Archived - Sahtu Dene and Metis Comprehensive Land Claim Agreement - Annual Report Of The Implementation Committee April 1, 2005 - March 31, 2007
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Catalogue No. R31-10/2007
Table of Contents
- Glossary of Acronyms and Abbreviations
- 1 Features of the Agreement
- 2 Highlights
- 3 Specific Issues
- 4 Implementation Committee
- 5 Implementing Bodies
- 6 Sahtu Secretariat Incorporated
- 6.1 Sahtu Enrolment Board
- 6.2 Amendments to the Sahtu Dene Metis Comprehensive Land Claim Agreement
- 6.3 Sahtu Trust
- 6.4 Community Renewable Resources Councils
- 6.5 Mackenzie Gas Project
- 6.6 Land Administration
- 6.7 Norman Wells Proven Area – Chapter 9
- 6.8 Amendments to the NWT Wildlife Act Regulations
- 6.9 Aboriginal Summit Devolution
- 6.10 Deline Self-Government Negotiations
- 7 Government of the Northwest Territories
- 7.1 Aboriginal Affairs and Intergovernmental Relations
- 7.2 Department of Municipal and Community Affairs
- 7.3 Department of Environment and Natural Resources
- 7.4 Department of Education, Culture and Employment
- 7.5 Department of Industry, Tourism and Investment
- 7.6 Department of Justice
- 7.7 Department of Transportation
- 7.8 Department of Public Works and Services
- 7.9 Northwest Territories Housing Corporation
- 8 Government of Canada
- A1: Membership of Implementing Bodies
- A2: Web Site Addresses
- A3: Map of Sahtu Settlement Area
- A4: Schedule of Capital Transfer Payments, 1994 to 2006
- A5: Implementation Payments, 1994-1995 to 2006-2007
- A6: Payments under Section 10.1 with Respect to Resource Royalties Paid to Government, 1993 to 2006
- A7: Property Taxes Reimbursed to the Government of the Northwest Territories,1994 to 2006
The Implementation Committee is pleased to provide this annual report on the implementation of the Sahtu Dene and Metis Comprehensive Land Claim Agreement. The report covers 24 months from April 2005 to March 2007 (fiscal years 2005-2006 and 2006-2007).
The Committee consists 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.
Implementing the Agreement presents opportunities and challenges. Progress by the Implementation Committee is being achieved through a relationship defined by mutual respect and a commitment to fulfilling the obligations set out in the Agreement. We are committed to strengthening the partnerships that are key to the successful implementation of the Agreement.
Original signed by
Sahtu Secretariat Incorporated
Original signed by
Government of the Northwest Territories
Original signed by
Government of Canada
Glossary of Acronyms and Abbreviations
|AHRDA||Aboriginal Human Resources Development Agreement|
|APG||Aboriginal Pipeline Group|
|ASEP||Aboriginal Skills and Employment Partnership|
|CEAA||Canadian Environmental Assessment Agency|
|CEDP||Community Economic Development Program|
|CIMP||Cumulative Impact Monitoring Program|
|CIMPWG||Cumulative Impact Monitoring Program and Audit Working Group|
|CWS||Canadian Wildlife Service|
|DAAIR||Department of Aboriginal Affairs and Intergovernmental Relations (NWT)|
|DFO||Department of Fisheries and Oceans|
|EC&E||Department of Education, Culture and Employment (NWT)|
|ENR||Department of Environment and Natural Resources (NWT)|
|GIS||Geographic Information System|
|GNWT||Government of the Northwest Territories|
|HRSDC||Human Resources and Social Development Canada|
|INAC||Indian and Northern Affairs Canada|
|ITI||Department of Industry, Tourism and Investment (NWT)|
|MGP||Mackenzie Gas Project|
|MVEIRB||Mackenzie Valley Environmental Impact Review Board|
|MVLWB||Mackenzie Valley Land and Water Board|
|MVRMA||Mackenzie Valley Resource Management Act|
|NEB||National Energy Board|
|PAS||Protected Area Strategy|
|PW&S||Department of Public Works and Services (NWT)|
|RRC||Renewable Resources Council|
|RRRC||Regional Renewable Resources Committee|
|SAHS||Settlement Area Harvest Study|
|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. The Sahtu Dene and Metis Land Claim Settlement Act came into effect on June 23, 1994.
The Agreement provides for the negotiation of self-government agreements that will be brought into effect through federal and/or territorial legislation. Three communities are at various stages of negotiating self-government agreements.
- On September 6, 2005 the 12th anniversary of the Agreement, the Sahtu Secretariat Incorporated (SSI) received a capital transfer payment of $8,300,094 after negotiation loans were deducted, and was paid $1,324,731 in resource royalties for the year. On September 6, 2006 the 13th anniversary of the Agreement, the SSI received a capital transfer payment of $6,640,076 and a payment of $649,495 in resource royalties.
- The first NWT Environmental Audit was completed in December 2005 and publicly released in June 2006. Significant work, such as reviewing, addressing and responding to the 50 recommendations provided in the audit report was achieved by the NWT Cumulative Impact Monitoring Program and Audit Working Group (CIMPWG) in 2006-2007.
- Work continued on strategies and priorities for the implementation of the economic measures chapters of the Gwich'in and Sahtu land claim agreements. In September 2005, the parties agreed to undertake a strategic planning exercise to develop a focused approach for measuring and reporting on the effectiveness of programs related to the economic measures objectives of the Gwich'in and Sahtu final agreements.
- The regulatory hearings for the Mackenzie Gas Project got underway in 2005-2006. Both the National Energy Board (NEB) and the Joint Review Panel (JRP) held a number of hearings in various communities in the Northwest Territories and Alberta.
- The Mackenzie Valley Environmental Impact Review Board (MVEIRB) published Guidelines for Incorporating Traditional Knowledge in Environmental Impact Assessment in 2005-2006. The Guidelines are a first of their kind in Canada. In 2006-2007, the Board published Socio-Economic Impact Assessment Guidelines. The Board also produced a condensed overview of the Environmental Impact Assessment Guidelines.
- A comprehensive and detailed management plan for the Great Bear Lake watershed lying within the Sahtu Settlement Area (SSA) was completed. This work, over three years, involved many government and non-government experts, along with community representatives and elders.
3. Specific Issues
3.1 Economic Measures
Chapter 12 of the Agreement requires the governments of Canada and the Northwest Territories to meet with the Sahtu Secretariat Incorporated (SSI) at least once every three years to review the effectiveness of programs relating to Sahtu economic self-sufficiency, and efforts to strengthen and maintain the traditional Sahtu economy.
In December 2004, government, Sahtu and Gwich'in representatives met to discuss the effectiveness of the Economic Measures Review meeting and agreed that the reporting mechanisms needed improvement. Various approaches to achieving this were discussed by the representatives.
It was agreed that a complete list of economic development programs would be beneficial as beneficiaries might not be aware of, or know how to apply for, certain programs. Participants from the governments of Canada and the Northwest Territories circulated program information including eligibility and contact information for the Sahtu. The parties further agreed to prepare a work plan and continue working on improved reporting to better measure how economic development programs assist beneficiaries with respect to the economic measures objectives, with the initial focus on the Gwich'in agreement.
In September 2005, the parties agreed to undertake a strategic planning exercise with the assistance of a contractor to develop a focused approach to measuring and reporting on the effectiveness of programs related to the economic measures objectives of the Gwich'in and Sahtu final agreements. The parties decided to begin by focusing on the Gwich'in agreement.
In February 2006, the contractor met with federal, Northwest Territories and Gwich'in representatives to discuss the economic measures chapter of the Gwich'in Final Agreement. If the parties deem the Gwich'in project a success, the contract could be extended to include a similar Sahtu review.
Representatives of the Gwich'in and the governments of the Northwest Territories and Canada met in April 2006 to discuss the contractor's report with the Sahtu in attendance as observers. Agreement was reached on several tasks.
- Canada agreed to educate federal departments on Gwich'in Final Agreement obligations focusing on contracting obligations.
- The Gwich'in Tribal Council agreed to educate Gwich'in communities on Final Agreement obligations and government contracting policies.
- The Government of the Northwest Territories agreed to provide the Gwich'in Tribal Council with a listing of its programs and training opportunities, as well as specific information on adult education upgrading.
The majority of projects for ssessment will consider the potential effect of the project on the environment and on the social, cultural and economic well -being of the residents and communities affected.
To date, the Government of the Northwest Territories has provided the Gwich'in Tribal Council with a listing of its programs and training opportunities as well as information regarding adult education upgrading.
The parties continue to work collaboratively on completing the tasks agreed to at the April 2006 meeting. The next planned meeting is in November 2007.
3.2 Mackenzie Gas Project
A consortium of four gas producers (Imperial, ConocoPhillips, ExxonMobil and Shell) with gas holdings in the Mackenzie Delta, in partnership with the Aboriginal Pipeline Group (APG), proposed the construction of a stand-alone 1,400 kilometre natural gas pipeline. This line would have an initial capacity of 1.2 billion cubic feet per day (bcf/day) with the potential to increase capacity to 1.9 bcf/ day. The Mackenzie Gas Project (MGP) includes natural gas development in the Mackenzie Delta, gathering lines, processing facilities and pipeline facilities to transport the gas south through the Mackenzie Valley to northern Alberta. The facilities would connect to the Nova Gas Transmission System and the associated commercial natural gas market, known as the NOVA Inventory Transfer near the Northwest Territories–Alberta border.
In October 2004, the MGP filed the project's environmental impact statement for review by the Joint Review Panel (JRP). The project proponents also filed the major regulatory applications for all parts of the project with the National Energy Board (NEB). Filing these applications initiated the formal environmental assessment and regulatory review of the project.
The JRP has been conducting the assessment. The Panel consists of seven members selected by the Mackenzie Valley Environmental Impact Review Board (MVEIRB), Inuvialuit Game Council and federal Minister of the Environment. The regulatory hearing began in 2005-2006 with hearings in various communities. In 2006, the federal government confirmed its commitment to achieving progress on process issues. Under the Mackenzie Gas Project Impacts Act, funding was made available in 2006-2007. The environmental impact assessment will consider the potential effect of the project on the environment and on the social, cultural and economic well-being of the residents and communities affected.
4. Implementation Committee
The Implementation Committee consists of three senior officials representing each of the parties involved in the Agreement. In 2005-2007, John Tutcho represented the Sahtu Secretariat incorporated (SSI); the Government of the Northwest Territories was represented first by Mark Warren who was succeeded by Jake Heron; and Mavis Dellert, Director, Implementation Management Directorate, INAC, was represented by Allan Burnside, A/Director for the latter part of 2006-2007.
