ARTICLE 19

TITLE TO INUIT OWNED LANDS

PART 1: DEFINITIONS

19.1.1 In this Article:

"land titles office" means the office of the registrar;

"natural boundary" means a boundary described in relation to the position of a natural feature;

"property description" means

(a) in the case of those lands that vest pursuant to Section 19.3.1, any of the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 or any plan replacing any of those maps pursuant to Section 19.8.4 or 19.8.12, and

(b) in the case of those lands that vest pursuant to another section of the Agreement, the map or plan or other description of those lands;

"significant deposit" means a deposit of carving stone determined by the DIO to be suitable for the exercise of Inuit rights under Sections 19.9.2 and 19.9.7;

"Surveyor General" means the Surveyor General of Canada Lands appointed in the manner authorized by law or a person authorized by the federal Minister of Energy, Mines and Resources to carry out any or all of the duties of the Surveyor General.

PART 2: FORM OF TITLE

19.2.1 Inuit Owned Lands shall be held in either of the following forms:

(a) fee simple including the mines and minerals that may be found to exist within, upon or under such lands; or

(b) fee simple saving and excepting the mines and minerals that may be found to exist within, upon or under such lands, together with the right to work the same, but including the right to all specified substances.

19.2.2 The right to work minerals referred to in Sub-Section 19.2.1(b) does not entail the right to empower a person to explore, develop, produce or transport minerals in, on or under Inuit Owned Lands except in accordance with Article 21.

19.2.3 Where a third party holds a mineral interest from the Crown in relation to lands, title to which is held by Inuit in the form referred to in Sub-Section 19.2.1(a) or (b), the third party shall have the right to remove, work and use all or any specified substances in the lands subject to that mineral interest in the course of

exercising the rights accorded by the interest, provided that such removal, working or use is strictly incidental to the working of the interest. No compensation shall be payable by the third party to the DIO for such specified substances except:

(a) as may be provided under Part 7 of Article 21; and

(b) where the specified substances are used for a purpose not directly related to the exercise of that mineral interest.

19.2.4 Any dispute as to the amount of any compensation payable or the circumstances in which it becomes payable under Section 19.2.3 may be referred by either the DIO or the third party to the Tribunal for resolution. Amended P.C. 2009-132 January 29, 2009

19.2.5 Unless otherwise provided in a property description,

(a) where a river, stream, lake or other water body is wholly contained within the boundaries of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall include the bed of that water body;

(b) where a boundary of a parcel of Inuit Owned Lands crosses a river, stream, lake or other water body, title to that parcel of Inuit Owned Lands shall include the bed of the part of that water body within the boundaries of that parcel; and

Original Text

(c) where a bank of a river, stream, lake or other water body forms a boundary of a parcel of Inuit Owned Lands, title to that parcel of Inuit Owned Lands shall not include the bed of that water body.

19.2.5 Unless otherwise provided in a property description, title to Inuit Owned Lands shall include title to those lands covered by water except where:

(a) a bank of a river, stream, lake or other water body forms the boundary of a parcel of Inuit Owned Lands; or,

(b) in the case of a lake or other water body, Inuit Owned Lands do not enclose the lake or water body.

19.2.6 Inuit Owned Lands shall not include areas described in Schedule 19-1 and shown on the map appended thereto for information purposes only, or marine areas.

19.2.7 Notwithstanding anything in Section 19.2.5, Government has the right, subject to the Agreement, to protect and manage water and land covered by water, and to use water in connection with such right, throughout the Nunavut Settlement Area for public purposes, including:

(a) management and research in respect of wildlife, and aquatic habitat;

(b) protection and management of navigation and transportation, establishment of navigation aid devices, and dredging of navigable water bodies;

(c) protection of water resources from contamination and degradation; and

(d) flood control and fire fighting.

PART 3: VESTING OF INUIT OWNED LANDS UPON RATIFICATION

19.3.1 Upon ratification of the Agreement, the Inuit Owned Lands totalling an area at least equal to the amounts specified in Schedules 19-2 to 19-7 and shown on the maps titled Inuit Owned Lands, Ownership Map, in the series Nos. 1 to 237 shall vest in the DIO in the form indicated on those maps and in accordance with the descriptions on those maps.

19.3.2 The maps referred to in Section 19.3.1 are those maps that were jointly delivered by the Parties to the registrar on the 15th day of April 1993.

19.3.3 A copy of the maps referred to in Section 19.3.1, certified by both Parties as true and accurate, shall be provided to each of the Parties prior to the delivery of the maps pursuant to Section 19.3.2.

19.3.4 The registrar shall record the fact of the vesting of title in the DIO of the Inuit Owned Lands referred to in Section 19.3.1 as soon as possible after the date of ratification of the Agreement.

