understanding
MVEIRB Mackenzie Valley Environmental Impact Review Board
MVLWB Mackenzie Valley Land and Water Board
MVRMA Mackenzie Valley Resource Management Act
NEB National Energy Board
NHS National Historic Site
NRCan Natural Resources Canada
NWT Northwest Territories
PAS Protected Area Strategy
RRC Renewable Resources Council
RWED Resources, Wildlife and Economic Development
SLUPB Sahtu Land Use Planning Board
SLWB Sahtu Land and Water Board
SRRB Sahtu Renewable Resources Board
SSA Sahtu Settlement Area
SSI Sahtu Secretariat Incorporated

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:

The Agreement also provides for the negotiation of selfgovernment agreements that will be brought into effect through federal and/or territorial legislation.

2. Highlights

3. Implementation Committee

The Implementation Committee comprises three senior officials representing each of the parties involved in the Agreement. In 1999–2000, Danny Yakeleya represented the SSI, Mark Warren, Director of Policy and Implementation, Ministry of Aboriginal Affairs represented the GNWT, and Aideen Nabigon, A/Director, Implementation Management Directorate, DIAND, represented Canada.

As provided for in section 29.2 of the Agreement, the responsibilities of the Implementing Committee are to:

The committee met three times during the 1999–2000 fiscal year, in Yellowknife, Edmonton and Ottawa. Its activities included:

4. Implementing Bodies

The Agreement includes provisions for establishing 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.

Chapter 25 of the Agreement calls for the development of legislation to create several implementing bodies.

Progress in establishing implementing bodies and working groups is outlined below.

4.1 Enrolment

The SSI took over the responsibility of the Agreement's enrolment function on June 18, 1999. As of December 31, 1999, 2,648 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.

4.2 Arbitration Panel

In 1999–2000, the Sahtu Dene and Metis Land Claim Agreement Arbitration Panel was not called upon to convene an arbitration proceeding.

It is the panel's intent to meet in the SSA every second year, at which time meetings will be held with individuals, band councils, institutions and regulatory agencies. This ongoing interactive process enables the panel and parties to the Agreement to become acquainted, prior to any future request for arbitration.

Based on the biannual rotation, the panel will be convening an annual general meeting in Deline from August 30 to September 3, 2000.

4.3 Sahtu Renewable Resources Board

The SRRB was established as the main instrument of wildlife management in the SSA. It is the responsibility of SRRB and all other affected parties to unite 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 Aboriginal as well as non-Aboriginal populations of the SSA.

The seven-member board comprises 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 joint between the Governor in Council and the GNWT Executive Council.

The SRRB continued to implement its objectives and goals as laid out in 1995. The largest single financial activity was the placement of the Wildlife Studies Fund with TAL Investment Council of Vancouver. Interest earned will be reinvested and compounded with the principle amount until such time as additional funds are needed in support of SRRB-funded wildlife research programs. The growth of the fund slowed due to the year's economic climate and low interest rates. The fund was valued at approximately $2.9 million at year end. The SRRB plans include continued growth of the fund before it is considered as a source of funding for the organization's research activity.

The board and staff continued to develop and expand their close co-operative relationship with other institutions of public government (IPG), government agencies and private agencies. The IPGs collectively within the SSA have convened various workshops and training activities on topics such as the geographic information system (GIS), land claims, land and water issuance permits and licences, and land use planning. A variety of environmental issues were addressed, both short-term concerns and in-depth, longrange strategic planning approaches.

Research Projects

Research projects totalled $117,000. Studies included research on Mackenzie Mountain Woodland Caribou, Barren Ground Caribou, Dall's Sheep, moose, waterfowl and fish on the Mackenzie River and Great Bear Lake. The studies focussed on disease process, contaminants, population size, migration patterns, reproduction and survival rates. In contrast to the majority of projects for which funds were provided to outside groups, the Mackenzie Mountain Woodland Caribou project was initiated by the SRRB with outside human resource assistance. The first phase of the project began in March under the management of the resident biologist, and will be completed by the organization's research staff.

The Barren Ground Caribou project initiated by the Gwich'in Renewable Resources Board and Joint Secretariat (Inuvialuit) was co-funded by the SRRB with the stipulation that Sahtu members and board staff will participate in project activities such as caribou collaring and census taking.

The Settlement Area Harvest Study 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 help establish a minimum needs level for each species. During the year, the study focussed on compiling harvesters' data from 1997 onwards into a database. Database software was designed to capture non-confidential information from the harvester interviews which will then be stored in a newly acquired server.

Geographic Information System

The GIS which the SRRB co-funds was widely used by the SRRB, other IPGs, the public and private agencies such as oil and gas companies. It has proven to be a very beneficial investment, particularly as an educational tool.

4.4 Joint Working Group on Sahtu Heritage Places and Sites

Section 26.4.3 of the Agreement provides for the establishment of the Joint Working Group on Sahtu Heritage Places and Sites to consider and make recommendations to the appropriate minister or government agency and to the SSI with respect to the following Sahtu heritage places and sites: the Ramparts, Scented Grass Hills, Grizzly Bear Mountain, the site of Sir John Franklin's 1825 wintering quarters, Loon River/Fort Anderson Trail and such other heritage places and sites as may be agreed on by the working group.