As provided for in section 29.2 of the Agreement, the Implementation Committee:
- oversees and monitors the implementation of the Agreement and the Implementation Plan;
- addresses disputes between the parties;
- prepares a public annual report on the implementation of the Agreement; and
- adjusts the schedule for carrying out implementation activities, reallocating implementation resources and amending the Implementation Plan as required.
The Committee also oversees the nominations and appointments process for boards established under the Agreement.
The Committee met six times during the reporting period in Yellowknife, Colville Lake, Norman Wells, NT and Gatineau, QC.
The Implementation Committee continued work on amendments to the land claim agreement and held discussions concerning the implications of selfgovernment agreements for the implementation of the Sahtu Dene and Metis Comprehensive Land Claim Agreement. It also reallocated funds among the implementing bodies and revising Annex B of the Implementation Plan as required.
The Committee also discussed the concerns of Sahtu Secretariat Incorporated, the Gwich'in Tribal Council and the Government of the Northwest Territories regarding the length of time appointments take, and the Auditor General's report and recommendations.
The Implementation Plan Renewal Working Group met to review and confirm technical corrections to the Implementation Plan before sending the Plan to the Implementation Committee for approval.
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, time frame and method for the establishment of each body are specified in the Agreement and Implementation Plan. Current membership of these implementing bodies, excluding the RRCs, is listed in Appendix 1.
The Sahtu Secretariat Incorporated (SSI) took over the responsibility of the Agreement's enrolment function on June 18, 1999 and completed the Ancestral Project in December 2003. Now the SSI has an extensive database to assist in determining eligibility for enrolment. The Board of Directors appointed seven community representatives to meet twice annually to review and evaluate the eligibility of individuals who apply for enrolment as per Chapter 4 of the Agreement.
5.2 Arbitration Panel
During the period of 2005-2007, the Panel had one issue before them. The Arbitration Panel reviewed the submission and have attempted to engage the parties involved.
5.3 Sahtu Renewable Resources Board (SRRB)
The SRRB is the main instrument of wildlife management in the Sahtu Settlement Area (SSA). It is the responsibility of the SRRB and all other affected parties to unite to protect, conserve and manage, in a cooperative spirit, all renewable resources within the Settlement Area in a sustainable manner to meet or exceed the needs of the public today and in the future. The SRRB is a regional public co-management board, thereby representing beneficiary as well as non-beneficiary and non-Aboriginal populations of the SSA.
The SRRB continued to implement its objectives and goals as laid out in 1995. The Board and staff continued to develop and expand their close cooperative working relationship with the Renewable Resources Councils (RRCs), regional and territorial co-management boards, territorial and federal governments and private agencies.
The Bluenose Caribou Herd Advisory Committee, consisting of the SRRB and the other wildlife management boards in the Northwest Territories and Nunavut, met in July and December 2006 to develop strategies to address declines in the barren-ground caribou herds and discuss other management issues common to all the boards. In August of 2005 and 2006, the Board provided funding for two Tulita youth to participate in the Willow Lake Duck Banding project.
In January 2006, the SRRB and NWT Department of Environmental and Natural Resources (ENR) staff travelled throughout the region to present current conservation education and wildlife management, research and monitoring projects. Wildlife veterinarians accompanied the group to discuss community wildlife monitoring and the collection of biological samples.
The SRRB participated in the Learning Communities Network's Coastal Zones Conference in Tuktoyaktuk in August 2006. The Learning Communities Network, of which the SRRB is a member, was established to empower communities and embrace indigenous stewardship through shared experiences and values, and create opportunities for collective action. The SRRB also continues its support of Protected Areas Strategy initiatives for the Fort Good Hope, Deline and Tulita districts.
The Regional Renewable Resources Committee (RRRC), consisting of representatives of the five community-based RRCs continued to assist with wildlife management issues common to the five communities. The RRRC met in September 2005 and February 2006 to address concerns and make recommendations about declines in the Bluenose East and West barren-ground caribou herds. In November 2006, a Sahtu RRC member and the renewable resource communications officer met with Gwich'in community RRCs and Inuvialuit hunters and trappers associations to discuss barrenground caribou and how to minimize the effects of the declines. The RRRC met in September 2006 to update members on recent community activities and in February 2007 to prioritize funding proposals submitted to the SRRB. In addition, RRCs are involved with research projects managed by the SRRB and outside agencies.
Wildlife veterinarians accompanied the group to discuss community wildlife monitoring and the collection of biological samples.
The Great Bear Lake Working Group was created to establish a special management regime for Great Bear Lake and its watershed. The draft management plan was finalized in January 2006 and forwarded to the Sahtu Land Use Planning Board (SLUPB) for review and inclusion in the Sahtu Land Use Plan.
Consultation work continued between the SRRB and government agencies on matters dealing with the new species at risk act, environmental assessment and the decline of the Bluenose East and West barren-ground caribou herds. In February 2006, the Board provided recommendations to the Government of the Northwest Territories for the herds, including setting voluntary allowable harvests and the temporary closure of commercial, residential and sport hunt harvests. In December 2006, the Board provided further recommendations to the Government of the Northwest Territories.
The Board continued to exercise its responsibilities related to environmental assessment through consultation with industrial and environmental experts throughout the year. The Board also made a presentation at the Joint Review Panel hearings in August 2006.
Eight research projects, with costs totalling $227,000 in 2005-2006 and $210,000 in 2006-2007 were carried out. The majority of projects for which funds were provided involved outside agencies. Studies included research on woodland and barren-ground caribou, moose, fish, a geographic information system (GIS) and traditional knowledge. These studies focused on distribution and migration patterns, population size, reproduction and survival rates, wildlife health and forage fish health, and Dene knowledge and laws. Research studies for the Mackenzie Mountain Woodland Caribou Project, initiated by the SRRB, continued under the supervision of the ENR-Sahtu regional office. Satellite information received throughout the year was used to produce monthly maps of caribou movements. The SRRB completed a pilot study, along with Deline First Nations to document Dene rules for respecting the land. The Board plans to continue this work in other Sahtu communities and to use Dene laws to develop culturally relevant resource management and traditional knowledge policies.
In November and December 2006, the renewable resource communications officer and executive director met with all junior and senior high school students to discuss and make recommendations about barren-ground caribou declines.
In 2005-2006, the SRRB's renewable resource communications officer focused on emphasizing the importance of conservation education in community schools and organizations. The officer developed and implemented several projects in the school system. Program highlights included Deline Aboriginal Traditional Studies, the Fort Good Hope On-the-Land Program, Colville Lake Takea- Kid Trapping Program, the Tulita moose hunt and the science fair mentor and judge program. The Bosworth Creek Monitoring Project, initiated by the renewable resource communications officer, in conjunction with students from Norman Wells, provided an opportunity to learn about restoration in a northern ecosystem and monitor environmental rebound following industrial impact at a micro-level. It also provided unparalleled educational prospects for Sahtu students. This project will continue over a five-year period.
In November and December 2006, the renewable resource communications officer and executive director met with all junior and senior high school students to discuss and make recommendations about barren-ground caribou declines.
Sahtu Settlement Area Harvest Study
The Settlement Area Harvest Study (SAHS) was originally a five-year initiative to record all wildlife harvesting activity by Sahtu beneficiaries and protect Sahtu Dene and Metis harvesting traditions. It provided background data to help establish a minimum-needs level for each species. In light of recent hydrocarbon exploration and development, the SRRB collected subsistence harvest data from all Sahtu communities until December 2005 to aid in assessment, mitigation and monitoring activities through all the hydrocarbon development stages. Database software designed to capture non-confidential information from the harvester interviews will assist in the final analysis of data.
5.4 Sahtu Land and Water Board (SLWB)
The SLWB regulates land and water use throughout the Sahtu Settlement Area. In 2005-2006, the SLWB received and processed 15 Type A land use permit applications, one application for a Type A water licence and 5 applications for Type B water licences. There were two final plans received concerning land use permits and one letter of clearance issued. Two of the land use and the one water licence permit application were for the Mackenzie Gas Project (MGP) in the Sahtu region. There was a noticeable increase in land use applications received (six) for exploration taking place close to Yukon on the western boundary and to the east of Great Bear Lake.
Significant achievements in 2005-2006 included granting an extension in April for the Tulita municipal water licence, followed by a 10-year renewal of the licence in October. Summer work involving heli-portable seismic exploration for oil and gas was approved with a permit and licence issued in July. This was followed by a number of assignments of permits and licences from one operating company to another. One new land use permit was issued for mining exploration near Echo Bay on Great Bear Lake.
In 2006-2007, the Board received and processed 16 Type A land use permit applications and six Type B water licence applications. One final plan concerned land use permits; no letters of clearance were issued. A significant number of land use permit extensions and water licence renewals were approved for various oil and gas companies seeking to prolong their drilling and seismic exploration. Development emphasis shifted noticeably in 2006- 2007 as 10 of the 16 land use permits were for mineral exploration or mining remediation. Water licences approved in 2006-2007 included a licence for bridge construction over the Great Bear River at Tulita, and for a water in-take line and treatment plant to be constructed at in Colville Lake. A land use permit was issued for mining remediation at Port Radium on Great Bear Lake, in connection with the clean-up of the old uranium mining sites.
In 2005-2006, professional development for staff in northern oil and gas environmental issues, GIS software and mine reclamation was limited because of budget constraints. Professional development for Board members in oil and gas production equipment and pipeline issues also did not take place because of budget restraints. However, staff did receive training in group health administration.
In 2006-2007, staff took part in professional development in GIS, the mining industry, uranium mining and exploration, and drill waste management. Board members received professional development related to the mining industry, uranium mining and exploration, environmental assessment and administrative law. Board members also benefited by attending courses and workshops as part of the Integrated Training Program for Northern Boards sponsored by INAC.
Water licences approved in 2006-2007 included a licence for bridge construction over the Great Bear River at Tulita, and for a water in-take line and treatment plant to be constructed at in Colville Lake.
The annual technical training session for representatives from land corporations, local governments, RRCs and the MVEIRB took place in both fiscal years. Public information presentations were made to Sahtu organizations, schools, government and industry.
The Board continued to participate in meetings with the Mackenzie Valley Land and Water Board (MVLWB) and Gwich'in Land and Water Board to coordinate regulatory matters related to permits and licenses for the Northern Gas Pipeline Project through the Northwest Territories. The Board also contributed by sharing experience and advice at two committee meetings designed to achieve new by-laws and policy directives for the MVLWB.
During the summer of 2005, Board staff made site visits to some local governments in the region to become familiar with the water license infrastructure, including surveillance network stations. Time was also spent with municipal personnel to better inform them about compliance and reporting requirements associated with their water licenses. Staff also participated in a field trip to Port Radium on Echo Bay at the request, and with the financial support of the Contaminants and Remediation Directorate of Indian and Northern Affairs Canada. This familiarization will be useful in anticipation of applications for permits and licenses associated with clean-up of the old uranium site.
