BOARDS ESTABLISHED UNDER THE SAHTU DENE AND METIS

COMPREHENSIVE LAND CLAIM AGREEMENT

The Sahtu Dene and Metis Comprehensive Land Claim Agreement ("the land claim agreement") requires that boards be established to manage wildlife, develop land use plans, conduct environmental impact assessments, review development proposals, regulate land and water use and settle disputes that may arise from disagreements over surface entry. Additionally the land claim agreement provides for the establishment of arbitration panels to resolve any matter which the land claim agreement stipulates is to be determined by arbitration and any matter concerning the interpretation or application of the land claim agreement where the parties agree to be bound by the arbitration decision. The land claim agreement also provides for the establishment of an enrollment board which is charged with establishing and maintaining an enrollment register to determine which individuals are entitled to the benefits of the land claim agreement.

This information item describes the membership and functions of boards established as a result of the land claim agreement.

The land claim agreement came into effect pursuant to the Sahtu Dene and Metis Land Claim Settlement Act which was assented to on June 23, 1994. The Mackenzie Valley Resource Management Act was proclaimed on December 22, 1998.

ENROLLMENT BOARD

The Enrollment Board was established pursuant to the Societies Act on July 25, 1994. The business of the Enrollment board is management by a board of directors of nine persons, seven of whom are appointed by The Sahtu Secretariat Incorporated to represent the seven aboriginal communities and two of whom are appointed by the Minister of Indian Affairs and Northern Development for the initial enrollment period only. The Enrollment Board is required to meet at least twice per year and receive and review applications for enrollment pursuant to the land claim agreement. As of December 31, 1999 the Enrollment Board had reviewed and approved 2,648 applications.

ARBITRATION PANEL

The land claim agreement provides for the establishment of an eight member panel to resolve disputes that arise in the implementation of the land claim agreement. The Arbitration Panel will arbitrate disputes over topics described in the land claim agreement. As well, the Panel will arbitrate disputes where the parties agree to be bound by an arbitration decision. The process will involve either one or three arbitrators who will hear evidence. The decisions of the arbitrator(s) will be binding, and the arbitrator(s) may make an award, including the payment of costs and interest.

The Government of Canada, the Government of the Northwest Territories and the Sahtu Secretariat Incorporated jointly appointed members to the Arbitration Panel in October, 1995. The Arbitration Panel adopted commencement of proceedings rules on August 1, 1996.

SAHTU RENEWABLE RESOURCES BOARD

The Sahtu Renewable Resources Board is the main instrument of wildlife management in the Sahtu Settlement Area and was established pursuant to the land claim agreement on the date that the Agreement became effective. The Board may establish policies and propose regulations in respect of: the harvesting of wildlife (guiding and outfitting services, naturalist camps and lodges, etc.), harvesting of trees and approval of forest conservation and forest management plans and polices.

The Board is made up of seven members, three nominated by The Sahtu Secretariat Incorporated, three nominated by government and the seventh, being the Chairperson, nominated by the previously referred to six members. Alternate members are also named.

RENEWABLE RESOURCES COUNCILS

Each of the five Sahtu communities has established a Renewable Resources Council. The main purpose of a Renewable Resources Council is to encourage and promote local involvement in conservation, harvesting studies and research and wildlife management in the community.

Each Renewable Resources Council is made up of not more than seven persons who are residents of the community. The Renewable Resources councils also play and advisory role to the Sahtu Renewable Resources Board. The Sahtu Renewable Resources Board is required to consult regularly with the Renewable Resources Councils with respect to matters within its jurisdiction.

SAHTU LAND USE PLANNING BOARD

The Sahtu Land Use Planning Board is responsible for land use planning in the Sahtu Settlement Area. When the land use plan is approved by government and the Sahtu, authorities with jurisdiction over licensing, issuing of permits and authorizations, which relate to land and water use, will have to conduct their operations in accordance with the plan. The Board may propose amendments or exceptions to the plan.

Membership

Government and the Sahtu will each nominate two members. A fifth person, selected by the four members, will be appointed to act as chairperson.

MACKENZIE VALLEY ENVIRONMENTAL IMPACT REVIEW BOARD

This Board assesses development proposals in the Mackenzie Valley, including those on Sahtu lands, to determine their impact on the environment. The Board may conduct joint reviews with the Canadian Environmental Assessment Agency. The Board has the power to subpoena witnesses and documents. During a review, public consultations or hearings will take place in the affected communities.

Following its review of a development proposals, the Board will recommend to the appropriate Minister that a development proposal be approved, with or without terms and conditions, or rejected.

Membership

Aboriginal groups and government will each have 50 percent of the membership (not including the chairperson). The Sahtu is entitled to nominate at least one member. When a development proposal falls wholly or predominately within the Sahtu Settlement Area, the Sahtu will be entitled to nominate half the members of the Review Board Panel conducting the review.

SAHTU LAND AND WATER BOARD

The Sahtu Land Water Board was created as a result of the passage of the Mackenzie Valley Resource Management Act on December 22, 1998. Their office is located in Fort good Hope. The Board regulates land and water use throughout the Sahtu Settlement Area including Sahtu, Crown and Private land. It issues, amends and renews licenses, permits and other authorizations for all land and water use, including those necessary for exercising subsurface rights. The Board may hold public hearings in the affected communities.

Membership

Government and the Sahtu each nominate two members. A fifth person, selected by the four members, is appointed to act as chairperson.

SURFACE RIGHTS BOARD

When federal legislation is passed to establish the Surface Rights Board, it will have jurisdiction in the Northwest Territories to resolve disputes when persons who have the right to work on private lands are unable to reach agreement with the land owner about access to lands. The Board will grant entry orders and determine compensation for the use of the land and for any damage which may result.

In determining compensation for the use of settlement lands, the Board will consider damage to the land, loss of use, nuisance, noise and inconvenience and other factors provided for in the legislation. The Board must also consider the cultural or special value of the land to the Sahtu and the effect of the development on wildlife harvesting by the Sahtu participants.

Membership

Members of the Board shall be residents of the Northwest Territories. When dealing with Sahtu lands, the Board shall act through a panel of its members at least one of whom shall be a resident of the Sahtu Settlement Area.

ADDITIONAL INFORMATION

For more detailed information, the text of the Sahtu Dene and Metis Comprehensive Land Claim Agreement should be consulted. Legal descriptions of the Sahtu lands, and any special access conditions applying to them, are found in Volume II (Appendix E). Copies of Volumes I and II of the agreement are available from:

Communication Services
Indian and Northern Affairs Canada
Box 1500
Yellowknife, NT, X1A 2R3
Tel: (867) 669-2575

For information on the exact locations of settlement lands contact:

The Sahtu Secretariat Inc.
PO Box 155
Deline, NT, X0E 0G0 PO
Tel: (867) 589-4719