ARTICLE 21

ENTRY AND ACCESS

PART 1: DEFINITIONS

21.1.1 In this Article:

"foreshore" means that stretch of land between the edge of the water and the ordinary high water mark;

"navigable" means capable of navigation by boat or other craft for commercial or non-commercial purposes;

"surface rights" means, for the purpose of Section 21.7.11,

(a) rights relating to land other than an interest in minerals, or

(b) rights in respect of specified substances;

"third party interest" means, for the purpose of Sections 21.7.1 to 21.7.6, a right granted under the Territorial Lands Act or Public Lands Grants Act that is enforceable against the Crown, but does not include a prospecting licence in respect of Inuit Owned Lands held in the form referred to in Sub-Section 19.2.1(a). For greater certainty, "third party interest" includes a land use permit and a permit to prospect;

"use of water" includes the use of water power.

PART 2: ACCESS ONLY WITH CONSENT

21.2.1 Except where otherwise provided in the Agreement persons other than Inuit may not enter, cross or remain on Inuit Owned Lands without the consent of the DIO.

PART 3: PUBLIC ACCESS

21.3.1 There shall be a public right of access for the purpose of travel by water, including travel associated with development activity making use of the strip incidental to travel by water, and for recreation to a 100 foot (approximately 30.5 metre) strip of Inuit Owned Lands bounding the sea coast, navigable rivers, navigable lakes that can be entered from the said rivers. The said strip shall be measured from the ordinary high water mark of the sea coast and the said navigable rivers, lakes and water bodies. The right of access includes access to the foreshore adjacent to the said strip.

21.3.2 A member of the public exercising the right of access referred to in Section

21.3.1 may harvest wildlife other than for commercial purposes, but subject always to laws of general application and Article 5.

21.3.3 A member of the public may harvest wildlife in the waters referred to in Section 21.3.1, but subject always to laws of general application and Article 5.

21.3.4 No person

(a) exercising the right of access referred to in Section 21.3.1; or

(b) harvesting wildlife pursuant to Section 21.3.2,

shall engage in any development activity, or establish camps or structures other than for merely casual or temporary purposes, on the said strip.

21.3.5 Where the DIO requires exclusive possession, the right of access referred to in Section 21.3.1, the right to harvest referred to in Section 21.3.2, and the right to cross Inuit Owned Lands referred to in Section 21.3.9 may be removed with the agreement of the DIO and Government.

21.3.6 Where the DIO and Government agree, the right to harvest referred to in Section

21.3.3 may be removed.

21.3.7 A member of Parliament, the Legislative Assembly, or any municipal council or regional government, or a candidate for election to such bodies, or a person accompanying and assisting any such member or candidate, may enter on Inuit Owned Lands for the purpose of campaigning for an election.

21.3.8 A member of the public may enter and remain on Inuit Owned Lands for emergency purposes.

21.3.9 Members of the public may cross Inuit Owned Lands for the purpose of personal or casual travel, such as to go to or from their place of work or to or from a place of recreation. Whenever possible, crossings shall take place on routes designated by the DIO. The right to cross shall include the right to make any necessary stops.

21.3.10 There shall be a public right of access, as described in Schedule 21-1, on the Inuit Owned Lands described in that Schedule.

21.3.11 With the consent of the DIO, persons conducting research for public knowledge shall:

(a) have the same right of access to Inuit Owned Lands as agents, employees and contractors of Government; or

(b) have a right of access to Inuit Owned Lands in accordance with terms and conditions imposed by the DIO, other than the payment of fees.

21.3.12 The right of access to Inuit Owned Lands set out in this Part is subject to the conditions that there be:

(a) no significant damage caused;

(b) no mischief committed; and

(c) no significant interference with Inuit use and quiet enjoyment of the lands.

21.3.13 Persons exercising rights under this Part shall be:

(a) liable for damages caused to the lands; and

(b) deemed to be trespassers and may be removed from the land, if they fail to comply with the conditions of this Article.

21.3.14 The rights of access to Inuit Owned Lands under this Part are not subject to the payment of any fee, or any term or condition, except as provided in this Part.

PART 4: MILNE INLET TOTE ROAD PUBLIC ACCESS EASEMENT

21.4.1 There shall be a public right of access, as described in Schedule 21-2, on the Inuit Owned Lands described in that Schedule.

PART 5: GOVERNMENT ACCESS

21.5.1 Agents, employees and contractors of Government and members of the Canadian Forces and members of the R.C.M.P. shall have the right, in accordance with this Article, to enter, to cross and to remain on Inuit Owned Lands and water on Inuit Owned Lands to carry out legitimate government purposes relating to the lawful delivery and management of their programs and enforcement of laws.

21.5.2 Should Government, the Canadian Forces or the R.C.M.P. require continuing use or occupancy of Inuit Owned Lands for more than two years, including use for unmanned facilities, the DIO may require Government to obtain an interest in the land.

21.5.3 Agents, employees and contractors of the user described in an item in Schedule 21- 3 shall have a right to enter, cross and remain on the area identified in the property description in respect of the parcels of Inuit Owned Lands listed in that item, for the purpose specified in that item, including the right to do what is necessary for that purpose.

