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Overview of the Draft Final Agreement on the creation of the

Nunavik Regional Government

The Draft Final Agreement

The substance of the Final Agreement and the Agreement-in-Principle which was signed three years ago is very similar. Anyone reading the two documents will find that they address the same matters and provide for the same outcome. The various sections of the Final Agreement have been reorganized for better presentation, and there is a little more precision in some of its provisions, especially those concerning financing and transitional measures.

The big difference between the two documents is that once ratified and signed by the three parties (Makivik, Quebec, and Canada), the Final Agreement will be a legally binding document. The Final Agreement will actually set in motion the activities required to bring the Nunavik Regional Government into existence. By comparison, the Agreement-in-Principle was not legally binding.

Building on the existing institutions

In both the Agreement-in-Principle and the Final Agreement, the amalgamation of the three major public institutions operating in Nunavik was accepted as the best approach for developing a new form of government for the region. In fact the structures, powers, and resources of these institutions would provide the basis for the Nunavik Regional Government.

It is therefore worth reviewing the nature and origin of these three institutions, namely, the Kativik Regional Government (KRG), the region’s supra municipal government, the Kativik School Board (KSB), and the Nunavik Regional Board of Health and Social Services (NRBHSS).

The KRG, KSB, and NRBHSS, or their predecessors, have been in existence for approximately three decades , and they trace their origin to provisions of the James Bay and Northern Quebec Agreement (JBNQA), the country’s first modern land claim agreement. These institutions are largely the result of an Inuit decision to negotiate the establishment of public institutions as a means of participating in the decision making process affecting their lives and the region north of the 55th parallel.

The KRG, KSB, and NRBHSS hold very important mandates in their respective fields of activity and responsibility, and they exercise their jurisdiction throughout all of Nunavik. Despite occasional growing pains, these organizations, or their predecessors, have successful track records going back 30 years or more. The KRG, KSB, and NRBHSS are non-ethnic in nature, and open to the full participation of Inuit and non-Inuit residents of Nunavik. In accordance with the terms of the JBNQA, these public institutions were created through legislation adopted by the Quebec National Assembly.

The Nunavik Regional Government would very much be the product of the amalgamation of the KRG, KSB, and NRBHSS. By building on these institutions, the creation of the Nunavik Regional Government would not represent an abrupt change in the course of the development of governmental institutions in Nunavik. Rather, it would be an evolution of what began over 30 years ago with the establishment of public institutions in Nunavik. In this context, the creation of the Nunavik Regional Government can be described as replacing some existing structures with a unifying governmental structure.

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At the same, it is important to realize that the Nunavik Regional Government will not be an end in itself. It too will be an institution that will evolve to meet changing circumstances and future needs. The Final Agreement already anticipates this with a provision that indicates that the Parties will seek authorities to begin be second phase of negotiations on providing the NRG will additional powers.

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Summary of the Final Agreement

on the Creation of the Nunavik Regional Government

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Part I This part sets out a number of overall statements about the Final Agreement and its objectives, and has some legal provisions for its interpretation.

Objectives of the Final Agreement

Part I indicates that the objective of the Final Agreement is to bring about the creation of the Nunavik Regional Government (NRG) for all of Nunavik’s residents through two phases. The first phase will see the amalgamation of existing public institutions into a unified entity which would be the Nunavik Regional Government. The second phase foresees another round of negotiation to provide new powers for NRG.

Overriding Principles

Part I also contains the overriding principles for the Final Agreement. For the most part, these are taken directly from the Framework Agreement and the Agreement-in-Principle which were signed in 2003 and 2007 respectively.

These principles state that, as is currently the case with the organizations that would be amalgamated, the NRG would be non-ethnic in nature, open to the participation of all residents of Nunavik, and subject to Quebec and federal charters of rights. The creation of the Nunavik Regional Government would be made possible through amendments to the JBNQA, and as is the case with KRG, KSB, and NRBHSS, it would be created under provincial jurisdiction by legislation adopted by the Quebec National Assembly. Moreover, the languages used in the NRG would be in keeping with the existing laws, legal rights and obligations that are currently applicable to KRG, KSB, and NRBHSS.