PART 4: FUTURE INUIT OWNED LANDS

19.4.1 Government shall grant to the DIO, as Inuit Owned Lands in the form referred to in Sub-Section 19.2.1(b), the lands described in an item of Part I or II of Schedule 19-8:

(a) in the case of Part I of the Schedule, six months after

(i) the DIO provides Government with a letter obtained from the lessee referred to in that item stating that the lessee consents to its lease being located on Inuit Owned Lands, or

(ii) the lease referred to in that item terminates,

whichever event first occurs, on the condition the consent is given or the lease terminates within two years of the date of ratification of the Agreement; and

(b) in the case of Part II of the Schedule, when Government declares the lands to be surplus to its needs and the DIO pays Government their fair market value.

19.4.2 The lands described in an item of Part III of Schedule 19-8 shall vest in the DIO as Inuit Owned Lands in the form referred to in Sub-Section 19.2.1(b) on the date or event specified in that item.

PART 5: FUTURE INUIT OWNED LANDS STATUS

19.5.1 Any portion of the lands in Pangnirtung described in an item of Schedule 19-9 shall become Inuit Owned Lands in the form referred to in Sub-Section 19.2.1(b) when the DIO acquires the fee simple interest to that portion at no cost to Government.

PART 6: FUTURE GRANTS TO GOVERNMENT

North Warning System Microwave Repeater Sites

Amended-P.C. 2018-383 April 13, 2017

19.6.1 The DIO shall grant to Government, at no cost to Government, for microwave repeater structures to be established as part of the North Warning System,

(a) its full interest in the parcels of Inuit Owned Lands specified in Part I of

PART 7: ALIENATION OF INUIT TITLE

19.7.1 Subject to Section 19.7.2, title to Inuit Owned Lands shall not be conveyed, transferred or otherwise disposed of by the DIO except to another DIO or the Government of Canada or as otherwise provided in the Agreement.

19.7.2 Within a municipality, title to Inuit Owned Lands may be conveyed, transferred or otherwise disposed of by the DIO to the Government of Canada, Territorial Government or a Municipal Corporation as appropriate.

19.7.3 Sections 19.7.1 and 19.7.2 shall not be construed as preventing the grant of leases, licences or any other interest less than fee simple title in or over Inuit Owned Lands by the DIO.

PART 8: PROPERTY DESCRIPTIONS, SURVEYS AND BOUNDARIES

Descriptive Map Plans

19.8.1 Government shall prepare, and, within two years of the date of ratification of the Agreement, complete at no cost to the DIO, descriptive map plans for all Inuit Owned Lands vesting pursuant to Section 19.3.1 or Sub-Section 19.4.1(a) that have not been surveyed and that are not required to be surveyed pursuant to Sub- Section 19.8.8(d).

19.8.2 Subject to Section 19.8.3, the descriptive map plans prepared pursuant to Section

19.8.1 shall contain text incorporated directly onto plans derived from National Topographic Series maps with the necessary detail appearing at a scale not smaller than 1:250,000, describing in detail the boundaries of Inuit Owned Lands.

19.8.3 For the purpose of the descriptive map plans prepared pursuant to Section 19.8.1, the boundaries of Inuit Owned Lands within municipalities shall be described on 1:2,000 scale municipal maps or on plans derived from the National Topographic Series maps with necessary detail appearing at a scale not smaller than 1:50,000.

19.8.4 Upon approval by the DIO and Government, the descriptive map plans prepared pursuant to Section 19.8.1 shall be jointly delivered by the Parties to the registrar at no cost to the DIO and shall, immediately upon delivery, become the property descriptions of Inuit Owned Lands, replacing the initial property descriptions,

effective as of the date of ratification of the Agreement.

19.8.5 Upon delivery pursuant to Section 19.8.4 of any descriptive map plan for any parcel of Inuit Owned Lands that vests under Section 19.3.1 or Sub-Section 19.4.1(a), the Minister shall deposit with the registrar a notification that the parcel of Inuit Owned Lands has been vested in the DIO and this notification shall be accepted by the registrar and dealt with in all respects, including the issuance of a certificate of title, as if it were letters patent in favour of the DIO, even if there is no plan of survey and regardless of the size of the parcel.

19.8.6 A notification referred to in Section 19.8.5 shall specify that the title is subject to any qualifications provided by the Agreement.

19.8.7 After deposit of a notification under Section 19.8.5, a notice to the registrar from a DIO in which title to Inuit Owned Lands is vested that another DIO has full authority in respect of those lands shall be dealt with in all respects as if it were a grant of title from the former DIO to the other DIO.