21.5.4 The right in Sections 21.5.1 and 21.5.3 shall be subject to Sub-Section 21.3.12(b) and Section 21.3.13.

Amended-P.C. 2017-383 April 13, 2017

21.5.5 In a case where more than insignificant damage may be caused to the land, or where there may be more than insignificant interference with Inuit use and quiet enjoyment of the land, Government shall consult the DIO and seek its agreement

regarding the procedures for exercising government access under Sections 21.5.1 and 21.5.3. Where agreement cannot be achieved, the determination of such procedures shall be resolved in accordance with Article 38. Activities identified in Schedule 21-4 shall not be subject to the requirements of this Section.

Original Text

21.5.5 In a case where more than insignificant damage may be caused to the land, or where there may be more than insignificant interference with Inuit use and quiet enjoyment of the land, Government shall consult the DIO and seek its agreement regarding the procedures for exercising government access under Sections

21.5.1 and 21.5.3. Where agreement cannot be achieved, the matter shall be referred to the Arbitration Board for the determination of such procedures pursuant to Article 38. Activities identified in Schedule 21-4 shall not be subject to the requirements of this Section.

21.5.6 Without limiting the generality of this Section, procedures required under Section

21.5.5 for exercising government access shall ensure that:

(a) environmental protection measures are consistent with the provisions of the Agreement;

(b) information is provided; and

(c) location, time and duration of access is addressed.

21.5.7 Government personnel need access to Inuit Owned Lands for the purpose of wildlife management and research. Notwithstanding Section 21.5.1, access to Inuit Owned Lands by Government personnel for the purposes of wildlife management and wildlife research shall be subject to the approval of the NWMB subsequent to consultation with the appropriate RWO.

21.5.8 The exercise of the right in Section 21.5.1 shall not be subject to the provision of a security bond, but may be subject to a fee if provided for in legislation.

Amended-P.C. 2017-383 April 13, 2017

21.5.9 In the event that any person exercising access under Section 21.5.1 causes damage to Inuit Owned Lands, and Government and the DIO are unable to agree on compensation for damages, the determination of liability and fixing appropriate compensation shall be resolved in accordance with Article 38. Original Text

21.5.9 In the event that any person exercising access under Section 21.5.1 causes damage to Inuit Owned Lands, and Government and the DIO are unable to agree on compensation for damages, the matter shall be referred to the Arbitration Board, for the determination of liability and fixing of appropriate compensation pursuant to Article 38.

21.5.10 The Department of National Defence (DND) shall have no greater rights to conduct military manoeuvres, including exercises and movements, on Inuit Owned Lands than it has with respect to other non-public lands under generally applicable legislation. For greater certainty, this section shall prevail over Sections 21.5.11 and 21.5.12.

21.5.11 The Minister of National Defence may authorize access to Inuit Owned Lands and water on Inuit Owned Lands for the execution of manoeuvres by the Canadian Forces pursuant to Section 257 of the National Defence Act and with the exception of Section 21.5.10 nothing in this Article applies to or affects such access authorized by the Minister of National Defence.

21.5.12 Other than access for those manoeuvres referred to in Section 21.5.11, access onto and across Inuit Owned Lands and water on Inuit Owned Lands for each manoeuvre shall only occur after the negotiation and conclusion of an agreement with the DIO dealing with contact persons, consultation mechanisms and timing thereof and compensation for damages, which agreement may be amended from time to time. Land use fees shall not be charged.

21.5.13 Reasonable advance notice, in Inuktitut, of military manoeuvres shall be given by DND to the inhabitants of any area affected.

21.5.14 The rights of access to Inuit Owned Lands under this Part, except under Section 21.5.2, are not subject to the payment of any fee, or any term or condition, except as provided in this Part.

21.5.15 In this Part, "Government" includes municipal corporations.

PART 6: SAND AND GRAVEL

21.6.1 Notwithstanding anything in Sub-Section 19.2.1(b), if Government requires sand and gravel and other like construction materials from Inuit Owned Lands for public purposes, but the DIO refuses to permit Government to take the said materials, Government may apply to the Tribunal for an entry order enabling the removal of such material.

21.6.2 The Tribunal shall grant an entry order if, and only if, it determines that:

(a) the materials are required for public purposes; and

(b) no alternative supply is reasonably available.

21.6.3 If an entry order is granted, Government shall pay the DIO, for the materials removed, the greater of:

(a) $1.00 per cubic metre, valued at the date of ratification of the Agreement and indexed by the Final Domestic Demand Implicit Price Index; or

(b) the royalty rate imposed by the Crown, as amended from time to time, on the extraction of such materials from Crown lands.

21.6.4 The Tribunal shall determine the terms and conditions for access and compensation for access, and such compensation shall be determined in accordance with Section 21.8.3. The calculation of compensation shall not take into account any amount mentioned in Section 21.6.3, or the payment of any entry fee required by legislation.

21.6.5 An entry order shall include terms and conditions to minimize the damage and interference with Inuit use, and shall also provide that Government rehabilitate the site.