In 1999–2000, the working group completed the obligations set out in the Agreement. A report Rakee Gok'e Godi: Places We Take Care Of was submitted to the GNWT, the Government of Canada and the SSI. It was subsequently approved and published in January.

4.5 Mackenzie Valley Environmental Impact Review Board

The MVEIRB is the main agency mandated by the MVRMA to undertake environmental assessment and review 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 replaced the Canadian Environmental Assessment Act in the Mackenzie Valley except under specific circumstances.

The board's offices are located in Yellowknife and house a staff of five, including an executive director, two environmental assessment officers, a finance and administrative officer and a communications officer.

Transition Projects

Transition developments, those projects caught in the transition between the CEAA and the MVRMA, occupied much of the board's attention during the first few months of the fiscal year. Section 159 of the MVRMA requires that the regulator consult with the MVEIRB before completing the CEAA screening. The board reviewed and commented on 22 transition projects, the largest of which is the Diavik Diamond Mines Comprehensive Study. The board submitted comments on the Diavik study to the federal Minister of the Environment and to the regulatory bodies in October.

Preliminary Screenings and Environmental Assessments

The board received 161 notifications of preliminary screenings. Three preliminary screenings were referred for environmental assessment: the Bruce Domes lumber harvest development near Enterprise; the Ranger Oil, Chevron Canada and Canadian Forest Oil natural gas pipeline near Fort Liard; and the BHP Diamonds expansion at the Ekati mine site. The BHP environmental assessment will be completed in 2000. The MVEIRB staff attended several BHP presentations and met with 17 community and First Nations representatives regarding this assessment.

Interim Environmental Impact Assessment Guidelines

Environmental Impact Assessment in the Mackenzie Valley — Interim Guidelines was distributed to northern bands, communities, government and industry in February. MVEIRB staff worked on revisions to these interim guidelines including the addition of new material to clarify specific issues. The revised guidelines will be released in the 2000–2001 fiscal year.

Board Activities

Board members participated in seven board meetings and 26 teleconferences during the fiscal year. These meetings and teleconferences were held to discuss the full schedule of environmental assessments and transition projects in the board's first full year of operation. Board activities included:

  • two board meetings held in conjunction with community consultations on the Ranger, Chevron and Canadian Forest environmental assessment;
  • sites visits to the Diavik site and BHP's Ekati mine site; the Chevron Canada Resources facility near Fort Liard; Paramount's gas processing facility in northern British Columbia and the site of the company's proposed development near Fort Liard; and the Bruce Domes lumber harvest site near Enterprise;
  • several orientation sessions to develop a better understanding of the environmental impact assessment process and board governance; and
  • representation on the Cumulative Environmental Assessment Monitoring Framework, a body of various government departments and Aboriginal organizations, which is developing the framework for defining cumulative assessment in the NWT.

Public Information

Board members hosted public information sessions, attended meetings to disseminate information and build networks with other organizations. The board responded to invitations to provide information sessions at over 20 fora, community workshops and conferences. Staff met with the National Energy Board on several occasions to discuss co-ordination issues on preliminary screenings and environmental assessments.

The Next 12 Months

In addition to environmental assessments of projects referred by the preliminary screeners, board activities in the next year will include:

  • continuation of discussions between various exploration and pipeline companies and staff on the anticipated Mackenzie Valley natural gas pipeline;
  • discussions regarding co-operation agreements with other regulatory agencies and boards which operate adjacent to the Mackenzie Valley. On this issue, the MVEIRB will continue working with NEB on a memorandum of understanding detailing the mechanisms of co-operation between the two agencies when dealing with transboundary environmental assessments;
  • release for public comment of a draft Rules of Procedure for Environmental Assessment and Environmental Impact Review Proceedings, followed by adoption by the board;
  • completion of the financial and operational review with DIAND; and
  • completion of the environmental assessment of the BHP Ekati mine site expansion.

4.6 Sahtu Land and Water Board

In its first full year of operation following its establishment under the MVRMA, the SLWB received and processed 17 land use permit applications and nine applications for water licences.

The board's staff consists of six positions, including executive director, office administrator, financial controller, land/resource geographer, hydrologist and permit/licence clerk. A Web site was established at Sahtu Land and Water Board  to inform the public about SLWB responsibilities and procedures.

The board held 13 meetings in 1999–2000 in communities throughout the SSA. January was chosen to hold a series of meetings with Tulita municipal government, Tulita Band Council, Tulita Land Corporation, staff of the SRRB and the local RRC as this month marks the height of seasonal oil and gas exploration activities. These meetings relayed information on the SLWB, the MVRMA and the application process for water licences and land use permits.

Other board and staff activities included:

  • drafting of a SLWB bylaw regarding board administration;
  • a public hearing on an industrial water licence renewal for Imperial Oil Resources (NW) Ltd. in Norman Wells. This was the first public hearing process and was judged to be very successful; and
  • preparations for renewal applications of municipal water licences in two Sahtu communities. The administration of terms and conditions is an intensive process to ensure that applicants, permittees and licensees are aware of their obligations regarding land and water resource protection in the SSA.

4.7 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 Sahtu land use planning process comprises three, often overlapping, components:

  • interest component: assisting people to make their own land plan, building stakeholder commitment to the plan, negotiating among different perspectives;
  • technical component: gathering information, compiling maps; and
  • educational component: promoting an understanding of land use planning and its importance.

