AGREEMENT AND LEGISLATIVE APPROVAL
3. (1) Canada shall recommend to Parliament that this Agreement be approved, given effect and declared valid by suitable legislation.
3. (2) For greater certainty, it is the intention of the parties that this Agreement be a land claims agreement within the meaning of subsection 35(3) of the Constitution Act, 1982.
3. (3) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall provide that, where there is inconsistency or conflict between either the Settlement Legislation or this Agreement and the provisions of any other federal, territorial, provincial or municipal law, or any by-law or regulation, the Settlement Legislation or this Agreement shall prevail to the extent of the inconsistency or conflict.
3. (4) Subject to the Settlement Legislation and in consideration of the rights and benefits in favour of the Inuvialuit set forth in this Agreement, the Inuvialuit cede, release, surrender and convey all their aboriginal claims, rights, title and interests, whatever they may be, in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada .
3. (5) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall extinguish all aboriginal claims, rights, title and interests whatever they may be of all Inuvialuit in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada .
3. (6) Nothing in this Agreement or in the Settlement Legislation shall remove from the Inuvialuit their identity as an aboriginal people of Canada nor prejudice their ability to participate in or benefit from any future constitutional rights for aboriginal people that may be applicable to them.
3. (7) The Settlement of the Inuvialuit land rights claim is without prejudice to:
(a) the aboriginal rights of any other native peoples based on traditional use and occupancy of lands; and
(b) their negotiation of a land claims Settlement in respect thereof.
3. (8) Any rights and benefits extended in the Inuvialuit Settlement Region to other native peoples on the basis of traditional use and occupancy in accordance with the policy of Canada as stated in its Land Claims Settlement Policy of 1981 shall not prejudice the Inuvialuit with respect to any rights they receive under this Agreement and the Settlement Legislation .
3. (9) Nothing in this Agreement constitutes an admission by Canada or the Inuvialuit that any other native peoples have a demonstrated traditional use and occupancy within the Inuvialuit Settlement Region .
3. (10) The Inuvialuit may from time to time enter into agreements, such as that shown in Annex S . with organizations representing neighbouring native groups to resolve mutual or overlapping interests or to share rights, privileges and benefits. Such agreements may be amended from time to time with the consent of the signatories. For greater certainty, the agreement shown in Annex S is included for the purpose of information only and does not form part of this Agreement.
3. (11) The Settlement Legislation shall provide that Canada recognizes and gives, grants and provides to the Inuvialuit the rights, privileges and benefits specified in this Agreement in consideration of the cession, release, surrender and conveyance referred to in subsection (4).
3. (12) Subject to the provisions of this Agreement and the Settlement Legislation , the Government s of the Northwest Territories and Yukon Territory will continue to have the jurisdiction they have had with respect to game management and may continue to pass legislation with respect to game management that is not inconsistent with this Agreement and the Settlement Legislation .
3. (13) The provisions of this Agreement may be amended with the consent of Canada as represented by the Governor in Council and the Inuvialuit as represented by the Inuvialuit Regional Corporation.
As amended by Document number 332-4/43B, May 11, 1987
3. (14) As authority for the execution by the Inuvialuit of any amending agreement or instrument, Canada shall be entitled to rely on the certified extract of a resolution of the Board of Directors of the Inuvialuit Regional Corporation, supported by a members' resolution certified to meet the requirements of subsection (l5).
As amended by P.C. 1987-26, January 15, 1987 and P.C. 2004-337, March 30, 2004
3. (I5) A members' resolution authorizing agreement by the Inuvialuit Regional Corporation to an amendment of this Agreement must be supported by a majority of members representing communities constituting at least fifty per cent of the Inuvialuit population resident in the Inuvialuit communities.
As amended by P.C. 1987-26, January 15, 1987
3. (16) Where any amendment to this Agreement requires consequential legislation to achieve its effect, Canada agrees to take all reasonable steps to put in place suitable legislation forthwith.
As amended by Document number 332-4/43B, May 11, 1987
3. (17) Where any amendment of this Agreement has application to the Government s of the Northwest Territories and Yukon Territor,. Canada shall consult with those Government s before agreeing to any such amendment.