Significant progress has been made in the administration of water licenses, particularly in reporting compliance, site familiarization with physical infrastructure, and training of municipal staff. New terms and conditions are also evolving for sewage treatment at campsites related to oil and gas development, in particular, the use of portable treatment plants. More stringent conditions related to drill waste disposal and alternatives to the use of drilling waste sumps are being written into water licenses.
5.5 Sahtu Land Use Planning Board (SLUPB)
Under the Mackenzie Valley Resource Management Act (MVRMA), the SLUPB is tasked with developing and implementing a land use plan for all lands outside of municipal boundaries in the Sahtu Settlement Area.
The SLUPB has been working to:
- prepare a draft Sahtu land use plan;
- facilitate peoples' understanding of land use planning;
- ensure that the interests of all parties are considered; and
- build strong, effective partnerships.
During April, May and June 2005, the Board consulted with industry and each of the five Sahtu communities and sought input from members of the Canadian Association of Petroleum Producers and numerous mineral development companies. Sahtu community members were engaged in a variety of ways including workshops and individual meetings with elders and community organizations. These consultations provided further information for the Sahtu Land Use Plan and continued in 2006-2007.
Delays in filling the position of planner/executive director postponed the anticipated completion of the first draft land use plan. One major obstacle to completing the land use plan was the adequacy of the budget. In December 2005, the executive director and the advisor met with INAC officials who indicated that more support for the Board would be forthcoming if another iteration of the draft plan could be completed by March 31, 2006. Consequently, the Board altered its work plan for the January to March period of 2006. The original intention was to conduct community consultations in Colville Lake, Tulita and Deline. Instead the executive director spent January and February at Olds College in Olds Alberta working with the advisor on writing the next iteration of the plan.
The first draft of the Plan was completed in February 2007. Feedback from Sahtu stakeholders will assist the Board as it works toward the completion of the second draft.
Staffing and staff housing remained serious issues for the Board's Fort Good Hope office. In September 2005, the Board's office manager resigned. The position was advertised; however due to the unavailability of housing in the community, a qualified person could not be hired. As a result, some financial functions had to be contracted out. The executive director was the only staff person in the office until December 2005.
From February to July 2006, the Board did not have quorum as the only SSI member of the Board became unavailable to attend meetings. As a result, the first formal meeting for the 2006-2007 fiscal year did not take place until September 2006. Three more formal Board meetings took place in the remainder of the year.
Draft Sahtu Land Use Plan
The Board set the objective of completing the Sahtu Land Use Plan by December 2007.
The process taken by the Board in crafting its strategies for completing the land use plan included:
- an environmental scan to establish factors that members feel positively or negatively affect the Sahtu Settlement Area;
- establishing values for the Sahtu Settlement Area and the completion of the plan;
- determining a vision for achieving those values are to be achieved;
- putting together an implementation strategy with identified budget implications to realize the vision; and
- finalizing a budget to implement the strategy.
Staffing and staff housing remained serious issues for the Board's Fort Good Hope office. In September 2005, the Board's office manager resigned. The position was advertised; however due to the unavailability of housing in the community, a qualified person could not be hired.
Great Bear Lake Watershed Management Plan
A comprehensive and detailed management plan for the Great Bear Lake watershed lying within the Sahtu Settlement Area was completed. This work, over three years, involved many government and non-government experts, community representatives and elders. The SLUPB participated in this process and will use portions of the plan in the Sahtu Land Use Plan.
5.6 Mackenzie Valley Environmental Impact Review Board (MVEIRB)
The MVEIRB is mandated by the Gwich'in and Sahtu final agreements and the MVRMA to conduct environmental assessments and reviews of development projects in the Mackenzie Valley. The Board ensures that environmental impacts, and the concerns of Aboriginal people and other members of the public, are considered carefully during the environmental impact assessment of proposed developments.
The Review Board received 79 preliminary screening notifications in 2005-2006. Land and water boards conducted most of the preliminary screenings with the MVLWB conducting 60 percent of these. (Thirteen screenings were conducted by the Sahtu Land and Water Board.) In 2006-2007, the Review Board received 87 notifications for preliminary screenings. An additional seven notifications were for activities that did not require a preliminary screening.
Environmental Assessments in Progress
- EA0506-004: Tyhee NWT Corporation – Yellowknife Gold Project: The developers want to establish a 1,500 tonnes/day underground gold mine with an operating life of eight years. The environmental assessment remains in its initial stages while the developer examines options and the feasibility of moving from an underground mine to an open pit mine.
- EA0506-005: Consolidated Goldwin Ventures – Drybones Exploratory Drilling: Noting public concerns, the MVEIRB ordered an environmental assessment for this proposed diamond-exploration development in September 2005. Public hearings were scheduled for Yellowknife in April 2007.
- EA0506-006: Sidon International Resources Corporation – Exploratory Drilling at Defeat Lake: Noting public concerns, the MVEIRB ordered an environmental assessment for this proposed diamond exploration development in September 2005. Public hearings were scheduled for Yellowknife in April 2007.
- EA0607 – 002: Tamerlane Ventures Inc. – Pine Point Pilot Project: In June 2006, Environment Canada determined that this proposed development might have significant adverse environmental impacts and referred the development to an environmental assessment. As of March 31, 2007, the Board was still waiting on additional information from the developer.
- EA0607 – 003: UR Energy Inc. – Screech Lake: In September 2006, the MVLWB noted public concerns and referred this proposed uranium-exploration development to an environmental assessment. A community hearing took place in Lutsel K'e in January 2007 and the public record closed at the end of February 2007. As of March 31, 2007, the Review Board had not yet issued its report of environmental assessment.
Completed Environmental Assessments
- EA0506-008: De Beers Canada Mining Ltd – Gahcho Kué Diamond Mine: Environment Canada referred this proposed development's land-use permit and water-licence application to the Review Board for an environmental assessment in December 2005. In June 2006, the Review Board completed its environmental assessment and ordered an environmental impact review. In July 2006, DeBeers applied to the Supreme Court of the Northwest Territories for a judicial review. The hearing took place in November 2006 and the Supreme Court subsequently upheld the Review Board's decision.
- EA0405-002: Canadian Zinc Corporation – Prairie Cree Phase III Exploration Drilling: The Board completed its report in December 2005 and the Minister accepted the report in February 2006.
- EA03-003: North American General Resources Corporation – Wool Bay Exploration Drilling: The MVEIRB submitted its report to the Minister in February 2004 and it was accepted with final revisions in April 2005.
- EA03-004: New Shoshoni Ventures – Drybones Bay Mineral Exploration: The Board recommended the rejection of this development in its final report to the Minister in February 2004. The Minister accepted the Board's recommendation in April 2006.
Completed Environmental Assessments Waiting for Ministerial Approval
- EA0506-007: Paramount Resources Ltd – SDL 8/2-D Geophysical Program: Paramount's proposed geophysical exploration for oil and gas would take place between Cameron Hills and Highway 1 north of the Northwest Territories–Alberta border. The Ka'a' Gee Tu First Nation wrote to INAC requesting an environmental assessment. The Board submitted its report to the Minister in November 2006. As of March 31, 2007, a decision was still pending.
- EA03-009: Imperial Oil Ventures Ltd. Deh Cho Geotechnical Program: The Review Board submitted its report to the Minister in February 2005. The federal and responsible ministers initiated a consultation process with the Review Board in June 2005, which was still ongoing in March 2007.
Cancelled Environmental Assessments
- EA0506-001: Alberta Star – Uranium Exploration, MacInnis Lake
- EA0506-002: Wyn Developments – Mineral Exploration (North of Sachowia Point)
- EA0506-003: Ur Energy – Uranium Exploration Thelon Basin (Screech Lake)
- EA0607- 001: Miramar Con Mine – Amendment to Existing Water Licence: In April 2006, The City of Yellowknife referred the development to an environmental assessment. The Board ruled it had no authority to conduct an environmental assessment.
The Review Board is paying for one third of the Panel's budget with the Canadian Environmental Assessment Agency recovering the remaining two thirds from the proponent, Imperial Oil Resources Ventures Limited.
Environmental Impact Reviews
- EIR0405-001: Imperial Oil Resources Ventures Ltd. – Mackenzie Gas Project: The Review Board established the Joint Review Panel, in cooperation with the federal Minister of the Environment and the Inuvialuit Game Council, to review the proposed Mackenzie Gas Project. The formal review began in 2005-2006 with hearings and deliberations continuing throughout 2006-2007. The Review Board is paying for one third of the Panel's budget with the Canadian Environmental Assessment Agency recovering the remaining two thirds from the proponent, Imperial Oil Resources Ventures Limited.
- EIR0607-001: De Beers Canada Mining Ltd – Gahcho Kué Diamond Mine: In June 2006, the Review Board completed its environmental assessment report in which it ordered this proposed development to an environmental impact review. In July 2006, De Beers applied to the Supreme Court of the Northwest Territories for a judicial review of the order. The Supreme Court subsequently upheld the Review Board's order for an environmental impact review.
The theme of "Do Early Work" was chosen to encourage early and active engagement from developers and others involved in assessing proposed developments. The goal is to prevent backlogs later in the process.
Promote the Review Board's Mandate: The Board continues to have ongoing discussions and dialogue with INAC to clarify roles and responsibilities related to consultation during an environmental impact assessment.
The Board attended six annual assemblies of Aboriginal organizations and six trade shows and conferences to promote its roles, responsibilities and achievements. The Board was also represented at the Tulita Unity Accord celebrations in February 2007.The Board published an article for general distribution to raise awareness among residents of the Mackenzie Valley about the Board and how it came to be; particularly, how the MVRMA arose from Aboriginal land claim negotiations.
Improve Environmental Impact Assessment Processes, Procedures and Reporting: Stakeholders told the Board that its processes should consider a project's physical magnitude more carefully. For example, does an exploration project warrant the same level of environmental assessment as a full-time mine? During recent environmental assessments, the Board has been more sensitive to those concerns. However, the Board maintains that the magnitude of public concern rather than the proposed development's physical size and scope must inform and guide the assessment process. In 2005-2006, the Board developed a more detailed preliminary approach to scoping issues. The Board now uses this approach in the early stages of an environmental assessment.
In 2006-2007, the Board hosted its fourth Environmental Impact Assessment Practitioners workshop in Yellowknife. The theme of "Do Early Work" was chosen to encourage early and active engagement from developers and others involved in assessing proposed developments. The goal is to prevent backlogs later in the process. About 140 participants attended from various resource management boards, Aboriginal organizations, federal and territorial governments, communities, non-government organizations, consultants and developers.
