Nunavut Modern Treaty

Canada’s newest territory, Nunavut includes both a modern treaty and a public government designed to work together.

After many years of negotiation, the Nunavut modern treaty (the Nunavut Agreement) came into effect in 1993, resulting in the establishment of the Nunavut Territory in 1999. Also created by the treaty was Nunavut Tunngavik Inc., the organization responsible for ensuring that promises made under the Nunavut modern treaty are carried out.

A few examples of environmental protection, regulation and assessment provisions in the Nunavut modern treaty include:

• Article 5 Wildlife: Establishes the Nunavut Wildlife Management Board (NWMB), one of the five “Institutions of Public Government”. Article 5 also states that Inuit may harvest wildlife using “any type, method or technology to harvest” that does not “result in harmful alteration to the environment.”
• Article 6 Wildlife Compensation: States that any tribunal hearing a claim “shall give due weight to Inuit knowledge of wildlife and the environment”. The term used by the Government of Nunavut and Nunavut Tunngavik Inc. for Inuit knowledge and way of life is “Inuit Qaujimajatuqangit” (IQ). The treaty requires that IQ carries the same weight as scientific knowledge not only in matters relating to wildlife compensation, but in all wildlife and environmental contexts.
• Article 8 Parks: Preserves areas which support unique, rare or endangered features or maintains wilderness areas in a wilderness state.
• Article 9 Conservation Areas: Provides special protection to National Wildlife Areas, Migratory Bird Sanctuaries, Critical Wildlife Areas, Biosphere Reserves, and other ecologically significant areas.
• Article 10 Land and Resource Management Institutions: Establishes the timetable for creation of four Institutions of Public Government (IPG) that play major roles in environmental regulation and assessment:
  • Nunavut Surface Rights Tribunal (NSRT)
  • Nunavut Impact Review Board (NIRB)
  • Nunavut Planning Commission (NPC)
  • Nunavut Water Board (NWB)
• Article 11 Land Use Planning: States that in developing planning policies, priorities and objectives “environmental protection and management needs, including wildlife conservation, protection and management” shall be taken into account.
• Article 12 Development Impact: Creates the Nunavut Impact Review Board in order to “protect the ecosystemic integrity of the Nunavut Settlement Area.”
• Article 13 Water Management: Establishes the Nunavut Water Board, one of the five Institutions of Public Government, with powers over the “regulation, use and management of water in the Nunavut Settlement Area.”
• Article 15 Marine Areas: Recognizes the legal rights of Inuit to harvest wildlife in marine areas, and establishes Inuit participation in a coordinated wildlife management, harvesting and research regime in certain areas for migratory marine species.