The main functions of the board in its first complete year focussed on these three components and management activities.

Interest Component

The board began the planning process by working with communities, industry and other stakeholders to define their goals and visions and identify issues. Over 700 people from the communities, industry and environmental groups attended meetings, open houses, workshops and household interviews. While the Sahtu land use planning process is primarily community-focussed, discussions were held with the resource and tourism industries and environmental groups to ensure a balanced plan. Major issues raised included traditional land use, resource and other economic development, environmental protection and conservation, community well-being and community participation in land management.

The board's partners: the SSI, RWED and DIAND, were consulted on an ongoing basis regarding the board's progress.

Technical Component

The board supplemented the visioning activities in the interest component with an aggressive information collection campaign directed at 75 organizations, agencies and other groups. A comprehensive library was established covering the natural, social and cultural resources of the Sahtu.

Information was collected on climate, geology, soils, vegetation, wildlife, cultural and natural sites, land uses and management, and social indicators. Special projects were conducted on watershed mapping, fish mapping, forestry potential mapping, current land use mapping and community statistical profiling.

Educational Component

Radio shows, newsletters, bilingual (English and Slavey) brochures, newspaper articles and a logo contest were used to publicize the mission of the SLUPB both within and outside of the SSA. Board members and staff attended a variety of conferences, workshops and community presentations on issues relating to land use planning, such as protected areas, the GeoScience forum, cumulative effects and climate change.

Board members and staff also attended a number of training sessions on computer use, GIS, supervision, communication and conflict resolution, and workshop facilitation. Three training workshops on land and resource use mapping projects were held for the community field workers.

Working with youth has been a priority of the board. In addition to completing the school visits that were started last year, the board developed an educational package about land use planning for use in the region's schools.

Management Activities

The board held six meetings during the year in a number of Sahtu communities. Some of the meetings were held in conjunction with community or other stakeholder meetings. One meeting was convened as a workshop to discuss monitoring and review of SLUPB activities. Board members participated in a variety of other formal and informal meetings with primary stakeholders.

A full complement of staff was acquired, including a natural resources specialist, a social scientist, an office manager and a planner trainee. The planner trainee position is designed to allow a Sahtu beneficiary the opportunity to learn about land use planning and then take on the role of plan implementation. Community field workers were hired in each of the Sahtu communities to map community land uses and provide information to community members.

In 2000–2001, the SLUPB will continue progress toward the goal of conserving, using and developing Sahtu lands in a way that protects and promotes the present and future wellbeing of Sahtu beneficiaries, local residents and all Canadians. Specifically, it will focus on working with stakeholders to analyse information, generate options and build a draft land use plan.

5. The Sahtu Secretariat Incorporated

The SSI was formed by the seven Sahtu land corporations (made of 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:

The SSI participates in the implementation of the Agreement through the nomination of board members to the implementing bodies, involvement in the Northern Accord discussions 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 and economic development. Recently, as part of an assessment of its financial and human resources, the SSI Board of Directors re-evaluated the SSI's purpose, goals and objectives and clarified its working relationship with the Sahtu Dene Council.

5.1 Board of Directors

The SSI Board of Directors is composed of the following members:

Edwin Erutse, Chairperson
Alvin Yallee, Vice-Chairperson
Wilbert Kochon
Winston McNeely
Rocky Norwegain
Larry Tourangeau
John Tutcho

5.2 Head Office

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 and the Sahtu Enrolment Board. Staff include:

Larry Hutchison
Brian Davidson
Orlena Modste

Executive Director
Chief Financial Officer
Office Administrator

5.3 Community Renewable Resources Councils (RRCs)

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 Renewable Resources Council;
  • Deline Renewable Resources Council;
  • Fort Good Hope Renewable Resources Council;
  • Tulita Renewable Resources Council; and
  • Norman Wells Renewable Resources Council.

During the fiscal year, the RRCs worked with the SRRB on the Settlement Area Harvest Study.

5.4 Land Ownership

The SSI does not own land. All settlement lands outside of municipalities are owned by the district land corporations in the three districts of Deline, Tulita and K'asho Got'ine.

  • 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 Corporation, which comprises 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 comprising the Yamoga Land Corporation, Fort Good Hope Metis No. 54 Land Corporation and the Ayoni Keh Land Corporation of Colville Lake.

5.5 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 under 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 paid, less fees, on a per capita basis to the seven financial corporations. As of December 31, 1999, the balance in the trust was $51 million, and the net income generated by the trust was $3,369,018.

5.6 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). The Department of Fisheries and Oceans maintains that the 28 special harvesting areas for fish are open to all persons with a fishing licence; the SSI disagrees. 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. The SSI Board of Directors determined that the interpretation of the special harvesting provisions should be clarified through arbitration.

5.7 Amendment to the Wildlife Act Regulations

Throughout the reporting period, the SSI consulted with RWED about the proposed amendments to the Wildlife Act regulations. While RWED met with some of the RRCs, the SSI encouraged a wider consultation involving all of the Sahtu communities.

5.8 Aboriginal Human Resources Development Agreement

The SSI is signatory to the Aboriginal Human Resources Development Agreement (AHRDA). This five-year Agreement was signed in April and provides funding for labour market training activities for Aboriginal residents of the SSA. This Agreement 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 funding under the Sahtu AHRDA. These recommendations and assessments are then directed to community committees for final funding approval. For the 12-month period ending March 31, 2000, a total of 35 labour market training projects were funded, and the FNCCIP contributed to the ongoing availability of 79 preschool and child care spaces in the SSA.