Other overriding principles provide, for example, that the NRG would comply with transparency rules and accountability principles, that it would maintain and strive to improve the quality and level of public services in the region, and that the creation of the new government would not prejudice the rights of the Inuit, Cree or Naskapi as set out in their land claim agreements.

The overriding principles make it clear that the NRG would be accountable to the residents of Nunavik. They also include a provision which stipulates that nothing in the Final Agreement would prejudice the legal status, rights, or obligations of Makivik, the organization responsible for promoting and protecting the rights and interests of Inuit under the James Bay and Northern Quebec Agreement.

Definitions

A “Definitions” section is found at the beginning of Part I . These are intended to give some legal precision to some of the words that are used in the agreement. Most of the definition state the obvious and are a standard part of legal documents. However, one of the key definitions concerns the “amalgamation date”. It is defined as the date that would be identified in Quebec legislation when the KRG, KSB, and NRBHSS would

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cease to exist and the NRG would come into being. The “amalgamation date” would trigger a number of important events and appear in several places in the Final Agreement.

Part II This is the largest and one of the more important parts of the Final Agreement. It describes the function and new structure that would be put in place for the Nunavik Regional Government.

The creation of the Nunavik Regional Government

This part makes it clear that the Nunavik Regional Government would assume all the powers, functions, responsibilities, resources, and assets of KRG, KSB, and NRBHSS, and that the ordinances, by-laws, and regulations of these organization would generally remain in effect until the NRG decides otherwise, or unless modified by the transition process. The NRG would be subject to the same laws, legal rights, and obligations applicable to the KRG, KSB, and NRBHSS.

Part II states that certain bodies such as the Northern Villages, Hospital Corporations, and Education Committees would retain their existing status and rights, but it also explains how the relationships these bodies had with KRG, KSB, or NRBHSS would be transferred to the NRG.

The Nunavik Assembly

This part of the Final Agreement describes the basic structure and operations of the elected assembly, which is the body that would replace the Boards and Councils of the KRG, KSB, and NRBHSS.

The Nunavik Assembly would be composed of 20 members. Each community in Nunavik would elect a representative to this body. The Assembly would also include five members elected at large by voters in all the Nunavik communities, and one of these five representatives would be elected specifically as the Leader of the Nunavik Regional Government. In keeping with the fact that Naskapi currently have a seat on the KRG Council, they would have a representative in the new Nunavik Assembly.

Each member of the Nunavik Assembly would have one vote, and those representing communities with over 2000 residents would have a second vote. This is modeled after the system that currently exists with the KRG. The Nunavik Assembly would sit for at least four sessions every year, and the first sitting would take place within one month following the “amalgamation date”.

The Nunavik Assembly would have the power to establish permanent or temporary committees to deal with, or examine various issues.

The Executive Council

The Executive Council would replace the Executive Committees of the KRG, KSB, and NRBHSS. The five representatives elected at large to the Nunavik Assembly, including the Leader of the Government, would fill the positions on the Executive Council. These people would be responsible for overseeing the day-to-day activities and operations of the various departments of the NRG. These would be full-time positions within the Nunavik Regional Government. It would be up to the Leader of the Government to assign specific responsibilities to each member of the Executive Council, and this allocation of responsibilities would be submitted to the Nunavik Assembly for approval.

Individuals holding positions on the Executive Council would be full members of the Nunavik Assembly, and would be entitled to introduce business, respond to questions, and participate in debates in the assembly.

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Administration & Departments

Part II of the Final Agreement also describes the initial administrative design and departments that would be put in place for the Nunavik Regional Government.

Essentially, the administrative structure which currently comes under the KRG would generally remain intact and become the Department of Local and Regional Affairs under the Nunavik Regional Government. The same would be true for most of the structure and operations of the KSB, which would become the Nunavik Regional Government’s Department of Education. Likewise, and the administration and activities of the NRBHSS would become the Department of Health and Social Services.

Although the administrative structures and functions of KRG, KSB, and NRBHSS would largely remain intact as departments of the Nunavik Regional Government, there would be an exception. Certain administrative activities which are common to these organizations, supportive in nature, and not related to a specific field of activity, would be regrouped into a new unit which would be known as the Department of Central Administration and Finances. Payroll, bookkeeping, and maintenance are examples of the general type of functions that would be handled by this department.