The Board published Guidelines for Incorporating Traditional Knowledge in Environmental Impact Assessment in 2005-2006. The Guidelines are a first of their kind in Canada. In 2006-2007, the Board published Socio-Economic Impact Assessment Guidelines. The guidelines resulted from an intensive and thorough consultation period with residents of the Northwest Territories with more than 30 representatives from industry, government, Aboriginal and non-governmental organizations participating in the meetings. The Board also produced a condensed overview of the Environmental Impact Assessment Guidelines.
Stakeholder capacity requirements, including those of government were also identified to INAC. The Board highlighted the need for participant funding, and for monitoring, reporting and evaluating measures recommended in reports of environmental assessment. There is also the need to streamline the process after a report of environmental assessment has been issued and for direction and resources to implement regional land use plans to guide developers and assist in the environmental impact assessment process.
Strengthen Relationships: The Review Board renewed and signed a memorandum of cooperation with the National Energy Board and received approval from the NWT Board Forum to include the National Energy Board in future Forum meetings. The Board also continued to forge good transboundary working relationships with neighbouring jurisdictions. A memorandum of cooperation was signed with the Inuvialuit Settlement Region's Environmental Impact Review Board and Environmental Impact Screening Committee. A cooperation agreement was also signed with the new Yukon Socio-economic and Environmental Assessment Board and initial discussions were held with Alberta Environment on a relations document and memorandum of understanding document as well as with the Canadian Environmental Assessment Agency should joint assessment of transboundary projects become necessary.
In addition to attending annual First Nations Assemblies, Board members and staff met with Aboriginal leaders and residents in 13 communities to improve relationships and the public's understanding of Board operations. These discussions took place in concert with community meetings about assessing the social and economic impacts of proposed developments.
Increase Participation in the Environmental Assessment Process and Promote Community Participation: Review Board members and staff began an extensive two-month community tour in September 2005 to discuss socio-economic impact assessment. More than 50 meetings with about 350 people took place in 13 communities. The focus was on front-line workers — those dealing with the social, economic and cultural impacts of development. The Board summarized what it heard on the tour in a report that also includes valuable information about the communities in the Mackenzie Valley.
Board staff continued to deliver educational presentations to school and government organizations. In 2005-2006, discussions were also initiated with the NWT Department of Education, Culture and Employment to examine how the northern studies curriculum could include information about environmental impact assessments.
Goals of the annual interpreters/translators workshops initiatives were to train translators and develop standard socio-economic impact assessment terminology for the five main Aboriginal languages in the Mackenzie Valley. The workshops focus on translating terminology associated with the oil and gas industry, the mining industry, the environmental impact assessment process, scientific research and study, and conservation. In February 2006, the Board published the Glossary of Terms Manual, a broad collection of terms for the majority of the Northwest Territories' Aboriginal languages. The terms had been developed at the Board's interpreter/translator workshops. In 2006-2007, 17 translators and seven elders participated in seven workshops in five different communities. A minimum of 80 words were translated at each workshop. The Government of the Northwest Territories Health and Social Services co-sponsored the 2006-2007 workshop.
The Review Board is taking steps to ensure its proceedings are available to a wide audience. In January 2006, the Board launched its new, more user-friendly Web site. In 2006-2007, the Review Board used Web broadcasting and phone-in capabilities at a hearing held in Lutsel K'e. The Review Board also set up a toll-free number to assist northerners living in Nunavut, the Northwest Territories and Yukon in contacting the Review Board. (1 866-912-3472).
Review Board staff participated in a leadership role in the Board Forum communications working group. In 2006-2007, the working group developed a concept for a Web site communications portal for stakeholders, the public and Review Board members to access relevant information about the environmental impact assessment process and the regulatory system in the Northwest Territories.
6. Sahtu Secretariat Incorporated
The Sahtu Secretariat Incorporated (SSI) was formed by the seven Sahtu Land Corporations on June 23, 1994, with the enactment of the Sahtu Dene and Metis Comprehensive Land Claims Settlement Act
The Sahtu Secretariat Incorporated is mandated to:
- provide information that would assist participants to negotiate and enter into arrangements with industry, and 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 participants with specific reference to the implementation of the Agreement;
- coordinate educational activities or other activities related to the environmental impact on the lands, air, waters and health of the residents of the Sahtu Settlement Area (SSA);
- coordinate discussions with industry and government whose activities or decisions affect the environment in a manner that adversely affects the interest of the residents of the SSA; and
- 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 that relate to the environmental or economic interests and concerns of its members.
The SSI participates in the implementation of the Agreement with the Governments of Canada and the Northwest Territories by the appointment of a member to the Sahtu Implementation Committee in accordance with Chapter 29 of the Agreement. The Implementation Committee is a three-person committee of senior officials, one designated by each of the Government of Canada the Government of the Northwest Territories and the SSI. The Implementation Committee operates on a consensus basis with responsibilities to:
- oversee and provide direction to guide the implementation of the Agreement;
- monitor the status of the implementation plan;
- when it deems necessary, revise the schedule of activities, reallocate resources and amend the implementation plan;
- provide the Minister of Indian Affairs and Northern Development, the Government Leader of the Northwest Territories and the SSI with an annual report made available to the public on the implementation of the Agreement;
- make recommendations for the implementation of the Agreement including the role of the Implementation Committee; and
- attempt to resolve implementation disputes arising between the parties. Unresolved disputes are to be resolved pursuant to arbitration under Chapter 6 of the Agreement.
As of March 31, 2006, the SSI Board of Directors consisted of the following members:
Larry Tourangeau, Chair
Joseph Kochon, Vice-Chair
Eddy MacPherson Jr.
As of March 31, 2007, the SSI Board of Directors consisted of the following members:
Larry Tourangeau, Chair
Joseph Kochon, Vice-Chair
The head office is located in the Chief George Kodakin Building in the community of Deline. The building also houses the Sahtu Dene Council. The Board held four meetings per year with the annual general meeting that year in Colville Lake in August 2005 and Deline in August 2006. In addition to any other business that may be transacted, the Board reviews the report of the directors, the financial statements and the report of the auditor, and appoints an auditor for the upcoming year. The annual general meeting also provides a forum for members to discuss all issues and concerns relating to the Agreement and its implementation. At the invitation of the SSI, territorial and federal government officials may also be requested to make a presentation to the assembly.
6.1 Sahtu Enrolment Board
Pursuant to Chapter 4 of the Agreement, the SSI is responsible for the costs and appointment of a seven-person enrolment board with one person representing each of the seven Land Corporations in the Sahtu. Since 2006 to 2007, the Sahtu Enrolment Board consisted of the following members:
Responsibilities of the Board include
- accept applications and signed consent for enrolment;
- establish the Enrolment Registry and enter the names of each person eligible to be enrolled;
- maintain the Enrolment Registry;
- maintain a record of applications for which enrolment was rejected;
- remove from the Enrolment Register names of persons who are not minors who notify the Board in writing that their name is to be removed and names of minors whose parents or guardian notify the Board the minor's name is to be removed from the Register;
- publish the Enrolment Register at least once a year;
- periodically review and make changes to its own procedures and rules of evidence which shall be in accordance with the rules of natural justice;
- notify each applicant whose name has not been entered in the Enrolment Register of the reasons for the decision to refuse enrolment and of that applicant's right to appeal any decision with respect to enrolment; and
- prepare and provide each participant with proof of enrolment under the Agreement.
The Board conducts meetings at least twice annually in the Sahtu to review and approve or decline applications for enrolment pursuant to Chapter 4 of the Sahtu Dene Metis Land Claim Agreement. In 2005-2006, the Board held three meetings. In 2006-2007, the Board realized it required additional funding to deal with the increasing demand for enrolment cards.
6.2 Amendments to the Sahtu Dene Metis Comprehensive Land Claim Agreement
The Agreement defines a Sahtu Dene, Sahtu Dene and Metis, Sahtu Dene or Metis or a Sahtu Metis as a person:
- of Slavey, Hare or Mountain ancestry who resided in, or used or occupied the Settlement Area on or before December 31, 1921, or a descendant of such person; or
- who was adopted as a minor by a person in (a) under the laws of any jurisdiction or under custom of the communities comprised by the persons in (a), or is a descendant of a person so adopted.
In August 2005, the SSI presented a request to the Implementation Committee to amend the Agreement to reflect concerns relating to eligibility of a person adopted under section (b) of this definition. As of March 31, 2006, this issue remained unresolved.
Economic Measures Review
Pursuant to Chapter 12 of the Agreement, the federal government meets with the SSI not less than once every three years to review the effectiveness of programs in the Sahtu relating to economic development.
In 2005-2006, the SSI began negotiations with the Government of the Northwest Territories to finalize a contracting Memorandum of Understanding in support of economic objectives relating to Chapter 12 of the Agreement. Negotiations were expected to be completed in 2006. Since the signing of the Memorandum of Understanding with the Government of the Northwest Territories in March, 2007, SSI staff has worked to complete a database to register all Sahtu businesses owned by a Sahtu beneficiary. A completed list will be provided to the Government of the Northwest Territories. The SSI will also be working to develop a policy to outline the Memorandum of Understanding for contracting within the Sahtu Settlement Area with the Government of the Northwest Territories.
6.3 Sahtu Trust
Under the provisions of the Sahtu Dene Metis Comprehensive Land Claim Agreement, the SSI was assigned the rights and obligations to the transfer payments and for the repayment of the land claim loans (Chapter 8). Sahtu Settlement Incorporated also received the first $3 million of resource royalty payments from the Government of Canada (Chapter 10).
The Sahtu Trust was created by a declaration of trust. The Trust was assigned Chapter 8 and Chapter 10 rights and obligations to the capital transfer payments and the repayment of the land claim loans. Sahtu Secretariat Incorporated is the trustee of the Sahtu Trust. The Trust has two classes of beneficiaries: individual beneficiaries (enrolled pursuant to Chapter 4 of the Sahtu Dene and Metis Land Claims Settlement Act) and institutional beneficiaries. The institutional beneficiaries include:
- Duhga Financial Corporation;
- Deline Financial Corporation;
- Fort Good Hope Metis Nation Local #54 Financial Corporation;
- Tulita Financial Corporation;
- Norman Wells Financial Corporation;
- Tulita Metis Financial Corporation; and
- Xahweguweh Financial Corporation.
On September 6th of each year, for 15 years ending in 2008, the federal government makes a payment as per Chapter 8 of the Agreement to the SSI, which is deposited into the Sahtu Trust. On September 6, 2005, pursuant to Chapter 8 obligations, the federal government paid the 12th payment of $9,634,851.04 less $1,334,756.60 for repayment of negotiation loans. On September 6, 2006; the 13th payment of $7,707,880.83 less $1,067,805.28 for repayment of negotiation loans was made to SSI.