5.9 Deline Self-Government Negotiations

The Agreement provides for the negotiation of selfgovernment agreements to be effected through federal legislation and GNWT legislation. Provisions relevant to self-government are contained in chapter 5 and Appendix B of the Agreement.

The Deline Land Corporation is in the process of negotiating a self-government agreement pursuant to Appendix B of the Agreement and the federal government's inherent right policy. This involves the following activities:

  • negotiation of a process schedule agreement;
  • negotiation of an annual internal work plan, schedule and funding arrangements;
  • negotiation of the listed subject matters agreed to in the process schedule agreement;
  • initialling the agreement in principle; and
  • ratification of the final agreement.

During the year, the Deline Land Corporation negotiation process included the following subject areas under the process schedule agreement:

  • governing structures sub-agreement;
  • elections sub-agreement;
  • citizens sub-agreement;
  • education (K-12) sub-agreement;
  • transition sub-agreement;
  • general provisions sub-agreement;
  • municipal services sub-agreement (formerly local government sub-agreement);
  • adult education, post-secondary education and training; and
  • student financial assistance.

The following subjects are scheduled for 2000–2001:

  • health;
  • social services;
  • raising revenues for local purposes; and
  • use, management and control of settlement lands.

6. Government of the Northwest Territories

The GNWT agreed to perform various implementation activities pursuant to the Sahtu Implementation Plan and related funding agreements as described below.

6.1 Ministry of Aboriginal Affairs

The Ministry of Aboriginal Affairs 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. Ministry officials initiated preliminary work for a joint Sahtu/ Gwich'in Implementation Committee workshop. This workshop is expected to take place early in the next reporting period, with the goal of developing a more formal set of rules and procedures for the committees.

The ministry, through the Implementation Committee, spearheaded the request for a more flexible funding arrangement with the Government of Canada for all implementation funding. As a result, a new type of funding arrangement for all implementing bodies will be used in 2000–2001. The Implementation Committee endorsed the use of this "Flexible Transfer Payment."

The ministry represented the GNWT on the Sahtu Five- Year General Review Working Group. A final report is expected to be published by the summer of 2000.

In accordance with chapter 5 and Appendix B of the Agreement, the ministry has also participated in the selfgovernment negotiations that are ongoing with the community of Deline. A Process and Schedule Agreement outlining the time frame, approach and subject matters for negotiation was signed by all three parties in 1998. During the last year, substantive agreement was reached on the governance model, including elections and citizenship. A sub-agreement on education is almost complete. Discussions are under way on adult education, student financial assistance, early childhood, general provisions, municipal services, fiscal relations, administration of justice and a communications strategy.

6.2 Resources, Wildlife and Economic Development

The Department of Resources, Wildlife and Economic Development continued to meet its obligations through ongoing consultation with the Sahtu designated organizations. RWED works closely with these organizations along with the SRRB, SLUPB, and SLWB. RWED promotes, assists with and advises these bodies on wildlife management, forest management, resource development and economic development issues. To help educate GNWT staff and individuals from the Sahtu Region on the Agreement, a three-day open workshop was held in October in Norman Wells.

Economic Activities

RWED established an Economic Strategy Panel, consisting of a variety of stakeholders including the SSI, to develop an economic strategy report for the GNWT. RWED worked co-operatively with Sahtu organizations and communities to support and encourage beneficiary involvement in business development and employment opportunities leading to economic self sufficiency. Business advice, counselling and support were provided, as well as assistance to participant businesses and individuals to access financial support from various sources.

Research and Management Projects

A close working relationship continued between RWED and the SRRB involving several joint research and management projects. Included among these were an assessment of the Dall's sheep populations, the duck banding project and continuing work on the development of a Bluenose Caribou Herd Management Plan. Work progressed with the SLUPB, SLWB and SRRB to fulfil regional GIS needs.

The development of a management plan for the proposed Canol Trail and Dodo Canyon Park continued with the Tulita District Land Corporation and the SSI. A Sahtu land claim beneficiary was hired as a park management trainee.


In consultation with the appropriate Sahtu organizations, RWED has undertaken to develop new wildlife and species at risk legislation. This new legislation will be consistent with the Agreement.

6.3 Education, Culture and Employment

A representative from the department's Culture and Heritage and Languages Division was the GNWT's nominee on the Joint Working Group on Sahtu Heritage Places and Sites. This working group was responsible for reviewing Sahtu heritage places and sites and then making recommendations to the appropriate minister. The working group completed its recommendations and submitted the report Rakee Gok'e Godi: Places We Take Care Of to the GNWT, the Government of Canada and the SSI.

The Culture, Heritage and Languages Division began a project to obtain a photographic archive of the Sahtu area for repatriation.

The Department provided ongoing advice on possible impacts that land use operations might have on heritage sites.

6.4 Justice

Plans of survey have been registered for all municipal parcels, and certificates of title have been issued. However, nine parcels have outstanding issues which are currently being dealt with. Thirty-five plans of survey have been registered for specific sites and, pursuant to requests, 20 certificates of title have been issued. Ninety-one plans of survey have been registered for the portions of the boundaries of the settlement land parcels and, pursuant to requests, 22 certificates of title have been issued.

