Nunavut Fishery Regulations

Enabling act(s): Fisheries Act

Description of the objective

The Nunavut Land Claims Agreement (Nunavut Agreement), a comprehensive treaty within the meaning of section 35 of the Constitution Act, 1982, Land Claims Agreement, was signed between the Inuit of the Nunavut Settlement Area and Canada in 1993 . The Nunavut Agreement was ratified , given effect to, and declared valid by the Parliament of Canada in 1993 with the coming into force of the Nunavut Land Claims Agreement Act.

Prior to 1993, and at the time of signing of the Nunavut Agreement, the Northwest Territories encompassed the area now known as Nunavut, and, as such, the Northwest Territories Fishery Regulations provided the management regime for implementing fisheries and resource management principles under the Fisheries Act.

While the Northwest Territories Fishery Regulations continue to apply within the Nunavut Territory, they have not been amended to fully reflect the principles and elements of the Nunavut Agreement. Instead, the Nunavut Fishery Regulations will be created.

Implementation of the Nunavut Agreement requires amendments to regulations made under the Fisheries Act, such as the Fishery (General) Regulations and the Marine Mammal Regulations.

The Government of Nunavut, the Nunavut Wildlife Management Board (an institution of public government established under the Nunavut Agreement) and Nunavut Tunngavik Incorporated (a designated Inuit organization under the Nunavut Agreement) have been asking for fishery regulations to fully implement the Nunavut Agreement. The development of the Nunavut Fishery Regulations is a commitment that the Minister of Fisheries and Oceans has made to these co-management partners.

The development of the Nunavut Fishery Regulations will help to:

• Ensure the sustainability of fish stocks and fisheries
• Recognize the existing responsibilities and authorities of fisheries management in Nunavut
• Recognize Inuit harvesting rights
• Support the implementation of the fisheries (wildlife) management provisions of the Nunavut Agreement

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply. The Nunavut Fishery Regulations will require amendments to other existing regulations.

Regulatory cooperation efforts (domestic and international)

There is no regulatory cooperation for this initiative.

Public consultation opportunities

The Nunavut Fishery Regulations will be developed in collaboration with Nunavut Tunngavik Incorporated, the Government of Nunavut, and the Nunavut Wildlife Management Board, along with Makivik Corporation representing the interests of Nunavik Inuit in areas of equal use and occupancy.

The Regulations will require extensive consultation and engagement with communities, Regional Wildlife Organizations and Hunters and Trappers Organizations in Nunavut. Consultation and engagement will also be required with other governments, Indigenous representatives and communities outside of the Nunavut Settlement Area.

Discussions with stakeholders and pre-publication of the regulatory proposal in Canada Gazette, Part I are expected to take place during the 2019-2021 planning period. Upon pre-publication, the public will have another opportunity to comment on the regulatory proposal during an official 30-day comment period.

Further information

• Consultation on Nunavut Fishery Regulations

Departmental contact

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2018