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. The 12-month income of the Sahtu Trust to December 31, 2005 was $6,092,839 with a 10.5 percent rate of return for the year. As of December 31, 2006, the twelve month income was $6,811,987 with a 6.7 percent rate of return for the year. At the end of each fiscal year, the capital balance in the trust was $102 million.
6.4 Community Renewable Resources Councils
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. Five RRCs were active in the Sahtu Settlement Area at Colville Lake, Deline, Fort Good Hope, Tulita and Norman Wells.
The RRCs play a key role in the implementation of the Agreement by bringing community input to decisions made pursuant to the regulatory provisions of the Sahtu Dene and Metis Land Claims Settlement Act. To facilitate this process, the five Sahtu RRCs meet regularly and consult with their local land corporations and the SRRB to discuss developments in regulatory and policy regimes, and local hunting and trapping issues.
6.5 Mackenzie Gas Project (MGP)
Access to Sahtu land is required for the MGP. The Agreement provides for benefit plans and access provisions in the event of oil and gas development.
Title to all settlement lands outside of municipalities is vested to the district land corporations in the three districts of Deline, Tulita and K'ashsho Got'ine as defined in Chapter 19 of the Agreement. As such, the responsibility for the ownership and management of these lands rests with the three district land corporations on behalf of the land claim participants.
- The Deline Land Corporation holds title to all the land in the Deline district.
- In the Tulita district, title to settlement lands is held by the Tulita District Land Corporation, which consists of the Tulita Land Corporation, Fort Norman Metis Land Corporation and Norman Wells Land Corporation (Ernie McDonald Land Corporation).
- In the K'ahsho Got'ine district, title to settlement land is held by the K'ahsho Got'ine District Land Corporation, which consists of the Yamoga Land Corporation, Fort Good Hope Metis No. 54 Land Corporation and Ayoni Keh Land Corporation of Colville Lake.
The responsibility to enter into all access and benefits agreements rests with these land corporations. Under the MGP, however, the SSI was granted intervener status for both the National Energy Board and the Joint Review Panel hearings in 2006.
6.6 Land Administration
During 2005-2007, the SSI started to train a Sahtu participant as a land and resource manager to work with the Sahtu district land corporations. Through the manager, the SSI participates and consults with the district land corporations, the five Sahtu RRCs and the Sahtu co-management boards in matters relating to land and resources including:
- access and benefit agreements;
- harvester compensation;
- environmental monitoring;
- NWT species at risk legislation; and
- amendments to the MVRMA.
In October 2006, the SSI hosted an oil, gas and mineral symposium in Norman Wells. This was an opportunity for all Land Corporations and other organizations (such as industry and government) to come together and share information in regards to oil and gas and mineral activity in the Sahtu region. The symposium served to provide industry with improved knowledge of their requirements as per the Sahtu Dene & Metis Comprehensive Land Claim when proceeding with their activities, while communities gained an understanding of how they may participate in and benefit from the opportunities deriving from the exploration and pipeline activities occurring in the Sahtu region.
6.7 Norman Wells Proven Area – Chapter 9
Pursuant to Chapter 9 of the Sahtu Dene and Metis Land Claims Settlement Act, the Government of Canada must consult the SSI with respect to those matters to be discussed with Imperial Oil ESSO or other parties on any amendment, renegotiation or renewal of the Proven Area Agreement.
The Government of Canada and the SSI were to establish a joint committee to review current and future operations pursuant to the Proven Area Agreement. To satisfy this requirement, at least once a year, Canada, the SSI and Imperial Oil ESSO meet in Tulita, Fort Good Hope or Norman Wells. The 2005-2007 Chapter 9 meetings were held in Norman Wells in February 2006 and April 2007.
6.8 Amendment to the NWT Wildlife Act Regulations
During the year, the SSI participated in a legal and technical review of the proposed changes to the NWT Wildlife Act regulations and the proposed species at risk legislation. Input was obtained from the RRCs and communities, and consolidated by the Department of Environment and Natural Resources into a territorial report, which was then submitted for approval. Resources, Wildlife and Economic Development The process is ongoing.
6.9 Aboriginal Summit/Devolution
In the mid-1990s, the Aboriginal Summit was organized as a means of being involved in constitutional discussions and economic development issues. Later, the Summit became part of the Western Coalition, bringing an Aboriginal perspective to the division of the Northwest Territories. The Aboriginal Summit became the vehicle for Aboriginal participation in devolution, on a government-to-government-to-government basis with the governments of the Northwest Territories and Canada.
The Aboriginal Summit represents the coming together of the majority of regional Aboriginal government leaders across the Northwest Territories to work collaboratively on devolution negotiations and other common territory-wide issues where expressing members' views and solutions with one voice is important.
It is not a political body that represents NWT Aboriginal governments; rather, it is a forum for discussion on topics that affect all Aboriginal governments, and an instrument to make collective gains at the devolution table to benefit individual Aboriginal governments across the territory.
In January 2004, the Aboriginal governments and the Government of the Northwest Territories signed a road map for future negotiations, the Northwest Territories Lands and Resources Devolution Framework Agreement. The Summit, with the Government of the Northwest Territories, also signed a memorandum of intent on financing Aboriginal governments and forwarded it to the Government of Canada. Negotiations toward an agreement-in-principle continued throughout the period covered by this report and are expected to be an ongoing initiative.
6.10 Deline Self-Government Negotiations
The Sahtu Dene and Metis Comprehensive Land Claim Agreement provides for the negotiation of self-government agreements to be effected through federal and territorial legislation. Provisions relevant to self-government are contained in Chapter 5 and Appendix B of the Agreement. The Deline Land Corporation and the communities of Fort Good Hope and Tulita are negotiating a self-government agreement pursuant to Appendix B of the Agreement and the federal government's policy on Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government.
Deline signed an agreement-in-principle on June 16, 2003 and the parties continue to work toward finalizing negotiations on a self-government agreement. The communities of Fort Good Hope and Tulita remain in the early stages of their self-government negotiations.
7. Government of the Northwest Territories
The Government of the Northwest Territories (GNWT) performed various implementation activities pursuant to the Implementation Plan and related funding agreements as described in this section.
7.1 Aboriginal Affairs and Intergovernmental Relations
The Department of Aboriginal Affairs and Intergovernmental Relations (DAAIR) worked closely with the Sahtu Secretariat Incorporated (SSI), federal and other territorial officials, and the various implementing bodies of the Agreement. It coordinated GNWT implementation activities, prepared regular status reports for the Implementation Committee and the Northwest Territories government component of this annual report. A DAAIR official actively participated as the GNWT representative on the Implementation Committee dealing with issues, such as economic measures, board appointments, board funding requests, communications and the reallocation of implementation funds.
In accordance with Chapter 5 and Appendix B of the Agreement, DAAIR participated in the Deline, Norman Wells and Tulita self-government negotiations.
7.2 Department of Municipal and Community Affairs
Municipal and Community Affairs processed royalty payments to the SSI based on GNWT sand and gravel sales. Payment was processed in April 2007 for the entire fiscal year.
Solicitations for the property tax rebate program for Sahtu citizens leasing Sahtu municipal lands was expanded to include the local band governments in addition to the SSI. One qualified application was received and processed before the March 31, 2007 deadline.
7.3 Department of Environment and Natural Resources
The Department of Environment and Natural Resources (ENR) promotes and supports the sustainable use and development of natural resources and protects, conserves and enhances the NWT environment for the social and economic benefit of all NWT residents. In managing natural resources and the environment, ENR performs various implementation activities.
The Department continued to meet its obligations through ongoing consultation with the SSI, the Sahtu Renewable Resources Board (SRRB), the Sahtu Land Use Planning Board (SLUPB) and the Sahtu Land and Water Board (SLWB). The Department promotes, assists and advises these organizations on wildlife and forest management, and resource development issues.
The Department contributed to three education projects in the Sahtu Settlement Area: the Bosworth Creek Program, the Deline Back to the Land and the Aurora College Environmental Monitoring Program.
The Department supports the economic viability of sustainable resources within the Sahtu Settlement Area, and continues its work in the areas of forest fire prevention, detection, monitoring and fire suppression activities through various training opportunities. All forest fire crews were contacted through local Sahtu community organizations.
NWT Wildlife Act
Consultations continued with various Sahtu organizations on the development of changes to the NWT Wildlife Act and new species at risk legislation, with a focus on integration of provisions from the land claim agreements.
Research and Management Projects
The Department continued to work closely with the SRRB and SLUPB on several joint research and management projects, such as the Bluenose east and west caribou populations and photo censuses for 2006 and 2007.
Environment and Natural Resources and the community of Tulita continue to work together to ensure compliance with an international agreement between themselves, U.S. Fish and Wildlife, the Canadian Wildlife Service, ENR and the SRRB on a duck-banding project at Willow Lake near Tulita. This project has been contracted to the local Tulita RRC for the past 12 years and has maintained its valuable contributions for waterfowl migration route information. Not only has this communitybased project contributed to wildlife research, it has encouraged involvement with the youth of Tulita with many students joining the duck-banding team and returning to the project for several summers.
The musk-ox radio collaring program is a new project sponsored by ENR together with the SRRB and the Sahtu renewable resources councils (RRCs). The project will provide base line musk-ox information for the Sahtu and answer some questions on the range extension of these animals in the Sahtu region. With support from the RRCs and the SRRB Wildlife Studies Fund, several years of data on woodland and mountain caribou have been collected. This information now assists such projects as the Protected Area Strategy (PAS) and provides accurate information on mountain caribou movements to assist the SLWB in making recommendations in terms of conditions for land use permits.
The Wildlife Health Monitoring Project is an example of balancing traditional knowledge and modern scientific methods for the collection of wildlife information. The project uses knowledgeable hunters, biologists and veterinarians to collect samples, learn how to identify wildlife diseases, and record and properly store and ship samples to labs for analyses. One highlight of this joint initiative is the annual school tour of all Sahtu schools; visiting veterinarians, biologists, ENR regional and SRRB staff dedicate several weeks every year to this now eagerly anticipated event. It is recognized as an important component of the Sahtu Division Board of Education Career and Technology studies curriculum. Some students who first experienced these visits in Grade 5 or 6 have been involved with the program throughout subsequent school years; program directors have met the challenge by making the program more detailed in subsequent years, while still maintaining an enjoyable learning environment. Conservation education plays an important role in the ENR mandate. The Department contributed to three education projects in the Sahtu Settlement Area: the Bosworth Creek Program, the Deline Back to the Land and the Aurora College Environmental Monitoring Program.
