Archived - 1998-1999 Annual Report of the Implementation Committee Sahtu Dene and Metis Comprehensive Land Claim Agreement

4.1 Enrolment Board

The Enrolment Board has nine members, including seven representatives from the SSI and two from the federal government. The board met through teleconference three times, and convened its annual meeting on October 29, 1998.

As part of their routine activities, board members approved or rejected applications submitted under Section 4.2 of the Agreement. As of June 1999, 2,598 beneficiaries were covered by the Agreement. The Enrolment Registry is distributed to all land claim corporations in the Sahtu region. The board also reviewed monthly expenditures and activity reports.

As required by Section 4.4.2(j) of the Agreement, the board provides a certificate and a photo identification card to each beneficiary as proof of enrolment.

4.2 Arbitration Panel

In 1998-1999, the Arbitration Panel completed its Commencement of Proceedings Rules. This document is available in English in written form, and in North Slavey in written and oral form.

After discussion, the panel decided not to prescribe a set of arbitration rules. Rather, this would be left to the parties and the arbitrator in any particular arbitration. Once there has been a sufficient number of arbitrations to consider this approach, the panel will re-examine the possibility of establishing permanent arbitration rules.

The panel had its 1998 annual meeting in Fort Good Hope. Based on a rotation which sees these meetings held in the settlement area every second year, the panel is presently planning its next meeting in Deline in the year 2000.

The panel is structured to be available to consider disputes on relatively short notice at the request of the parties to the Land Claim Agreement. To the end of 1998-1999, no requests for arbitration have been made.

4.3 Sahtu Renewable Resources Board

The SRRB was established as the main instrument of wildlife management in the SSA. In its four years of operation, it has expanded into this role, and exercised its authority to propose wildlife management policies and regulations for the region. It has an independent research and monitoring capacity that is used in support of RRCs, the government and others. The SRRB office has a staff of seven, including a biologist, wildlife technician, harvest studies coordinator, harvest surveys trainee, office manager and executive director.

The federally appointed seven- member board is comprised of three representatives nominated by the SSI, three members nominated by the federal and territorial governments and a chairperson nominated by the members. During the year, the SRRB held one meeting in Fort Good Hope and two in Tulita. In addition, three teleconference meetings were held. At these meetings, the board was apprized of the mandate of the Sahtu Land and Water Board and the role of the DFO in the SSA.

The harvest studies coordinator designed a user-friendly database for future use by the RRCs. Field workers were hired and trained to gather harvest information, and harvest data collection began in the communities in the spring.

The board dealt with the issues of outfitting permits and special harvesting areas in the Keith Arm of Great Bear Lake. It encouraged amendments to the territorial Wildlife Act to allow enforcement of provisions of the Agreement. The Scholarship and Training Fund was established in May 1998. An informative series of articles about board activities was published under the title "The Bear Facts" in the Mackenzie Valley Viewer newspaper.

The SRRB, in particular the biologist and wildlife technician, worked closely with the RWED and RRCs in a variety of wildlife surveys and research activities, and one fish survey. These initiatives included:

• data collection for the first full year on the Dall's sheep population in the Mackenzie Mountains;
• the collection of sheep disease and parasite information with the support by the Norman Wells RRC;
• the fourth year of duck banding at Willow Lake with the participation of the Tulita RRC;
• a SRRB funded study of the dispersal of juvenile marten with the participation of the Norman Wells RRC;
• the third year of a program to identify barrenland caribou herds through DNA analysis and to study the movements of radio-collared caribou. This program included the distribution of posters describing these studies to Sahtu communities;
• a SRRB funded moose inventory in Tulita;
• the establishment of the Forest and Wildlife Habitat Inventory Program led by RWED;
• the purchase of desk-top Geographic Information System and ArcView software for the Tulita office of the SRRB;
• the classification of the vegetation in the SSA using LANDSAT imagery; and
• the development of an inconnu index monitoring program with partial funding from the SRRB.