Surveys

19.8.8 The majority of Inuit Owned Lands will not require surveys to determine the boundaries, however:

(a) the boundaries or part of the boundaries of Inuit Owned Lands shall be surveyed by Government when the DIO and Government agree that surveys are required to avoid or resolve conflicts with another title or interest holder;

(b) the boundaries or part of the boundaries of Inuit Owned Lands may for any purpose be surveyed at Government's discretion;

(c) the boundaries of the parcels excluded from Inuit Owned Lands described in Schedule 19-12 shall be surveyed by Government within one year of the date of ratification of the Agreement; and

(d) the boundaries of Inuit Owned Lands within municipal boundaries that are described in Schedule 19-13 shall be surveyed by Government within three years of the date of ratification of the Agreement.

19.8.9 The Government of Canada shall be responsible for the cost of each legal survey which is conducted pursuant to Section 19.8.8 provided that this provision shall not prevent that Government from levying charges in respect of such surveys on any person whose lands abut Inuit Owned Lands.

19.8.10 Government shall not be responsible for the costs of surveys associated with the leasing or subdivision of Inuit Owned Lands.

19.8.11 Each boundary survey conducted pursuant to Section 19.8.8 shall be conducted and monuments shall be placed in accordance with the instructions of the Surveyor General and the Canada Lands Survey Act, as if the lands were still Crown lands.

19.8.12 Where a legal survey is completed for any boundary or any part of a boundary of Inuit Owned Lands, the plan of survey, when signed by the DIO and Government and delivered to the registrar, shall become the property description for that boundary or that part, replacing any previous property description of that boundary or that part, effective as of the date of ratification of the Agreement.

Natural Boundaries

19.8.13 Natural boundaries of Inuit Owned Lands along waters shall be located at the ordinary high water mark, unless otherwise indicated in property descriptions.

19.8.14 Notwithstanding Sections 19.3.1, 19.8.4 and 19.8.12 and for greater certainty, natural boundaries, including offset natural boundaries, of Inuit Owned Lands shall move with the various natural processes of erosion and accretion, including isostatic rebound of coastal areas, and any other natural movement of the natural feature in relation to which the boundary is described that is gradual and imperceptible from moment to moment.

19.8.15 Subject to Section 19.8.12, where a survey of Inuit Owned Lands is being conducted and where any natural boundary of Inuit Owned Lands is found to be unclear, the Surveyor General shall have the authority to place a series of monuments approximating the mean position of the intended boundary.

19.8.16 Lands within 100 feet of the boundary of the Nunavut Settlement Area shall not be Inuit Owned Lands, except where the bank of a river or lake forms part of the boundary of the Nunavut Settlement Area and can be used to clearly locate the Inuit Owned Lands parcel as being within the Nunavut Settlement Area.

Subsurface Boundary Disputes

19.8.17 Any dispute as to boundaries between the holders of recorded mineral claims, one or more of which is,

(a) in existence at the date of ratification of the Agreement, or

(b) recorded after the date of ratification of the Agreement but under the terms of a prospecting permit in effect on the date of ratification of the Agreement,

and which is located in whole or in part on Inuit Owned Lands held in the form referred to in Sub-Section 19.2.1(a) shall be resolved in accordance with the provisions of the Canada Mining Regulations in existence at the date of ratification of the Agreement.

19.8.18 Any disputes as to boundaries between a holder of a recorded mineral claim described in Sub-Section 19.8.17(a) or (b) and the holder of an interest created by the DIO in Inuit Owned Lands held in the form referred to in Sub-Section 19.2.1(a) shall be resolved in accordance with the provisions of the Canada Mining Regulations in existence at the date of ratification of the Agreement.

19.8.19 The registrar shall, upon deposit of a decision pursuant to Section 19.8.17 or

19.8.18 in the land titles office, reflect that decision in any documents registered in the office.

PART 9: RIGHTS TO CARVING STONE

19.9.1 Following the date of the ratification of the Agreement, Government shall notify the DIO of the discovery of any deposits of carving stone on Crown lands.

19.9.2 Following the date of the ratification of the Agreement, the DIO shall, subject to Government obligations respecting third party rights, have the right:

(a) to obtain an exclusive quarry lease to significant deposits of carving stone; or

(b) to acquire title to the land containing significant deposits of carving stone in exchange for other Inuit Owned Lands.

Lands acquired under Sub-section (b) shall be Inuit Owned Lands.

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

19.9.3 If Government and the DIO cannot agree on the lands to be exchanged pursuant to Sub-Section 19.9.2(b), the matter shall be resolved in accordance with Article 38.

Original Text

19.9.3 If Government and the DIO cannot agree on the lands to be exchanged pursuant to Sub-Section 19.9.2(b), the matter shall be referred to arbitration pursuant to