7.4 Department of Education, Culture and Employment
The Department of Education, Culture and Employment (EC&E) plans, delivers and manages a broad range of employment, social, educational, and cultural programs and services in the Sahtu Settlement Area.
The Culture and Heritage Division extended a multi-year project to preserve and provide public access to the Bern Will Brown image collection, which documents the historical development of the Sahtu Settlement Area, by continuing to catalogue images of several hundred paintings that portray the natural and cultural heritage of the area. The images were acquired by the NWT Archives.
The Division also reviewed applications for land use permits and environmental impact assessments to identify possible threats to heritage resources and advised a number of agencies on the preservation of heritage resources. The environmental assessment of the proposed MGP dominated much of the work in this area.
The Culture and Heritage Division also maintained and provided access to a database of traditional Aboriginal place names in the Sahtu Settlement Area, and consultations continued as part of the process to obtain official recognition of multiple names for the Mackenzie River including "Dehcho" (Slavey language), "Nagwichoonjik" (Gwich'in) and "Kuukpak" (Inuvialuktun).
The Department's Maximizing Northern Employment program has been very successful in the Sahtu Settlement Area. Funding has assisted with several priority sectors including pre-employment oil and gas training, marine captain training, and training in chainsaw safety and heating, ventilation and air conditioning systems. Six graduates of the pre-employment oil and gas program were offered rotational work experience placements with Schlumberger in Alberta. The Department contributed $41,000 to this program and also provided financial assistance for the Sahtu Oil and Gas Symposium in October 2006. Held in partnership with the various Sahtu Dene land corporations, the goal of the event was to bring together industry, government, Aboriginal groups, legal experts and non-governmental organizations to discuss oil, gas, mineral exploration and a lack of human resources.
A partnership has been formed with groups representing government, educators and industry to coordinate funding for effective training in the Sahtu Settlement Area. The Sahtu Regional Training Partnership consists of representatives from ECE, Aurora College, Industry Tourism and Investment, Municipal and Community Affairs, the Aboriginal Human Resources Development Agreement (AHRDA), the Mackenzie Gas Project, Imperial Oil Resources, Sahtu Divisional Education Council and community employment officers. The committee meets monthly to discuss employment and training opportunities associated with exploration activities and training delivered by Aurora College.
In 2006-2007, EC&E's cultural enhancement program funded the Deline Oral History Archiving and Literacy project with the Deline First Nation. The goal of the three-year research project is to harness Dene traditional knowledge as a tool in the transition to self-government. The research consists of collecting, digitizing and archiving existing oral history recordings and transcribing recorded traditional knowledge related to language, culture and governance. Additionally, this project will be used to retain traditional knowledge for sustainable stewardship of caribou herds identified in elders' stories. The recordings will be safeguarded at the Deline Knowledge Centre.
The Community Literacy Development Fund assisted in providing funds for a seniors literacy project with the Tulita Dene Band. The goal was to teach seniors how to read and spell their names, cultural knowledge and the translation of Slavey into English.
The Local Labour Market Partnership funded a youth gathering in Tulita. The goal was to encourage youth who have dropped out of school to continue their education.
7.5 Department of Industry, Tourism and Investment
The Department of Industry, Tourism and Investment (ITI) continued to meet its obligations through ongoing consultation with Sahtu communities, the SRRB, SLUPB and SLWB.
The Department worked in close cooperation and consultation with Sahtu organizations to support and encourage involvement in business development, training and employment opportunities leading to economic self-sufficiency, ITI did this by providing business advice, counselling and support. Assistance was provided to Sahtu businesses and individuals to access financial support from various sources.
The Department engaged with the SSI in the negotiation of a memorandum of understanding on contracting. The SSI signed off on the memorandum on March 27, 2007. Premier Handley and Minister Bell signed the document on behalf of the GNWT. To define the term "Sahtu business," ITI regional staff are working with the SSI. The two organizations will jointly deliver the SSI communications plan for the memorandum to all communities in the Settlement Area before the end of July. In October 2007, ITI staff will visit Sahtu communities to present workshops on how to bid on and secure negotiated contracts with the GNWT. This will assist in meeting some capacity challenges that are essential to ensuring the memorandum meets community expectations.
The lands for the Canol Historic Park have been reserved by INAC. The Park Committee, with members from the Tulita Land Corporation, Fort Norman Metis Land Corporation and the Norman Wells Land Corporation completed the draft park plan. Consultations on the draft were conducted in all Sahtu communities. The Park Committee submitted the draft plan to the Minister of Industry, Tourism and Investment in 2005. The draft plan was reviewed and it was determined that further work on certain sections was required. Additional members have been appointed to the Committee and a revised draft plan was completed and presented to the Minister in January 2007. The Minister approved the plan and presented it to the Legislature on February 14, 2007. The plan was submitted to Canada and a decision is expected in early 2008.
7.6 Department of Justice
The Legal Division continued to support the implementation of the Agreement by providing legal advice as required by government departments of the Northwest Territories.
Plans of survey have been registered for all municipal parcels, and certificates of title have been issued for all but nine of the municipal parcels. Thirty-eight plans of survey have been registered for specific sites, and pursuant to requests, 38 certificates of title have been issued (all specific sites). One hundred and ninetyeight plans of survey have been registered for portions of the boundaries of the settlement land parcels and, pursuant to requests, 127 certificates of title have been issued for settlement land parcels out of a total of 221 parcels.
Legal Division continues to work on the Sahtu Land Use Plan.
7.7 Department of Transportation
The Department awarded nine contracts with a combined value of $3,419,393 to businesses owned by Sahtu beneficiaries in 2006- 2007 (data for 2005-2006 unavailable):
- $385,650 to Arctic Circle Enterprises Ltd;
- $284,799 to Sahtu Contractors Ltd;
- $408,644 to Sahtu Contractors Ltd;
- $1,115,650 to Red Dog Mountain Contracting Ltd;
- $268,500 to North Ventures Ltd;
- $248,000 to Behdzi Ahda First Nations Band;
- $609,400 to Sahtu Contractors Ltd;
- $10,000 to J & P Lennie Services Ltd; and
- $88,750 to Hodgson's Contracting Inc.
7.8 Department of Public Works and Services
The Department of Public Works and Services (PW&S) supports the economic measure provisions in the Agreement in a variety of ways. The Department provides contracting opportunities for Sahtu businesses and employs residents of Sahtu communities. The Department also provides training opportunities for its staff and employees of community, municipal and Aboriginal governments.
The Department provides contracting opportunities for Sahtu businesses and employs residents of Sahtu communities. The Department also provides training opportunities for its staff and employees of community, municipal and Aboriginal governments.
Within the Sahtu Settlement Area (Colville Lake, Deline, Fort Good Hope, Norman Wells and Tulita) the Department awarded seven contracts for a total combined value of $333,906.
- $100,000 to Great Bear Co-operatives Association Ltd for fuel delivery services in Deline;
- $28,500 to J & P Lennie Services Inc. for the rental of warehouse space in Norman Wells;
- $20,000 to MeckCon to supply labour for blocking work in Deline;
- $57,940 to Deline Construction for hauling and spreading gravel in Deline;
- $42,300 to Gene & Sons Hardware for maintenance services in Colville Lake;
- $12,900 to Hodgson's Contracting Inc. for heavy equipment work in Norman Wells; and
- $72,266 to Norman Wells Claimant Corporation Ltd for tenant improvement design in Norman Wells.
7.9 Northwest Territories Housing Corporation
In support of the economic measures provisions in Chapter 12 of the Agreement and consistent with the GNWT' preferential contracting policies and procedures intended to maximize local, regional and northern employment and business opportunities, the Housing Corporation awarded 20 contracts in 2005-2007 within the Sahtu Settlement Area to businesses owned by Sahtu beneficiaries:
- $65,000 to L.J. Contracting in Deline;
- $79,490 to Arctic Circle Enterprises in Fort Good Hope;
- $97,000 to L.J. Contracting in Deline;
- $15,100 to Deline Construction in Deline;
- $31,560 to Northridge Contracting in Norman Wells;
- $1,377,000 to Norman Wells Claimant Corporation Ltd. in Norman Wells;
- $10,890 to Hodgson's Contracting Inc. in Norman Wells;
- $73,625 to Northbound Contractors in Colville Lake;
- $230,000 to Berah Gutone Tue Enterprises in Colville Lake;
- $82,435 to Northbound Contractors in Colville Lake;
- $1,119,827 to Na'Rahten Development in Fort Good Hope;
- $5,000 to LJ Contracting in Fort Good Hope;
- $89,900 to Arctic Circle Enterprises in Fort Good Hope;
- $46,000 to Red Dog Mountain Contracting Ltd Contractors in Tulita;
- $530,000 to Tulita Development Ltd in Tulita;
- $4,635 to Tulita Development Ltd in Tulita;
- $90,000 to Masuzumi Contracting in Tulita;
- $3,700 to Masuzumi Contracting in Tulita; and
- $40,300 to Masuzumi Contracting in Tulita.
In addition, the Housing Corporation provided the following during 2005-2007:
- $32,500 liaison position to Behdzi Ahda First Nation Band in Colville Lake;
- $12,500 liaison position to Tulita Housing Association in Tulita;
- $12,500 liaison position to Radilih Koe Housing Association in Fort Good Hope; and
- $12,500 liaison position to Deline Housing Association in Deline.
8. Government of Canada
8.1 Federal Coordination of Implementation Activities
Indian and Northern Affairs Canada
The Implementation Branch of INAC continues to be responsible for monitoring the fulfilment of federal government obligations contained in the Agreement and accompanying Implementation Plan. The Branch has a senior official who sits on the Implementation Committee, and consults with the Sahtu Secretariat Incorporated (SSI) and the GNWT on issues that may arise relating to federal obligations.
The Implementation Branch provides funding to the implementing bodies, the SSI and the GNWT as identified in the Implementation Plan. Throughout the fiscal relevant years, the Implementation Branch, in conjunction with the NWT Regional Office, reviewed additional funding requests received from the Sahtu Land Use Planning Board (SLUPB) that would allow the organization to complete work on the draft Sahtu land use plan. The Implementation Committee endorsed these additional funding requests.
In partnership with the NWT Regional Office, the Implementation Branch oversaw the ministerial and order-in-council appointments to the boards. During the year, two Sahtu members and one NWT government member were appointed to the SLUPB, and one NWT government member was appointed to the Sahtu Renewable Resources Board (SRRB).
Funding levels in the Implementation Plan for the implementing bodies, SSI and GNWT over the next 10-year implementation period were signed off by the parties to the Agreement. Remaining work for 2007-2008 involves a review of the Implementation Plan activity sheets by the technical working group convened for this review.