4.4 Joint Working Group on Sahtu Heritage Places and Sites

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

In 1998-1999, the working group completed the obligations set out in the Agreement. The Implementation Committee agreed to extend the deadline of the working group to August 31, 1999, in order for it to complete its report. The report will be distributed to all stakeholders, including governments and Aboriginal organizations, for their consideration.

It will include recommendations relating to 40 heritage places and sites in the SSA. Other general recommendations concern the creation of a Sahtu cultural institution that could carry on the work of this group and help to sustain Sahtu culture and heritage.

4.5 Mackenzie Valley Environmental Impact Review Board

When the MVRMA came into force on December 22, 1998, it established the MVEIRB as the main agency to undertake environmental assessment and review in the Mackenzie Valley. The board's jurisdiction applies to all lands in the Western Arctic, excluding the Inuvialuit Settlement Region and Wood Buffalo National Park. The MVRMA replaces the Canadian Environmental Assessment Act in the Mackenzie Valley except under specific circumstances.

Prior to the Act coming into force, the Mackenzie Valley Environmental Impact Review Working Group was established with the mandate to prepare the MVEIRB for operation. The information below includes both the activities of the working group from the beginning of the fiscal year to its dissolution in January 1999, and those of the board since its official formation on December 22, 1998.

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

4.6 Sahtu Land and Water Board

Prior to the proclamation of the MVRMA in December 1998 and the formal establishment of boards created from this Act, the Sahtu Land and Water Board operated as a working group, under the provisions of the NWT's Societies Act. The Minister of Indian Affairs and Northern Development appointed the members nominated by the SSI, GNWT and the federal government to the board in January 1999.

The accomplishments of the working group/board during 1998-1999 include:

• completion of a training exercise based on three land use permits and two water licences in May and June 1998;
• participation in the MVRMA transition meetings with DIAND and the NWT Water Board in Yellowknife, and completion by members and staff of an intensive training session with the DIAND MVRMA transition team in Fort Good Hope;
• completion of computer training by staff in July;
• employment of a part-time summer student in cooperation with Yamoga Land Corporation during August;
• attendance at a community assembly in Fort Good Hope;
• completion of courses "Decision Writing" and "How to Hold a Hearing" in September;
• participation of staff in a meeting of the Preliminary Screening Steering Committee in Yellowknife; and
• attendance by the chairperson and executive director at two briefings on the MVRMA in Yellowknife sponsored by DIAND and the MVEIRB.

In March 1999 the board sponsored a two-day technical training session in Fort Good Hope for board members and staff of the Sahtu land corporations. Methods and procedures for evaluating applications for land use permits and water licences were explained using actual current applications.

Upon proclamation of the MVRMA, the board received active or current files on 14 water licences and 17 land use permits to administer after their transfer from DIAND and the NWT Water Board. In the period of January to March 31, 1999, the board received three additional applications for water licences and six additional applications for land use permits. On February 17, 1999, the board issued its first water licence.

The working group held meetings more frequently over the past year due to the training required on the MVRMA and decision making needed on specific applications after the Act's proclamation. Meetings were held in Fort Good Hope and Norman Wells. Board members and staff remain confident that the board is prepared to and capable of administering the land use permit and water licence processes in the SSA.

4.7 Sahtu Land Use Planning Board

With the proclamation of the MVRMA in December 1998, the Sahtu Land Use Planning Board was created. It has continued the work of the previous Land Use Planning Working Group established under the provisions of the NWT's Societies Act.

The 1998-99 fiscal year activities of the Sahtu Land Use Planning Board centred around four main themes: institutional development, vision creation, capacity building and awareness creation.

5.1 Board of Directors

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

Ruby L. McDonald, Chairperson
Edwin Erutse, Vice-chairperson
Wilbert Kochon
Winter Lennie
Winston McNeely
Eddy McPherson Jr.
Raymond Taniton
Gordon Yakeleya

5.2 Head Office

The SSI's head office is located in the Chief George Kodikin building in the community of Deline. The building also houses the Sahtu Dene Council and the Sahtu Enrolment Board.