In addition to the four departments described above, there would also be a Secretariat General. It would be the core of the administrative governance of the Nunavik Regional Government, and its main function would be to provide support for the Executive Council and to play a co-ordinating role among the different departments of the NRG. There would also be a Budget and Resource Management Policy Secretariat that would be responsible for the NRG overall budget and expenditure control processes.

The NRG would inherit the staff from the organizations that would be amalgamated. Although it would facilitate staff mobility between its administrative units, it would be bound by union accreditation and collective agreements that are in force at the time of the “amalgamation date”. New positions created within the NRG would first be offered to employees of KSB, KRG, and NRBHSS, but no one would be obligated to fill these positions. The Nunavik Regional Government would also be bound by programs and laws on pay equity. Working conditions of employees in the NRG’s education and health departments would be governed by relevant Quebec laws applicable to public and parapublic sectors or the health and social service agencies, as the case may be.

Elections

General elections for the Nunavik Assembly and Executive Council would take place every three years on the first Wednesday of November. In order to be ready to assume their responsibilities the day the NRG comes into existence, the initial election of the Assembly would take place shortly before the “amalgamation date”.

The Final Agreement sets out a number of detailed rules for the election of the Nunavik Assembly and Executive Council. Many of these were developed in consultation with the Director General of Quebec Elections. Moreover, the Director General of Quebec Elections would provide advice and support to those organizing the initial election of the Nunavik Assembly.

Individuals who are normally eligible to vote in Quebec elections, are at least 18 years old , are domiciled in Nunavik for at least one year would be able to vote in the election for NRG. Additionally, candidates in the election of the Nunavik Assembly and Executive Council would have to be domiciled in Nunavik for at least 3 years.

Budget and financial matters

The Final Agreement states that NRG’s fiscal year would be from April 1 to March 31, and that it would assume financial responsibilities and undertakings of KRG, KSB, and NRBHSS relating to such things as budgets, surpluses, deficits, audits, loans, contracts and liabilities. The NRG would generally have to adopt balanced budgets, unless authorized to do otherwise by the relevant Quebec Minister. It would be able to use any surplus as reserve funds for future needs. There are also provisions on how the NRG would make loans, award contracts, and be audited.

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Advisory Councils & Advisory Bodies

The Nunavik Assembly would have to establish the following bodies, and maintain them for at least three years after the “amalgamation date”:

• Advisory Council on Education;

• Advisory Council on Elders;

• Advisory Council on Health and Social Services;

• Advisory Council on municipal affairs.

The Nunavik Assembly would be responsible for appointing members to the Advisory Councils and for determining their mandate, structure, and procedures. In addition to the Advisory Councils, the Assembly would be able to consult Nunavik organizations and associations as special advisory bodies.

Bilateral Committee & the Naskapi Nation of Kawachikamach

A Bilateral Committee would be established as part of the NRG to consider certain matters relating to the Naskapi Sector north of the 55th parallel. It would be composed of 3 members from the NRG, 3 members from the Naskapi Nation, and a Chair appointed by Quebec. The Bilateral Committee would have 60 days to consider any decision affecting the Naskapi Sector and to submit recommendations regarding the decision.

Relations with Governments, Makivik & others

Part II of the Agreement indicates that NRG would maintain a relationship with various Quebec ministers related to matters coming under its jurisdiction, and that there would also be a Quebec minister responsible for the province’s overall relationship with the NRG. The NRG would maintain an ongoing and evolving relationship with Makivik and Canada.

The relationship with the Cree Nation would be governed by the need to consult its organizations before changes are made to NRG which could affect Cree Category II land north of the 55th parallel, and on the terms of any supplementary agreement to provide the NRG with new powers. The NRG would also be able to enter into discussions with First Nations and Inuit in neighbouring regions on matters of common interest.

The Transition Committee

Although it would be short-lived, the Transition Committee would be one of the more important bodies that would be established under the Final Agreement. This committee would have the legal power to ensure that everything is ready and operational the day the NRG comes into existence, and to ensure the orderly amalgamation of the KRG, KSB, and NRBHSS. In order to carry out its mandate, the Transition Committee would also have the power to make some short term decisions on behalf of the NRG. For example, it would prepare the initial budget of NRG for its first year of operation.