The GNWT and the Implementation Branch reached agreement on the wording to amend clause 19.5 of the Agreement. The Implementation Committee signed off on this amendment. At yearend, the Implementation Branch was awaiting the record of decision from the SSI, which is required to effect this amendment to the Agreement.
- Implementation Funding
8.2 Economic Activity and Employment
Indian and Northern Affairs Canada
The Department provides resources to Sahtu bands and the SSI to support the traditional economy and encourage employment. In 2005-2006, the following allocations were issued.
- Behdzi Adha First Nation: $17,253 from the Community Economic Development Program (CEDP) for community-based, community-driven support for economic development.
- Deline Band: $66,478 from CEDP; and $20,400 for economic activities under the Community Economic Opportunities Program.
- Deline Land Corporation: $40,000 under the Community Economic Opportunities Program.
- Tulita Dene Band: $40,364 from CEDP.
- Tulita District Land Corporation: $295,000 under the CEDP.
- Fort Good Hope Band: $56,282 and $$29,640 under the CEDP; and $250,000 to Fort Good Hope and Deline to acquire ownership of North-Wright Airways.
- Sahtu Dene Council: $577,850 in tribal council funding for band governance, financial management and economic development.
- Sahtu Secretariat Incorporated: $417,542, which is for a 25 percent share of funding provided to establish a Mackenzie Valley First Nations and Inuvialuit ownership position in the Mackenzie Valley Gas Pipeline.
The department is unable to report on the allocations that were issued in 2006-2007.
Human Resources and Social Development Canada
Government economic activities in the Sahtu Settlement Area are structured to ensure that the traditional economy is maintained and strengthened, while working toward the economic self-sufficiency of the Sahtu.
Aboriginal Human Resources Development Agreement
Human Resources and Social Development Canada, through Service Canada, provides funding to Aboriginal groups to undertake skills training and employment development. Funds are provided to Aboriginal groups through the Aboriginal Human Resources Development Agreement (AHRDA), which is in place until March 31, 2009.
The Agreement between the Sahtu Dene Council and Government of Canada provides financial resources from the Government of Canada's Central Revenue Fund and Employment Insurance Fund to manage labour market development activities within its area of jurisdiction and in accordance with the terms of the agreement, and subject to relevant federal legislation. The Sahtu have supported numerous clients through active employment benefits and support measures geared to increasing Aboriginal participation in the labour market.
Aboriginal Skills and Employment Partnership Program
The Sahtu Dene Council was one of the partners that developed a multi-year strategy for industrial skills development related to opportunities anticipated out of the oil and gas industry. A proposal from this partnership is being funded pursuant to the Aboriginal Skills and Employment Partnership (ASEP) Program.
This multi-year funding program will assist the Sahtu Dene to identify and support clients through interventions that will lead to permanent and meaningful jobs in the oil and gas industry. The Sahtu Dene Council's share of funding provided to Aboriginal Futures (the training partnership) was $2,022,024 for 2004 through to March 31, 2008.
Industry Canada continued to deliver its Aboriginal Business Development Program from Yellowknife. Aboriginal Business Canada serves the area with a full-time development officer who visits the Sahtu Settlement Area on a regular basis. The Program, which is available to all Aboriginal individuals and business organizations, has the following strategic priorities: youth entrepreneurship, tourism, innovation, and trade and market expansion. Further information can be obtained from the development officer or from INAC's website. On December 1, 2006, Aboriginal Business Canada was transferred from Industry Canada to Indian and Northern Affairs Canada.
Public Works and Government Services Canada
Public Works and Government Services Canada (PWGSC) continued to provide opportunities for claimant groups to bid on government contracts by advertising procurement opportunities on the government electronic tendering system and by notifying claimant groups of the procurement of goods, services and construction destined for the Sahtu Settlement Area.
8.3 Environmental and Wildlife Management
Canadian Wildlife Service
From the standpoint of renewable resource management, including operation of the Sahtu Renewable Resources Board (SRRB), 2005-2007 represented two successful years. A range of wildlife, fisheries and forestry research and monitoring projects were successfully completed and progress and final reports prepared. Sahtu beneficiaries continued to be an integral element of SRRB operations with several trainee positions funded either through the year or in the summer months.
Harvest of Migratory Game Birds
Through its seat on the SRRB, the Canadian Wildlife Service (CWS) advised the Board of all changes to migratory bird regulations that may impact the Sahtu. The Sahtu have been regularly consulted over changes to the Migratory Bird Regulations, such as the use of non-toxic bird shot and the proposed spring hunting season. The Sahtu Harvest Study would provide the basis for establishing a total allowable harvest of migratory birds in the Settlement Area.
The Canadian Wildlife Service also provides the SRRB with annual migratory bird harvest statistics as compiled by the CWS and the U.S. Fish and Wildlife Service.
In 2006-2007, the CWS conducted aerial surveys for shorebirds and water birds along, and adjacent to, the proposed Mackenzie Valley pipeline route in the Sahtu region.
The CWS is the sponsoring agency for a candidate protected area for Ts'ude niline/Tu'eyeta (Ramparts River Wetlands). As such, the CWS, on behalf of the Yamoga Land Corporation, Fort Good Hope Dene Band and the Metis Local, applied to INAC in September 2006 for a five-year land withdrawal during which time further assessment of the site will continue. The CWS conducted two years of ecological assessment work and submitted a draft ecological assessment report to the Ts'ude niline Tu'eyeta Working Group for its review. Mackenzie Valley Environmental Impact Review Board The CWS is involved in the Joint Review Panel process for the proposed MGP. It participated in the environmental screening of petroleum exploration proposals in the southwestern Sahtu Settlement Area and participated in the selection process when the SRRB hired an environmental assessment biologist in response to accelerated development pressures. The CWS presented to the Joint Review Panel in August 2006 at Norman Wells on conservation areas.
Species at Risk
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. In the last year, the SRRB has been consulted by the CWS on the listing of grizzly bears and the rusty blackbird under the legislation.
Fisheries and Oceans Canada
The Department continued to support the work of the SRRB in its mandate of wildlife management (including fisheries) in the Sahtu Settlement Area. Fisheries and Oceans Canada (DFO) sponsored and funded or co-funded with the SRRB funded the following projects in the SSA:
- continuation of lake trout stock assessments in the Keith (Manitou Island) and Dese Arms, Smith Arm and Russell Bay of Great Bear Lake by DFO scientists and local Deline people;
- Keith Arm itinerant angler surveys (boat patrol using local Deline people, which included promotion of barbless hooks, garbage management and fishing techniques);
- capital support for the construction of a boat garage;
- finalization of the Great Bear Lake Management Plan in May 2005, entitled, The Water Heart: A Management Plan for Great Bear Lake and Its Watershed;
- attendance by DFO biologists at renewable resources council (RRC) meetings in Tulita and Fort Good Hope (with a presentation of ongoing findings from the contaminant study of burbot at the Fort Good Hope meeting) and the SRRB meeting at Deline;
- continued collection of angled burbot (loche) by the Fort Good Hope RRC as part of the fish contaminant study by DFO Science in Winnipeg;
- with NWT Environment and Natural resources (ENR) staff, an angler survey of two tributaries of the Mackenzie River to further determine the northern distribution of bull trout;
- implementation of a guide angler survey through Plummer's and Grey Goose (Deline) Lodges on Great Bear Lake (with project findings presented at an SRRB meeting in Norman Wells);
- with the NWT Department of Transportation, patrols of the Mackenzie Highway Winter Road after its decommissioning to document, record and investigate road–water course crossings for compliance with guidelines and regulations;
- continued advice to the SLWB regarding mineral and oil and gas exploration activities in the Sahtu Settlement Area, including advice on two seismic programs and five mineral exploration (drilling) programs;
- advice on an ongoing permafrost investigation program near Fort Good Hope and to INAC regarding a land lease for the construction of a fishing and hunting cabin on Great Bear Lake;
- assistance to the GNWT in exploring options to minimize the potential impacts of the proposed Great Bear River Bridge on fish and fish habitat;
- a sport fishery patrol in Deline for a week in the summer;
- continued support of the SRRB in completing the Great Bear Lake trout stock assessments;
- field and consultation meetings with the Sahtu related to the MGP; and
- purchase of field and lab equipment for the Bosworth Creek Monitoring Program near Norman Wells. Mackenzie Mountain School will use this program to have an ongoing, one of a kind, credit-based conservation education program focusing on fish and fish habitat.
The NWT Department of Transportation, patrols of the Mackenzie Highway Winter Road after its decommissioning to document, record and invesigate road–water course crossings for compliance with guidelines and regulations.
As part of DFO's role as an expert support department under the Federal Contaminated Sites Action Plan, DFO provided the following services for funded sites:
- review and material advice to INAC for the Indore Mine, Hottah Lake Mine, El Bonanza Mine, Port Radium, Silver Bear Mine and Contact Lake Mine;
- site visits to Indore Mine, El Bonanza Mine, Port Radium Mine;
- advice regarding the Great Bear river Bridge geotechnical work at Tulita, the water licence renewal application at Tulita, Ebridge Crossing investigations, the Norman Wells dock dredging activities, the Aspache Canada Ltd Turton Lake Drilling Program, Explor Data Ltd Deline District Seismic Program, Husky Oil Operations Ltd Summit-Keele Drilling Program, Paramount Resources Ltd 2-D Seismic Program land use permit application in Tulita District, the Geological Survey of Canada Scientific Permafrost Investigation Program in Tulita District, the NWT Public Works and Services Colville Lake Quarry;
- a habitat flight in August visiting all permanent bridge locations from Fort Good Hope south; and
- community consultations with regards to the MGP.
Purchase of field and lab equipment for the Bosworth Creek Monitoring Program near Norman Wells. Mackenzie Mountain School will use this program to have an ongoing, one of a kind, credit-based conservation education program focusing on fish and fish habitat.
National Energy Board
The NEB received applications from Imperial Oil Resources Ventures Limited on behalf of the MGP producers and APG for the construction and operation of the MGP in October 2004. The NEB Hearing Order GH-1-2004 was issued in November 2004. The hearing will obtain evidence and views of interested persons with respect to the MGP and will be coordinated with the MGP environmental impact review by the Joint Review Panel as contemplated by the Cooperation Plan.
Implementation of the Cooperation Plan continued through 2004 and into 2005, with ongoing involvement by the 12 agencies with responsibilities for a pipeline. The NEB's partners in the Cooperation Plan include the MVLWB, SLWB, Gwich'in Land and Water Board, NWT Water Board, MVEIRB, EISC and Environmental Impact Review Board for the Inuvialuit Settlement Region, the Inuvialuit Game Council, Inuvialuit Land Administration, Canadian Environmental Assessment Agency, INAC and observers from the Deh Cho First Nation, and governments of the Northwest Territories and Yukon.
