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Memorandum of Intent on Devolution and Resources Revenue Sharing 2001
|Date: ||22 May 2001|
|Sub Category:||Memorandum of Intent (MOI) (Canada) | Devolution Agreement (Canada)|
|Location:||Northwest Territories, Canada|
|Subject Matter:||Economic Development | Land Management | Mining and Minerals | Local Government | Management / Administration|
|Summary Information: |
|The Memorandum of Intent (MOI) was signed by the Leaders of the Intergovernmental Forum in Inuvik on 22 May 2001. The signatory parties are the Government of Canada, the Government of the Northwest Territories and the Aboriginal Summit. The MOI expresses a commitment to proceed with the negotiation of the transfer of legislative and administrative powers and responsibilities regarding land and natural resource use and management presently administered by the northern Affairs Program of the Department of Indian Affairs and Northern Development (DIAND) and the National Energy Board (NEB). The MOI sets out the objectives, principles, subject matter and processes necessary to 'guide discussions to establish a formal process on devolution and resource revenue sharing.'|
|Detailed Information: |
|The MOI establishes that Canada is prepared to devolve 'the legislative powers, programs and responsibilities for management of land, waters and natural resources […] currently administered by the Department of Indian and Northern Affairs for the Government of Canada'. It recognises that sound intergovernmental relationships are a central ingredient for effective government in the Northwest Territories and that NWT control over lands, waters and natural resources is fundamental to the economic future of the NWT. The objectives of the MOI are:|
That discussions should result in a process designed to transfer the legislative powers, programs and responsibilities for land, water, mines, minerals, oil and gas, the environment and archaeological resources;
To create a resource management regime in the NWT; and
To provide the NWT with a fair fiscal net benefit.
The principles of the MOI include:
That the final devolution transfer agreement will be consistent with land claim agreements and self-government agreements;
That existing land or resource rights of third parties will be respected;
That Canada will continue funding arrangements in the subject areas until the agreement comes into effect;
That the net fiscal benefit to the NWT will be shared between the Government of the NWT and Aboriginal Governments; and
That resources royalties allocated pursuant to land claim will not be affected.
The MOI also sets out subject matters for negotiation including post-devolution governance arrangements, devolution to territorial and aboriginal governments, the relationship between devolution transfer agreements and land claim and self-government agreements and arrangements for elected governments. The process for negotiations is also outlined. The MOI does not create binding legal rights or obligations.
Commitment to the principles of the MOI was reaffirmed by the Parties to the Northwest Territories Lands and Resources Devolution Framework Agreement 2004 to which it is appended.
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