The Transition Committee would be established through Quebec legislation some time before the creation of the NRG, and it would cease to exist on the “amalgamation date”. The committee members would include individuals with direct knowledge and experience in the operations of KRG, KSB, and NRBHSS.

Phase Two

The provisions concerning Phase Two are significant because they indicate that as soon as possible after the “amalgamation date”, the parties to the Final Agreement would seek to obtain authorities to begin negotiations on a supplementary agreement which could provide the NRG with new powers. Except for some financing provisions, the Final Agreement does not limit the scope or subject matters for these future negotiations. Since the Nunavik Regional Government would exist at that time, it would be a party to these negotiations jointly with Makivik.

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Part III Financing

Part III of the Final Agreement addresses how the NRG would be funded. Essentially, it states that all funding and resources provided to the KRG, KSB, and NRBHSS would go to the Nunavik Regional Government. It also indicates that financial transfers from Canada to Quebec for education and housing in Nunavik would continue in accordance with current practices.

Part III also outlines how funds would generally be used within the Nunavik Regional Government. With the exception of resources to be used to support certain centralized functions, funding associated with KRG would mainly be used to finance the Nunavik Department of Local and Regional Affairs, monies associated with KSB would be primarily directed to the Nunavik Department of Education, and finances for the NRBHSS would generally flow to the Nunavik Department of Health and Social Services.

The Final Agreement indicates that no later than three years after the “amalgamation date”, NRG, Quebec, and Canada would conduct a review of funding regimes with the objective of working cooperatively to develop new funding arrangements that would be suited to the NRG. Where appropriate, these arrangements would include block funding agreements for recurrent programs and services. Afterward, a review of funding regimes would take place every five years.

Along with the signing of the Final Agreement, the parties would conclude a Fiscal Financing Agreement which would set out the level and mechanisms of the new governance funding of the NRG that is over and above the funding provided to KRG, KSB, and NRBHSS at the time of amalgamation.

The Final Agreement also indicates that Quebec, Canada and the NRG would each have a role in supporting the governance of the NRG through direct or indirect financial support. Own source revenue arrangements would not apply to federal or provincial funding for programs and services; arrangements for own source revenue contributions by NRG would only apply to new governance funding.

Part IV

Implementation

There would be an implementation plan that would accompany the Final Agreement, but it would not form part of it. The plan would be a legally binding contract that would set out the activities, responsibilities, and time frame for the implementation of the Final Agreement. There would also be an Implementation Committee composed of three members, with Canada, Makivik and Quebec each appointing one person. This Committee would monitor the implementation of the Final Agreement, discuss implementation issues, and carry out reviews of the implementation process. The first review would take place no later than 3 years after the “amalgamation date”.

Part V

This is the last part of the Final Agreement and it deals with the ratification process, the coming into force of the agreement, amendments, and a dispute resolution mechanism.

Ratification

Part V explains that the Final Agreement would only be signed after it has been ratified by the residents of Nunavik in a referendum, and by the Governments of Quebec and Canada through their respective approval processes.

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This part of the agreement also provides a number of detailed rules for the referendum that will be held in Nunavik. Essentially, every person who is at least 18 years old, a Canadian Citizen, and has been domiciled in Nunavik for a year or more, and normally eligible to vote under electoral laws, will be able to vote in the referendum. In addition, measures will be taken to allow eligible beneficiaries of the JBNQA living outside the territory to vote in the referendum.

The Final Agreement states that the referendum question will be: “Do you approve the Final Agreement on the creation of the Nunavik Regional Government?”

Coming into Force & amendments

This Final Agreement would come into force upon its signing by the parties, and it may be amended with the written consent of the parties

Dispute resolution mechanism

Part V also has provisions which indicate that the parties to the agreement and the NRG would attempt to avoid going to court over disputes concerning the Final Agreement. As a result, the agreement provides for a dispute resolution mechanism. Basically, the dispute resolution mechanism states that parties would first try to resolve their dispute through informal discussions, and if this fails, they would refer the dispute to an independent and impartial third party for mediation. If the parties agree, they could submit the dispute for arbitration.