History of Land Use Planning in Nunavut

In November 1980, the Department of Indian Affairs and Northern Development (DIAND), released a draft Cabinet discussion paper on northern land use planning to federal and territorial departments that would apply to the Yukon Territory and the Northwest Territories (which included Nunavut). The initial draft outlined a federally controlled planning initiative strongly supportive of industry interests.

Following a workshop to gather additional input to address initial concerns DIAND then released the Northern Land Use Planning Policy on July 30, 1981. While providing for representation of aboriginal organizations and the territorial government on planning structures, the policy still ensured DIAND would have control over all stages of the process.

DIAND and the Government of the Northwest Territories (GNWT) eventually negotiated a new planning system based on the existing division of jurisdictional responsibilities, but which allowed the GNWT a shared role in developing, approving and implementing plans. The Dene Nation, Métis Association of the Northwest Territories and the Tunngavik Federation of Nunavut also negotiated their involvement in planning with the two governments. On July 28, 1983 the historic “Basis of Agreement on Land Use Planning” was completed. Key sections of the Basis of Agreement on Land Use Planning include:

• Land use planning is a systematic process of decision–making relating to the conservation, development, management and use of land and resources, including inland waters and the offshore.
  
• The land use planning process includes implementation of land use plans, and the monitoring of land use conflicts.
  
• Social, cultural and economic interests of the human community are central to the policies that guide land use planning.
  
• The primary purpose of land use planning in the N.W.T. must be to protect and promote the existing and future well-being of the permanent residents and communities of the N.W.T., taking into account the interests of all Canadians. Special attention shall be devoted to protecting and promoting the existing and future well-being of the aboriginal peoples and their land interests as they define them.
  
• Land use planning shall be based in the North and shall be comprehensive, so as to reflect the regional and local interests and identities.

 The Nunavut Planning Commission Transition Team (NPCTT) operated under the Basis of Agreement on Land Use Planning. This work resulted in the preparation and approval of the Lancaster Sound Plan in December 1990 and the submission of the Keewatin Regional Land Use Plan (KRLUP) in September 1991. The KRLUP received approval from Canada in October 1994 and the GNWT in March 1995.

Following ratification of the Nunavut Land Claims Agreement (NLCA), July 9, 1993 the work of the NPCTT continued under the Nunavut Planning Commission (NPC). The NPC first revised the two approved plans to reflect the provisions of the NLCA. This resulted in the approval of both revised Keewatin and North Baffin (formerly Lancaster Sound) Regional Plans in June 2000. The NPC performs conformity determinations on project proposals in the North Baffin and Kivalliq planning regions.

The NPC continued to implement the NLCA Article 11 in accordance with the guidelines established under the Contract Relating to the Implementation of the Nunavut Final Agreement (the Contract). The contract suggests that “Land use planning in the Nunavut Settlement Area will be done by the NPC on a regional basis in accordance with a scheduling plan developed by it.” Over the next several years the NPC carried out work in the West Kitikmeot, South Baffin and Akunniq planning regions of Nunavut. This work resulted in a draft plan for the West Kitikmeot which went through a series of public hearings in June 1998, May 2002 and January 2005. At the 2005 hearing, the Government of Nunavut (GN), Government of Canada and Nunavut Tunngavik Incorporated indicated that the NPC should conduct planning on a Nunavut wide basis.