5.3 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. In 1998-1999, the following RRCs were active in the SSA:

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

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

5.4 Land Ownership

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

• The Deline Land Corporation owns all the land in the Deline district.
• In the Tulita district, the settlement lands are owned by the Tulita District Corporation, which is comprised of the Tulita Land Corporation, the Fort Norman Metis Land Corporation and the Ernie McDonald Land Corporation.
• In the Fort Good Hope district, the settlement lands are owned by the K'asho Got'ine District Land Corporation which is comprised of the Yamoga Land Corporation, Fort Good Hope Metis No. 54 Land Corporation and the Ayoni Keh Land Corporation.

5.5 Sahtu Trust

The Sahtu Trust was created by the seven financial corporations eligible for settlement moneys and royalties under the terms of the Agreement. On September 6 of each year, the federal government makes a payment under Chapter 8 of the Agreement to the SSI that is deposited into the Sahtu Trust. Under directions from the SSI, the trust is evenly managed by two fund managers. Twice each year, the income and interest earned by the trust is paid, less fees, on a per capita basis to the seven financial corporations. At the end of the fiscal year, the balance in the trust was $42 million, and the net income generated by the trust was $5,177,000.

5.6 Economic Measures

Under Chapter 12 of the Agreement, the federal government is committed to meeting with the SSI once every three years to review the effectiveness of programs relating to the economic measures provisions. In 1999, a meeting was held in Edmonton, Alberta. A recommendation from this meeting resulted in the creation of an Economic Measures Working Group with the mandate of clarifying Chapter 12 and developing an evaluation framework to measure the progress in implementing it. This group met one additional time in the 1998-1999 reporting period.

5.7 Special Harvesting Areas

Under Chapter 13 and Volume II of the Agreement, special harvesting areas exist for fish, moose and game birds (duck and geese). DFO maintains that the 28 special harvesting areas for fish are open to all persons with a fishing licence; the SSI disagrees. Also, the SSI disagrees with RWED's interpretation of the chapter that the special harvesting areas for moose are open to all hunters with a general hunting licence. The SSI Board of Directors determined that the interpretation of the special harvesting provisions should be clarified through arbitration.

5.8 Amendment to the Wildlife Act Regulations

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

5.9 Yamoria Training Committee

The SSI is represented on the Yamoria Training Committee along with members from the three district land corporations. The committee reviews applications for funding to ensure that they meet the terms of the agreement with Human Resources Development Canada (HRDC). This agreement expired on March 31, 1999 and has been replaced by the Aboriginal Human Resources Development Strategy, signed in April 1999.

5.10 Aboriginal Summit

The Western NWT Aboriginal Summit was founded in January 1995. It is a forum for discussion among leaders of the following Aboriginal governments and organizations: Dene Nation, Metis Nation - NWT, Inuvialuit Regional Corporation, Gwich'in Tribal Council, Dogrib Treaty 11, North Slave Alliance, Akaitcho Territory Government, South Slave Tribal Council and the SSI.

The summit leaders participated in the Constitutional Working Group which was mandated to develop models for a constitution and form of government for the new western territory formed after the creation of Nunavut. In April 1998 the CWG released its workbook Common Group. This publication outlined two different paths for governance of the western territory, the "combined" and the "government-to-government" approaches. The CWG consulted with communities throughout the summer of 1998 about this workbook. The con-sultations were expected to lead to a conference and vote in early 1999. However, funding issues, an alternative proposal by DIAND for an intergovernmental forum, and the desire of some Aboriginal leaders to concentrate on their land and self-government processes led the CWG to suspend operations in early 1999.

The summit leaders participated in other initiatives such as the Inherent Right Working Group, the Western Leaders' Coalition and the Electoral Boundaries Commission. The summit is no longer collectively engaged in any project or process. Members were advised to wind down the organization financially and suspended it as of August 1, 1999.

5.11 Deline Self-government Negotiations

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

The Deline Land Corporation is in the process of negotiating a self-government agreement pursuant to Appendix B of the Agreement that involves the following activities:

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

During 1998-1999, the Deline Land Corporation negotiation process included the following subject areas under the process schedule agreement:

• governing structures sub-agreement;
• elections sub-agreement;
• citizens sub-agreement;
• education (K-12) sub-agreement;
• transition sub-agreement; and
• general provisions sub-agreement.