The Legal Division continued to provide legal advice and assistance in a variety of areas, including work on proposed amendments to the Agreement to clarify the effect of land exchanges, wildlife issues and economic measures obligations.

6.5 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 negotiated a contract with Sahtu Contractors Ltd. for winter bulk fuel resupply for Tulita, Deline and Fort Good Hope for a threeyear period (1999–2001). The 2000 winter resupply was successfully completed in March.

6.6 Transportation

As provided under section 19.1.5 of the Agreement, a land exchange agreement with the Tulita District Land Corporation was completed to allow construction of a bridge for the winter road. To provide for such agreements in the future, an amendment to the Agreement has been drafted, with input from the SSI, the Government of Canada and the GNWT. The amendment is expected to be finalized and approved in 2000–2001.

7. Government of Canada

7.1 Legislation

With the proclamation in 1998 of the MVRMA, the obligations of the Sahtu Dene and Metis Comprehensive Land Claim Agreement and the Gwich'in Comprehensive Land Claim Agreement to legislate an integrated resource management system in the Mackenzie Valley were fulfilled.

On March 31, 2000, the Mackenzie Valley Land and Water Board, with jurisdiction over the Mackenzie Valley, was established.

7.2 Economic Activity and Employment

Human Resources Development Canada

Chapter 12 of the Agreement states the obligations of the federal government in achieving the objectives of economic development programs in the SSA, specifically, section 12.1.2(c) and (d) which deals with training and employment opportunities for beneficiaries.

Human Resources Development Canada provides funding in support of human and institutional initiatives through the Aboriginal Human Resources Development Strategy. The Strategy is a five-year policy and funding commitment to employment programs. It offers a full service menu of options by integrating several Aboriginal programs including labour market programming, First Nations and Inuit home care, an urban component, youth programming, capacity building and programs for persons with disabilities.

The allocation to the Sahtu under its AHRDA is $852,436.

Indian and Northern Affairs Canada

The following resources were provided to Sahtu bands and the SSI to support the traditional economy and encourage employment:

Behdzi Adha First Nation

  • $12,000 for the Federal/Provincial/Territorial Partnership Program: to gain an understanding of oil and gas development processes and build relationships to support that purpose.
  • $15,000 for Community Economic Services: community-based, community-driven economic development support.

Deline Band

  • $5,000 for the Regional Opportunities Program: IT advocacy and partnership building.
  • $63,191 for Community Economic Services: community-based, community-driven economic development support.
  • $72,000 for the Federal/Provincial/Territorial Partnership Program: Community Re-Development of Electric Power Infrastructure Study.
  • $5,500 for the Regional Opportunities Program: to consider the possible development of a new power infrastructure.

Fort Good Hope Band

  • $53,716 for Community Economic Services: community-based, community-driven economic development support.

Sahtu Secretariat Inc.

  • $5,690 for the Development Impact Zone Program and the Resource Access Negotiations Program: to meet with the Canadian Association of Petroleum Producers in regards to a call for nominations.

Tulita Dene Band

  • $36,727 for Community Economic Services: community-based, community-driven economic development support.

Industry Canada

Aboriginal Business Canada (ABC) of Industry Canada continued to increase awareness of its program in the NWT. Through the aggressive marketing campaign on the strategic priorities of ABC conducted by the Metis Dene Development Fund Ltd. in the Sahtu and Gwich'in settlement areas, heightened interest was apparent in this fiscal year. In addition, the Sahtu Business Development Centre promoted the ABC program and plans to partner with the Metis Dene Development Fund Ltd. to deliver the program in the SSA.

To date, the uptake of the program has been judged slow with three business projects under way in the settlement areas. However, it is anticipated that the demand will increase in the future.

National Energy Board

The National Energy Board 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 interest. NEB has not been required to deal with any activities under this chapter to date.

During the year, NEB staff have been involved in several activities directed at facilitating implementation of the Agreement. Staff participated in the SLWB Technical Advisory Committee which reviewed the Imperial Oil Resources Limited water licence renewal application (1999) and update (2000). Staff also provided information and technical explanations, as appropriate, to the SLWB on several geological, geophysical and drilling proposals.

NEB continued to be supportive of the implementation of the MVRMA. Staff gave presentations at the Resource Development and the Mackenzie Valley Environmental Resource Management Act: The New Regime conference. This presentation described the NEB's role as a regulator and opportunities for the co-ordination of assessments with the MVEIRB and the land and water boards in the Mackenzie Valley.

Public Works and Government Services Canada

Public Works and Government Services Canada 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 various settlement areas.

Assistance and information on the procurement process were provided as requested, as well as information on contracts. Whenever practical and consistent with sound procurement management, evaluation criteria were included in tenders to maximize socio-economic opportunities for claimant groups.

7.3 Environmental and Wildlife Management

Canadian Wildlife Service

In 1999–2000, the Canadian Wildlife Service was involved in a number of activities related to the management of wildlife.

Settlement Area Harvest Study
CWS has a seat on the Harvest Study Working Group and has contributed to the design and ongoing implementation of the harvest study.