Parks Canada Agency
Wood Buffalo National Park in the southwest Northwest Territories field unit has been coordinating a report on the Sahtu for Parks Canada in the Northwest Territories. The Western Arctic Field Unit now has increasing responsibilities in the Sahtu area, although they do not stem directly from land claim obligations.
Tuktut Nogait National Park comprises 16,340 square kilometres in the Inuvialuit Settlement Region and, as of 2005, 1,850 square kilometres in the Sahtu Settlement Area. An impact and benefit plan was prepared for the Sahtu addition to the park and signed in August 2005. The Tuktut Nogait National Park Management Plan was submitted to the Minister's office in 2006 and was tabled in Parliament in 2007. It contains references to the Sahtu extension of the park and notes that discussions are underway to integrate the management of this area with the management of the rest of the park. Decisions stemming from this discussion will be incorporated into the next management plan review.
Discussions are also underway with regards to the addition of two full-time equivalent employees to the Sahtu extension of the park. Staffing is scheduled to begin in 2008. Preference will be given to candidates who are Sahtu participants. Parks Canada has also taken measures to provide opportunities for qualified participants' businesses to compete for and obtain government contracts related to the addition. The Deline Land Corporation has the right of first refusal for any new licences for commercial and economic activities related to wildlife and tourism in a manner that is consistent with the land claim agreement.
In March 2007, the Honourable John Baird, Minister of the Environment and Minister responsible for Parks Canada announced the signing of an agreement between Parks Canada, the Deline First Nation and the Deline Land Corporation to work toward permanently protecting and cooperatively managing Sahoyúé - §ehdacho National Historic Site of Canada on Great Bear Lake. Negotiations began to develop a cooperative management agreement and framework for the future management of the site by Parks Canada and the Deline Land Corporation. The federal government is funding $5 million over five years for initial development and $700,000 annually for ongoing operational costs.
Parks Canada maps have been redrawn to include the extension to Tuktut Nogait National Park and the boundaries of the Sahoyúé - §ehdacho National Historic Site of Canada.
8.5 Land and Water Management
Indian and Northern Affairs Canada
Sand and Gravel Resources
The NWT Regional Office provided quarterly reports on the quarry royalties collected in the Mackenzie Valley for a total of $103,184.
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. On an ongoing basis, INAC Land Administration compiled and submitted monthly reports to the SLWB on any activity in the Sahtu Settlement Area that was recorded in the Land Information Management System.
Natural Resources Canada
As per the Agreement and Implementation Plan, the Surveyor General has responsibility for and control over the legal surveys to determine the boundaries of all Sahtu parcels described in the Agreement. Natural Resources Canada, Canada Centre for Cadastral Management (Yellowknife) is responsible for the management of the boundary surveys for the lands identified in section 19.4, Boundaries and Surveys, Volume 1 of the Agreement.
Schedules I, II, III, IV and XVI for the Sahtu Boundary Survey Program are 100 percent complete.
As the parties ratify the survey plans, they are recorded in the Canada Lands and Surveys Register and are delivered to the Register of Land Titles. The Sahtu rejected the survey of parcel 26, disputing the location of the winter road. This issue will require resolution. An order-in-council is required to create parcel 51A as parcel 51 was split by a winter road at the time of the land claim ratification is on hold pending resolution of joint ownership questions by K'asho Got'ine and Tulita Districts for Parcel 33.
Canada Revenue Agency
The Canada Revenue Agency's responsibilities under the Agreement include the provision of general information on the taxation implications for the settlement corporations and related tax aspects of the Sahtu and Gwich'in land claim agreements, and the preparation of an information document on this topic. During 2006-2007, the Agency received no inquiries relating to the Agreement.
A renewable resource assessment and socio-economic analysis will be completed in the coming fiscal year.
8.7 Other Implementation Activities
Indian and Northern Affairs Canada
Protected Area Strategy
The Sahoyúé-§ehdacho Working Group finalized the renewable resource assessment and held a public review of the group's recommendations. In the fall of 2006, Deline presented Parks Canada staff with a draft management plan, and a memorandum of understanding was drafted to proceed to negotiations regarding cooperative management of the areas. The Sahoyúé-§ehdacho Working Group includes members from the Deline Land Corporation, Deline RRC, Parks Canada, Canadian Parks and Wilderness Society, the NWT Department of Environment and Natural Resources and INAC. Cultural, non-renewable resource and ecological assessments have been completed for this candidate protected area. Community consultations and working group meetings were held throughout the assessment process. A renewable resource assessment and socio-economic analysis will be completed in the coming fiscal year. The interim land withdrawal for Sahoyúé-§ehdacho ended November 2005.
The Working Group recommended an interim land withdrawal extension. Parks Canada applied to INAC for an interim land withdrawal extension on February 28, 2005 and will continue to work with the Sahoyúé-§ehdacho Working Group and PAS Secretariat to complete the eight steps of the PAS process and provide Sahoyúé- §ehdacho with permanent protection.
Four amendments were established with the Deline Land Corporation related to the Sahoyúé- §ehdacho candidate protected area for the funding of a community project manager and community meetings ($135,022).
In June 2006, the SSI provided a letter of support to protect the traditional caribou harvesting area permanently for the community of Deline. Work began to complete Phase I assessments with a combination ecological and renewable resource report, as well as Phase I cultural and non-renewable resource assessments.
The Yamoga Land Corporation met a major milestone this past year by completing the interim withdrawal proposal for Ts'ude niline Tu'eyeta (Ramparts River/Wetlands). The Corporation submitted the proposal to the Canadian Wildlife Service, which accepted the opportunity to be the official sponsor. On June 23, 2006, CWS forwarded the endorsed proposal to INAC.
Seven areas in the Tulita District have been identified for protection through the PAS and are in Step 2 of the process. They include:
- Tuwi Tué/Mahoney Lake Massacre Site;
- K'álô Tué/Willow Lake;
- Luge dek'alé Tué and Tué chalé Tué/Kelly Lake and Lennie Lakes Kwetînîæah/Bear Rock/The Smokes;
- Tåî Dehdele Dîdlô/Red Dog Mountain;
- The Mountain River and Keele River complex; and
- The Ravensthroat and Redstone Rivers complex.
The Tulita-Norman Wells Protected Areas Working Group has representatives from the land corporations, Tulita Dene Band, the RRCs, elders and youth. Other agencies that have attended meetings include representatives of Husky Oil Ltd, the Canadian Association of Petroleum Producers, the Department of Industry, Tourism and Investment, Parks Canada and the Sahtu Land Use Planning Board (SLUPB).
An annual report on the Protected Area Strategy for 2006-2007 will be available in the fall of 2007 and provides more detail on developments in the Sahtu Settlement Area and the rest of the Northwest Territories.
Cumulative Impact Monitoring Program
Sahtu Secretariat Incorporated is an observer to the NWT Cumulative Impact Monitoring Program and Audit Working Group (CIMPWG), which was established in early 1999 to design the program and consists of representatives of Aboriginal, territorial and federal governments.
The first NWT environmental audit was completed in December 2005 and publicly released in June 2006. Significant work, such as reviewing, addressing and responding to the 50 recommendations provided in the Audit report was achieved by the NWT CIMPWG in 2006-2007. Other key deliverables by or in consultation with the Working Group were an increased effort to secure long-term funding for the CIMP and providing funding to regional and community monitoring and capacity-building projects.
Indian and Northern Affairs Canada held annual treaty payment meetings in the following communities: Fort Good Hope Band in Fort Good Hope and Behdzi Ahda'" First Nation in Colville Lake on June 1, 2005 and May 31, 2006; Deline Band in Deline on June 2, 2005 and June 1, 2006; and Tulita Band in Tulita on June 3, 2005 and June 2, 2006.
Indian and Northern Affairs Canada
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." Since devolution of federal land and resource management responsibilities to the Northwest Territories will entail an amendment to the NWT Act, which is effectively the constitution of the NWT, it may be regarded as a "similar process."
On May 22, 2001, the Minister of Indian Affairs and Northern Development, the Premier of the Northwest Territories and representatives of the Aboriginal Summit (representing the NWT Aboriginal organizations and including the Sahtu Dene Council) endorsed a memorandum of intent 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 Northwest Territories. This process led to the negotiation of a framework agreement in 2004 and negotiations toward an agreement in principle are progressing. Upon the conclusion of an agreement in principle, the parties would start developing the terms and provisions of a final devolution agreement.
Membership of Implementing Bodies (as of March 31, 2007)
Nigel Bankes, Chair
James H. Davis
Robert A. Kasting
Larry Wallace, Chair
Walter Bayha, Chair
Paul Latour Russell
Kenny Ronald Pierrot
Peter Menacho, Interim Chair
Gabrielle Mackenzie-Scott, Chair
John Stevenson, Vice-Chair
Gabrielle Mackenzie-Scott, Chair
John Stevenson, Vice-Chair
Web Site Addresses
Map of Sahtu Settlement Area
Map: Sahtu Settlement Area (Northwest Territories)
The image illustrates the Sahtu Settlement Area. More specifically, it portrays the Sahtu Settlement Area including Sahtu Lands. The image also illustrates territorial borders, regional boundaries, the Mackenzie River, Great Bear Lake, water features, and communities.
Schedule of Capital Transfer Payments, 1994 to 2006
|Date||Schedule of Payments|
|Total Paid to the SSI|
|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|
|September 6, 2000||9,634,851||(1,334,757)||8,300,094|
|September 6, 2001||9,634,851||(1,334,757)||8,300,094|
|September 6, 2002||9,634,851||(1,334,757)||8,300,094|
|September 6, 2003||9,634,851||(1,334,757)||8,300,094|
|September 6, 2004||9,634,851||(1,334,757)||8,300,094|
|September 6, 2005||9,634,851||(1,334,757)||8,300,094|
|September 6, 2006||7,707,881||(1,067,805)||6,640,076|
Implementation Payments, 1994-1995 to 2006-2007
|Fiscal Year||Implementation Payments|
Note: These amounts include payments to the SSI, the GNWT and the implementing bodies (including MVEIRB beginning in 2001-2002).
Payments under Section 10.1 with Respect to Resource Royalties Paid to Government, 1993 to 2006
|Fiscal Year||Resource Royalties Paid to the SSI|
Note: As a result of an out of court settlement with the SSI on May 17, 2002, an additional $8,738,354 was paid to the SSI
Property Taxes Reimbursed to the Government of the Northwest Territories, 1994 to 2006
|Fiscal Year||Property Taxes Reimbursed|
|1994 & 1995
(two years paid in one)
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