PART 7: THIRD PARTY ACCESS

Existing Interests

21.7.1 Where Inuit Owned Lands are subject to,

(a) a third party interest other than an interest in minerals, or

(b) a third party interest in respect of specified substances,

in existence immediately before the vesting of the Inuit Owned Lands in the DIO, the third party interest shall continue in accordance with its terms and conditions, but the DIO shall assume the rights and obligations of the Crown in relation to any such interest. The DIO shall receive whatever consideration is paid or payable by the interest holder for the use or exploitation of these lands and specified substances in respect of any period following the date of vesting.

21.7.2 Where Inuit Owned Lands held in the form referred to in Sub-Section 19.2.1(a) are subject to a third party interest in minerals other than specified substances, in existence immediately before the vesting of the Inuit Owned Lands in the DIO, that interest shall continue in accordance with its terms and conditions, including rights granted to the interest holder under the legislation in force at the date of vesting pursuant to which the interest is held, or from any successor legislation applicable to similar interests on Crown lands. Any provisions of such successor legislation that would have the effect of diminishing the rights of the DIO shall only apply to Inuit Owned Lands with the consent of the DIO. The DIO shall receive whatever consideration is paid or payable by the interest holder for the use or exploitation of the minerals other than specified substances in respect of any period following the date of vesting.

21.7.3 Every third party interest referred to in Section 21.7.2 shall continue to be administered by Government in accordance with legislation applicable to similar interests in Crown lands. Subject to any consent from the DIO required by Section 21.7.2, such legislation, including any successor legislation, shall be deemed to apply to the third party interest unless the holder of that interest and the DIO agree to the administration of that interest by the DIO. Upon notification by the interest holder and the DIO of such an agreement, the legislation shall no longer be deemed to apply to that interest and Government shall do whatever is required to transfer administration to the DIO.

21.7.4 Subject to Section 21.7.5, all powers, discretions and authorities in relation to third party interests referred to in Section 21.7.2, affecting the interest of the DIO as title holder, shall be exercised by Government in consultation with the DIO.

21.7.5 Where Government has the discretion to reduce or waive a royalty payable by a third party interest holder referred to in Section 21.7.2, such discretion shall not be

exercised without the written consent of the DIO.

21.7.6 Government shall share with the DIO any information received from a third party interest holder referred to in Section 21.7.2 which that party is required to provide by legislation, where such information is required to permit the DIO:

(a) to verify the consideration paid or payable to Government by the interest holder for the use or exploitation of the minerals other than specified substances; or

(b) to participate in consultation with Government regarding third party interests as provided for in this Article.

21.7.7 A DIO receiving any information or documentation pursuant to Section 21.7.6 shall not disclose that information or documentation.

Exercise of Rights Respecting Minerals

21.7.8 An operator may exercise rights to explore, develop, produce or transport minerals, in, on or under Inuit Owned Lands only in accordance with the Agreement.

21.7.9 A person having a right to prospect for minerals and whose activities are of a nature that would not require a land use permit under the Territorial Land Use Regulations (SOR/77-210, March 4, 1977) if they were conducted on Crown lands, shall have a right of access to Inuit Owned Lands, for the purpose of conducting those activities, with the consent of the DIO, and the DIO shall grant its consent if the activities are conducted in a manner consistent with the code for expedited prospecting access approved pursuant to Section 21.7.10.

21.7.10 For the purpose of Section 21.7.9, the DIO shall propose, for review with Government and relevant industry organizations, a code to provide expedited prospecting access to Inuit Owned Lands, which code shall come into effect upon approval by Government and the DIO. The code shall reflect the need to provide confidentiality for prospectors.

21.7.11 Except where the operator is exercising a right of access under Section 21.7.1 or 21.7.9, no operator may exercise the rights referred to in Section 21.7.8 until it has obtained the consent of the DIO for the exercise of surface rights to Inuit Owned Lands. If the operator is unable to obtain the consent of the DIO, it may apply to the Tribunal for an entry order for its required purpose.

21.7.12 A person having a right to prospect for minerals shall, when applying to the Tribunal, make a separate application in respect of each parcel of Inuit Owned Lands, as indicated by the parcel designator, on which that person intends to exercise a right of access. The Tribunal shall take into account the need to provide confidentiality for prospectors.

21.7.13 Where a person who has no other right of access under this Agreement, requires access to Inuit Owned Lands to exercise a right under legislation to explore, develop, produce or transport minerals on lands other than Inuit Owned Lands,

the provisions of Part 8 shall apply where it is established before the Tribunal that such access is reasonably required.

Other Commercial Purposes

21.7.14 Where the DIO has consented to permit a third party to cross Inuit Owned Lands for commercial purposes but they are unable to agree on appropriate compensation, the matter shall be referred to the Tribunal for resolution.

Amended-P.S. 2017-383 April 13, 2017

21.7.15 Where a person requires access across Inuit Owned Lands for commercial purposes, and is not otherwise covered in this Article, that person shall be permitted access, including on a seasonal basis where appropriate, with the consent of the DIO or, if such consent is not forthcoming after an arbitrator, in accordance with