Harvest of Migratory Game Birds
Through its seat on the Sahtu Renewable Resources Board (SRRB), the CWS advises the board of all changes to migratory bird regulations that might have an impact on the Sahtu Dene and Metis. CWS also provides the SRRB with annual migratory bird harvest statistics compiled by the CWS and the United States Fish and Wildlife Service. The setting of a total allowable harvest for migratory birds has not been discussed by the SRRB; however it is expected that the harvest study will provide information from which the SRRB could determine a total allowable harvest.

Management of Migratory Wildlife Species
CWS, through its seats on the various flyway committees, the North American Waterfowl Management Plan and other international initiatives, is involved closely 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.

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. The 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 about this issue. The AGJV is a co-operative Canada/United States body that co-ordinates goose management and research in both countries.

CWS has continued to provide the SRRB with information on the progress of negotiations between Canada and the United States to amend the Migratory Birds Convention Agreement to allow for the spring hunting of waterfowl by northern Aboriginal people including the Sahtu Dene and Metis. CWS updated the SRRB on the status of this amended protocol as it proceeded through the respective Canadian and American legislative bodies.

The SRRB was updated on the peregrine falcon trapping issue with the United States and invited to submit comments on the issue and the Canadian position directly to the Director General of CWS.

Species at Risk Legislation
As a signatory to the International Biodiversity Convention and other international conservation initiatives, Canada is obliged to take steps that ensure the continued viability of all wildlife species within its borders. Consequently Canada, through CWS, developed species at risk legislation that died on the parliamentary order table with the dissolution of the last Parliament. Environment Canada has tabled new species at risk legislation in Parliament. The SRRB was involved both times by means of regular apprisal and direct participation in workshops and meetings.

Mackenzie Valley Environmental Impact Review
CWS has provided environmental assessment advice to the SLWB on activities in the SSA. CWS has also provided advice and input to the MVEIRB on a number of procedural and environmental matters.

The SRRB was advised periodically about the federal nontoxic shot regulations that came into full effect in September. Additional public relations activities were undertaken in the form of brochures distributed to northern communities and through the media.

Fisheries and Oceans

Fisheries and Oceans continued to support the work of the SRRB in its mandate of wildlife management in the SSA and its work in implementing the Settlement Area Harvest Study. DFO sponsored lake surveys on three lakes around Colville Lake and two lakes around Norman Wells.

From a fisheries perspective, the highlight of the fiscal year was the establishment of a mechanism for the management of shared fish populations through the finalizing of the Integrated Fisheries Management Plan for the Inconnu of the Lower Mackenzie River. This plan was developed in cooperation with the Inuvialuit and Gwich'in.

The Canadian Coast Guard provided the Aids to Navigation Service on the Mackenzie River in the SSA from June 5 to approximately October 10, 1999. With respect to land administration activities of the Coast Guard, five applications for reserves (land sites) were submitted to the Sahtu Dene Council and were pending at year end.

7.4 Heritage

Canadian Heritage

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. The Parks Canada Agency of Canadian Heritage concluded consultations with Elders at Deline to draft texts for the NHSs at Deline Fishery, Franklin's Fort, Grizzly Bear Mountain and Scented Grass Hills. In August, plaques were unveiled in Deline to commemorate these four NHSs on the Great Bear Lakes.

Parks Canada supports the active involvement of the Sahtu in the conservation and management of Sahtu heritage resources and worked with the community of Deline to produce a cultural integrity statement for the four NHSs on the Great Bear Lakes. This commemorative integrity statement was developed in a public workshop in October. A public review of this draft document followed throughout the winter.

Work began on the Conservation and Presentation Plan which is the action plan to support the vision of the commemorative integrity statement. The terms of reference were completed and the project initiated, with a projected completion date of summer 2000.

The Sahtu Heritage Places and Sites Working Group submitted a final report with recommendations to the appropriate federal and territorial ministers and the SSI.

Parks Canada participated in the NWT Protected Area Strategy process. A protected area proposal by the community of Deline was in development during the year.

7.5 Land and Water Management

Indian and Northern Affairs Canada

DIAND worked with the institutions of public government to facilitate a smooth transition between the previous land and water management regime and the new regime established under the MVRMA. To this end, the Operations Directorate in NWT Regional Office established a regional MVRMA implementation team. This team hosted information sessions and workshops to promote a better understanding of the Act and its processes. Approximately 2,500 information folders were distributed which included fact sheets on each of the boards, a description of the changes to the land and water regulatory processes, an explanation of the inter-relationship of the boards, pamphlets on the MVRMA, contact sheets and a flow chart of the new Mackenzie Valley resource management system.

The NWT Region continued to co-ordinate DIAND's technical input to environmental assessments undertaken by the MVEIRB. DIAND co-ordinated the federal input to the Minister of Indian Affairs and Northern Development's decision reports on environmental assessments. Continued support was provided in the development of screening and assessment guidelines, and the region participated in the operational and management review of the MVEIRB processes.

DIAND has responsibilities for administering federal Crown land under the Territorial Lands Act, Territorial Lands Regulations, Territorial Quarry Regulations and the Canada Mining Regulations. The department continued to provide inspection and enforcement of the terms and conditions attached to authorizations issued by both DIAND and the newly established institutions of public government.

Sand and Gravel Resources
The NWT Region provided quarterly reports on the quarry royalties collected in the Mackenzie Valley.