In addition, preliminary discussions began on the local government sub agreement.

5.12 Mackenzie Valley Resources Management Act

The SSI participated in a presentation via video-conferencing to the Senate of Canada committee on Bill C-6, the legislation that created the MVRMA.

The SSI was a member of the Sahtu Land and Water Board Working Group, the Sahtu Land Use Planning Working Group and the Mackenzie Valley Environmental Impact Review Board Working Group prior to these groups' dissolution upon proclamation of the MVRMA.

6.1 Ministry of Aboriginal Affairs

As in past years, the Ministry of Aboriginal Affairs acted as the coordinator for GNWT implementation activities. These responsibilities including liaisons with the SSI and federal and GNWT representatives; preparing status reports for the Implementation Committee; and preparing the GNWT component of this annual report.

The Ministry was represented on three groups relating to the Agreement and the Implementation Plan: as the GNWT representative on the Implementation Committee; as a member of the Sahtu Land and Water Working Group, providing advice and assistance to that group before it was dissolved in February 1999; and as the GNWT representative on a working group established to undertake the Sahtu Five-Year General Review.

6.2 Resources, Wildlife And Economic Development

RWED continued to work in partnership with the SSI, SRRB, RRCs and beneficiaries of the land claim agreement in its research and management activities. Progress was made in the establishment of national historic sites and the development of a park management plan for the proposed Canol Trail and Dodo Canyon Territorial Park. RWED also provided beneficiaries with employment and training associated with resource management.

6.3 Education, Culture and Employment

A representative from the department's Culture and Heritage Division is the GNWT's nominee for the Sahtu Heritage Places and Sites Joint Working Group. Pursuant to Section 26.4.3 of the Agreement, this working group has the responsibility to review Sahtu heritage places and sites and make recommendations to the appropriate minister. The working group completed a community-based research project to gather information on heritage sites. In 1998-1999, the working group drafted recommendations to government on heritage sites and initiated a detailed report on its work which is expected to be completed in mid-1999. The department provided ongoing advice on possible impacts that land use operations might have on heritage sites.

6.4 Justice

The legal division of the Department of Justice continued to provide legal advice and assistance in a variety of areas related to the ongoing implementation of the Agreement, including:

• the negotiation of land exchange and access agreements in relation to a bridge construction project at Canyon Creek;
• work on proposed amendments to the Agreement to clarify the effect of land exchanges;
• review of information pamphlets; and
• review of wildlife issues.

Section 19.3.5 of the Agreement calls for the GNWT Land Titles Office to issue certificates of title to all the surveyed municipal parcels and several specific sites. Plans of survey have been registered for all municipal parcels and certificates of title have been issued for all but three municipal parcels. Thirteen plans of survey have been registered for specific sites and, pursuant to requests, four certificates of title have been issued. In addition, 43 plans of survey have been registered for the portions of the boundaries of the settlement parcels.

A bill to amend the Wildlife Act to recognize the Agreement was prepared by the legislative division. It was passed in December 1998. Work was completed on various amendments to the wildlife regulations necessitated by the realignment of the boundaries of the wildlife management units/zones/areas to conform with the SSA.

6.5 Public Works and Services

In support of the economic measures provisions of the Agreement, and consistent with the GNWT preferential contracting policies and procedures intended to maximize local, regional and northern employment and business opportunities, Public Works and Services negotiated a contract with Sahtu Contractors Ltd. for winter bulk fuel resupply for Tulita, Deline and Fort Good Hope for a three-year period (1999 - 2001). The 1999 winter resupply was successfully completed.

6.6 Transportation

In order to expedite the construction of a bridge for the winter road, the Department of Transportation has agreed to a land exchange in the Canyon Creek area with the Tulita District Land Corporation as provided for under Section 19.1.5 of the Agreement. When land is exchanged with government, the Agreement is silent on the status of lands received by government and the lands received by a designated Sahtu organization from government. An amendment to the Agreement has been drafted in order to ensure all lands held by a designated Sahtu organization after such an exchange become settlement lands. Meetings between representatives from the SSI, the federal government and the GNWT have taken place on this issue, and a formal amendment is expected to be put forward to the parties in 1999.

