On January 18, 2024, after more than 20 years of negotiation, the Government of Canada, the Government of Nunavut and the Inuit of Nunavut (represented by Nunavut Tunngavik Incorporated (NTI)) signed the Nunavut Lands and Resources Devolution Agreement. The Agreement was effective when signed and will result in the transfer of administration and control of Crown Land in Nunavut on April 1, 2027. For Stephen Mansell, Chief Negotiator for the Government of Nunavut, this was the culmination of years of painstaking work. For the territory’s roughly 40,000 residents, 85% of whom are Inuit, it marks a historic shift in control over land, water, and resources.
What Is Devolution?
Devolution transfers the administration and control of public lands, water rights, and resources from the federal government to the Government of Nunavut. Unlike provinces, which derive powers from the Constitution, territories rely on federal transfer of authority through legislation. This process of devolution, referred to in Inuktitut as Namminiqsurniq (roughly meaning “towards achieving greater autonomy”, is tripartite in nature involving Canada, the Government of Nunavut, and NTI, the successor organization to the Inuit signatories of the 1993 Nunavut Land Claims Agreement (NLCA or the Nunavut Agreement). As Adam Chamberlain, outside legal counsel to the Devolution Secretariat, explains: “This isn’t just a transfer of powers. It’s a nation-building exercise.”
The Long Road to 2024
Devolution talks began before Nunavut was formally established in 1999. The Yukon completed a similar devolution deal with Canada in 2003. The Northwest Territories quickly negotiated and implemented theirs in 2014, driven by diamond mine revenues. Nunavut moved more deliberately. A devolution protocol was reached in 2008, followed by an agreement-in-principle which was signed in 2019, and included a federal funding commitment. The final agreement was signed in four languages: English, French, Inuktitut, and Inuinnaqtun in January of 2024.
What Changes on April 1, 2027, when the agreement comes into effect? Currently, the Nunavut Impact Review Board (NIRB) and other Institutions of Public Government in Nunavut make recommendations to a federal minister. After devolution, most such recommendations will go directly to a Nunavut minister. The Government of Nunavut will assume control over approximately 80% of the territory’s land. (The Inuit own much of the remaining lands, often with surface and subsurface rights, making them the world’s largest private landowners.) Most active mines, including gold and iron operations, are on Inuit-owned land. Decisions on whether to approve future projects located Crown or Init Owned Land will be made in Iqaluit, not Ottawa. A crucial element of the devolution agreement was that the Nunavut government would not inherit most liabilities of the Canadian government. This means that contaminated sites remain a federal responsibility. “That was a fundamental principle,” says Chamberlain. “Canada retains the responsibility to clean these sites before transfer.” This ensures that the devolution project isn’t immediately burdened with the responsibility of deciding what to do with contaminated sites allowing for dedicated focus on working towards a successful devolution.
Building Capacity from Scratch
Stephen Mansell notes that preparing for devolution is a “major project.” Working groups overseen by an Implementation Planning Committee are tackling contracts, leases, and human resources. A post-secondary training program launched in fall 2025 pairs students with on-the-job experience, ensuring Nunavut hires locally for new regulatory roles. “The Government of Canada opened its books to us,” Mansell adds. “We are designing mirror legislation and building everything from staff housing to water labs.” Essential, somewhat tedious, these are the deliberate steps being taken to make the process as seamless as possible.
Nunavut operates a consensus-based legislature. After elections, members elect the Premier and Cabinet from among themselves, creating what Chamberlain says many call “a permanent minority government.” This structure reflects Inuit sensibilities, and devolution will embed indigenous knowledge further into environmental and resource decisions. The upside to this different governmental structure is faster, more localised decisions. Direct royalties. And a vision where Nunavut, not Ottawa, decides its future, from potential offshore oil and gas to mining permits. As Chamberlain puts it: “They want to be the ones making those decisions.” For lawyers advising on resource development, environmental review, or Aboriginal law, Nunavut after 2027 will be a very different jurisdiction. The ink is dry. The clock is ticking, I’m excited to see what kind of future devolution will create for the People of Nunavut.
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