Hazardous Wastes
DIAND's Northern Contaminants Program provided the following funds to address contamination concerns within the SSA:

  • $36,000 to the Sahtu Dene Council (fourth year of funding) for a Sahtu regional contaminants co-ordinator to address general contaminant concerns. The Sahtu Dene Council is a member of the NWT Contaminants Committee and was funded to participate in-person meetings and to attend national workshops.
  • $452,000 to the Deline Dene Band to allow its full participation in the Canada-Deline process which is addressing uranium concerns.
  • $12,000 to augment $25,000 from Natural Resources Canada for the removal of uraniumcontaminated soils from Tulita.

Land Use Planning
The NWT Region provided technical expertise and assistanceto the staff of the Sahtu Land Use Planning Board (SLUPB). Activities included participation in public and informal meetings and provision of feedback on processes and reports generated by the board. DIAND will continue to provide assistance to this board on an as-required basis, as it works towards completion of a preliminary draft land use plan.

Land and Water Use
The North Mackenzie District office worked with the Sahtu Land and Water Board in a number of areas, including: recommending terms and conditions on applications for land use permits and water licences, and providing inspection services for the board to ensure compliance with the terms and conditions attached to the issued authority. Land Administration submitted monthly reports to the SLWB on any activity in the SSA that was recorded in the Land Information Management System. Review and sign off of Sahtu survey plans were done for parcels within the SSA; in addition, Land Administration reviewed all files within the settlements of Fort Good Hope and Deline and prepared a report on former Indian Affairs Branch lots, identifying those that require further testing for contamination and clean up.

Natural Resources Canada

Land Surveys
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 delivery of such to the Register of Land Titles. The following surveys were completed between 1994 and March 31, 2000:

  • Schedule I: Sahtu lands, excluding minerals
    87 of 173 parcels (50.3 percent complete);
  • Schedule II: Sahtu lands, excluding minerals
    0 of nine parcels;
  • Schedule III: Sahtu lands, including minerals
    33 of 39 parcels (84.6 percent complete);
  • Schedule IV: Specific sites
    41 of 41 parcels (100 percent complete); and
  • Schedule XVI: Unsurveyed Sahtu municipal lands
    (5 communities) (100 percent complete).

The Sahtu Boundary Survey Program projects that the completion of Schedule I surveys will increase to 65 percent and Schedule III to 95 percent by the end of fiscal year 2000–2001.

Canadian Environmental Assessment Agency

The Canadian Environmental Assessment Agency (CEAA) worked with DIAND to clarify the relationship between the MVRMA and the CEAA.

7.6 Revenue Canada

Revenue Canada's 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 document dealing with settlement corporations and related tax aspects was completed and forwarded to the SSI and Gwich'in Tribal Council in March.

7.7 National Defence

Pursuant to the Agreement, the Department of National Defence Canadian Forces provides affected tribal councils with a yearly training plan and a notice of exercise approximately one month before an exercise occurs. Communities that will be affected are also advised at the time of forthcoming activities in their area.

Most exercises performed are in the form of Ranger patrols and Army Cadet program activities. Current strengths are as follows:

Fort Good Hope 17 Rangers, 12 Cadets

Norman Wells 11 Cadets

Each patrol conducts Ranger training annually. Each exercise lasts two weeks and consists of a training phase within the local community followed by a four-day exercise in the local area. Training is focussed on Ranger skills, training skills and life skills. Exercises are conducted in different areas each year; however no Ranger exercises were scheduled for this reporting period.

In support of the Trans Canada Millennium Relay, Rangers accompanied the relay through Sahtu territory between February 23–26, 2000. These Rangers came from Tsiigehtchic, Fort Good Hope and Tulita.

Cadets conduct local field training up to three times yearly. Cadet zone exercises include a number of cadet corps. Cadet activities were reduced in 1999–2000 due to preparations for the year 2000. It is expected that these activities will be restored to previous levels in the next year.

7.8 Other Implementation Activities

Cumulative Impact Monitoring

The Agreement contains a provision for the development of a method of monitoring the cumulative impacts of land and water use on the environment in the Mackenzie Valley. The working group, comprising Sahtu, Gwich'in, Inuvialuit, federal and territorial government representatives and established the previous year to guide the next steps of the Cumulative Impact Monitoring program, developed its terms of reference and provided an information poster for community members. It also provided input and direction on an inventory of databases and records of current and historical environmental, social, economic and community monitoring data and research for the Mackenzie Valley with emphasis on the Sahtu and Gwich'in regions. In March 1999, representatives from the other land claim areas in the NWT joined the working group as either participants or observers, according to their individual organizations' policies, and the scope of the program was expanded to the Mackenzie Valley.

Concerns were expressed by working group members over the inconsistent and irregular attendance at meetings by the Sahtu region. Initial meetings were held in most Sahtu communities to discuss the role of communities and the use of traditional knowledge in the CIM program. A draft monitoring program for the Mackenzie Valley and a work plan for the group will be finalized once sufficient resources are available.

Protected Area Strategy

The NWT Protected Area Strategy was signed by territorial and federal governments in September. It was developed by an advisory committee that included representatives from the Sahtu, Inuvialuit, Gwich'in, Dogrib Treaty 11, Akaitcho Treaty 8, Deh Cho, industry, federal and territorial agencies, and non-governmental organizations. As implementation of the PAS moves forward, DIAND will continue to work with the Sahtu communities and organizations under the Agreement when new protected areas are being considered in the SSA. DIAND supports a PAS secretariat in partnership with RWED.