7.1 Legislation

With the proclamation on December 22, 1998 of the MVRMA, the Sahtu Comprehensive Land Claim Agreement's and Gwich'in Comprehensive Land Claim Agreement's obligations to legislate an integrated resource management system in the Mackenzie Valley was finally fulfilled. Two regional boards in each settlement area were structured: the land use planning board and the land and water board. In addition, two valley-wide boards were structured: the MVEIRB and the Mackenzie Valley Land and Water Board. This latter board will be established upon proclamation of Part IV of the MVRMA.

7.2 Economic Activity and Employment

Human Resources Development Canada

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

In 1998-1999, HRDC continued to provide funds to the Sahtu for the development and delivery of labour market programs to residents in the area. Under the Regional Bilateral Agreement (RBA), the Sahtu identified the labour market training needs of members in the settlement area, and developed and delivered training programs to meet these needs. In 1997-1998 and 1998-1999, the Sahtu received a total of $1,294,272 towards the funding of these programs.

The RBA between HRDC and the Sahtu expired on March 31, 1999. The RBA process is currently being evaluated, with results expected during the summer of 1999. On April 1, 1999, this agreement will be replaced by a comprehensive new agreement under the Aboriginal Human Resource Development Strategy. This strategy incorporates the labour market programs under the previous RBA with programs for youth, child care, and persons with disabilities, as well as a capacity-building component.

7.3 Environmental and Wildlife Management

7.4 Heritage

7.5 Land and Water Management

7.6 Revenue Canada

Revenue Canada's responsibilities to the Agreement include provision of general information on the taxation implications for the settlement corporations, and the preparation of an information document on this topic. The preparation of this document, which looks at related tax aspects of the Sahtu Agreement and Gwich'in Agreement, has been delayed; however, it is currently being reviewed and revised with a final draft expected shortly. When available, the final draft will be forwarded to the SSI for its review.

7.7 Other Implementation Activities

7.8 Federal Coordination of Implementation Activities

The Claims Implementation Branch of DIAND coordinates and monitors the fulfilment of federal government obligations contained in the Agreement. The branch has a representative on the tripartite Implementation Committee and consults with the GNWT and the SSI on issues arising from the implementation of federal responsibilities under the Agreement. Other responsibilities include:

• maintaining a comprehensive implementation status report of federal responsibilities in the Land Claim Obligation System;
• maintaining close contact with all federal departments and agencies with respect to their implementation activities;
• preparing funding agreements and ensuring payments are made in a timely fashion to all implementing bodies; and
• coordinating the production of the Annual Report of the Agreement.

CIB oversees the process for appointing members to institutions created under the Agreement, either through an order-in-council or the Ministerial appointment process. All appointments to the newly created MVEIRB, Sahtu Land Use Planning Board and Sahtu Land and Water Board were completed in 1998-1999, except for the chair appointments to the latter two Boards. As well, Celina Stroeder, member, and Keith Hickling, alternate, were jointly appointed to the SRRB by the GNWT Executive Council and by order-in-council, effective March 9, 1999.

On November 4, 1998, CIB coordinated an Economic Measures Workshop including representation from the Sahtu, Gwich'in, and federal and territorial governments. This workshop established a working group to address Chapter 12 of the Agreement and Chapter 10 of the Gwich'in Comprehensive Land Claim Agreement.

Continued efforts were made by CIB to facilitate the development of a new funding arrangement between Canada and those bodies funded under the Agreement.

A member of CIB participated in the Five-Year General Review Working Group and oversaw the contract for the input used in preparing the draft final report.

In 1998-1999, funding was provided to the following organizations:

Membership of Implementing Bodies
(as of March 31, 1999)

* The role of the Technical Advisors ended December 21, 1998, as a result of the passage of the MVRMA, when the working groups officially became boards.