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NNSL photo/graphic

Signatories Premier Floyd Roland, left, minister of Indian and Northern Affairs John Duncan, Inuvialuit Regional Corporation chair Nellie Cournoyea, and witness Michael Miltenberger sign the devolution agreement-in-principle at the legislative assembly on Wednesday. - Tim Edwards/NNSL photo

What the agreement-in-principle means

Tim Edwards
Northern News Services
Published Friday, January 28, 2011

SOMBA K'E/YELLOWKNIFE - The final devolution agreement will only need signatures from the GNWT and the Government of Canada to come into effect.

It states regional aboriginal groups can sign on as parties to the agreement-in-principle after it is initially signed.

The devolution agreement-in-principle is only an agreement to enter the final stage of negotiations, though it is not legally binding.

Chapter 12 of the agreement states the GNWT is set to receive 50 per cent of all resource revenues - up to five per cent of it's budget - which in 2010 would have been about $60 million.

One quarter of that 50 per cent is to be then divided into sevenths and given to any of the seven regional aboriginal groups that sign on to the agreement: the Sahtu, Dehcho, Akaitcho, Tlicho, Gwich'in, Inuvialuit, and Metis Nation. Those that do not sign on will not get their portion.

Nothing in the agreement shall affect the constitution or give the NWT greater powers than a province.

The final devolution agreement is not allowed to delay, impair or impede the negotiations of agreements to do with unsettled land claims, and it will not adversely affect settled land claims. If there is a conflict between the land claim and devolution agreement, the land claim will prevail.

Onshore public lands and waters will transfer to the GNWT, and the legislative assembly will be given law-making authority over such. The GNWT will be able to sell and administer the land that it would own.

The agreement also reads mining leaseholders will be grandfathered into the new system, and aboriginal rights will not be lessened. The legislation of the GNWT concerning land and water will "mirror" the federal legislation so to assist the transition.

Canada retains the right to take back land and water if it's in the "national interest" - it cites examples such as taking land for expansion or creation of parks, for use in national defence, and for settling land claims.

Canada will also not be giving up its one-third ownership of the Norman Wells oil field.

The agreement-in-principle calls for an agreement between the GNWT and aboriginal governments to work together, and it speaks of an agreement to establish a forum between the governments to discuss land and water issues and policies.

The GNWT, the Inuvialuit Regional Corporation and the federal government are required to consult each other about issuing rights, regulating, and setting up royalty regimes for oil and gas, both onshore and offshore.

The federal government will remain responsible for cleaning up "waste sites," such as abandoned mines and discarded oil drums, which were created under its control.

There are also conditions that federal employees whose duties will be taken over by the GNWT be offered similar jobs by the GNWT, and some Indian and Northern Affairs buildings and resources will be transfered to the GNWT. There will be $26.5 million in one-time funding to be given to the GNWT by the federal government to cover the transfer process.

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