Treaty Payments

The NWT region of DIAND met with each of the Sahtu bands in Fort Good Hope, Colville Lake, Deline and Tulita, and made the annual treaty payments.

7.9 Federal Co-ordination of Implementation Activities

The Implementation Branch is responsible for:

  • monitoring federal obligations as identified in the final agreement;
  • liaising with the GNWT, the SSI and the implementing bodies on issues concerning the land claim obligations;
  • updating and maintaining the Land Claim Obligation System (LCOS), which provides a status of federal activities;
  • co-ordinating the production of the 1998–1999 annual report;
  • managing funding agreements with implementing bodies; and
  • processing ministerial and Governor in Council appointments to implementing bodies.

The branch obtained approval from Treasury Board to replace the contribution agreement method of flowing funds to bodies created under land claim agreements with a Flexible Transfer Payment instrument. This implementationfriendly transfer mechanism addressed two major concerns of the contribution agreement approach: the inability of implementing bodies to carry over funds from one fiscal year to the next and the termination clause.

Acting as Canada's member on the tripartite committee for the Five-Year General Review of Implementation, a representative of IB continued work in writing and producing the final report for distribution. The final report will be released in mid-August 2000.

Due to a volume-driven increase in development in the Mackenzie Valley region, IB successfully obtained Treasury Board approval to provide additional funding to the MVEIRB.

IB continued to oversee the appointment process of the implementing bodies, either through Order-in-Council appointments or ministerial appointments. A Chairperson and member were appointed to the SLWB. The SLUPB has yet to nominate its Chairperson.

In 1999–2000, funding was provided to the following organizations:

Organization Amount
Sahtu Secretariat Incorporated
• Implementation Funding $183,593
• Renewable Resources Councils $193,713
• Capital Transfer Payment (net of loan repayment) $8,300,094
• Resource Royalties $211,972
Government of the Northwest Territories $294,533
Renewable Resources Board
• Implementation Funding $780,460
• Settlement Area Harvest Study $224,003
Enrolment Board $20,821
Arbitration Board $13,566
Land Use Planning Board $842,489
Land and Water Board $605,157

Appendix A1

Membership of Implementing Bodies
(as of March 31, 2000)

Enrolment Board*
Lorraine DoctorChairperson
Wilfred McNeely, Jr.Vice-Chairperson
Rosemary CairnsYellowknife
Wilbert KochonColville Lake
Lori Ann LennieTulita
Monica LoomisNorman Wells
Isidore ManuelFort Good Hope
Raymond TanitonDeline
Larry TourangNorman Wells

* The membership of the Enrolment Board was in effect until June 18, 1999 when its functions were transferred to the SSI.

Arbitration Panel
James H. DavisChairperson
Nigel BankesVice-Chairperson
Larry Chartrand
David C. Elliot
Deborah Hanly
Robert A. Kasting
Anton M.S. Melnyk
Francis Price
Mackenzie Valley Environmental Impact Review Board
Gordon LennieChairperson
Leonard Colissimo
Bertha Rabesca
Dennis Bevington
Barney Masuzumi
Sahtu Renewable Resources Board
Winter LennieChairperson
Russell Hall
George Barnaby
Danny Gaudet
Paul Latour
Ruby L. McDonald
Celina Stroeder
Keith Hickling
Lucy Jackson
Leonard Kenny
Archie Lennie, Sr.
Diane F. Malley
Kevin J. McCormick
Sahtu Land and Water Board
Larry WallaceChairperson
George Barnaby
Walter Bayha
Violet Doolittle
Derrick Muyres
Joint Working Group on Sahtu Heritage Places and Sites
John T'SeleieChairperson
Tom Andrews
Ellen Lee
Bella T'Seleie
Isadore Yukon
Sahtu Land Use Planning Board
Roderick HardyInterim Chairperson
Barry HarleyInterim Vice-Chairperson
Clarence Campbell
Wilbert Kochon

Appendix A2

Map of Sahtu Settlement Area


Appendix A3

Schedule of Capital Transfer Payments 1994 to 1999

Date Schedule of Payments Loan Repayment Total Paid to the SSI
Total $55,247,285 ($6,406,833) $48,840,452
June 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

Appendix A4

Implementation Payments 1994–1995 to 1999–2000

Fiscal Year Implementation
Total $11,525,538
1994-1995 $ 688,458
1995-1996 $1,205,791
1996-1997 $1,622,443
1997-1998 $1,970,533
1998-1999 $2,869,978
1999-2000 $3,168,335

Note: these amounts include payments to the SSI, GNWT and the implementing bodies.

Appendix A5

Resource Royalties 1993 to 1999

Fiscal Year Resource Royalties Paid Out
Total $1,481,897
1993 $123,221
1994 $198,041
1995 $204,357
1996 $278,782
1997 $244,261
1998 $211,263
1999 $221,972

Appendix A6

Property Taxes Paid to GNWT 1994 to 1999

Fiscal Year Property Taxes Paid to GNWT
Total $47,134
1994 & 1995 (two years paid in one) $8,666
1996 $9,739
1997 $9,544
1998 $9,562
1999 $9,623

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