The Northern Flood Agreement has numerous articles dealing with the following matters:

(1) an article requiring appropriate ratification by the members of the Cree First Nations (tribes) who are signatories and who were impacted;

(2) an article dealing with a land exchange whereby the First Nations (tribes) would receive an area of land equal to but not less than four acres for every acre of affected lands, free and clear of encumbrances and dealing with easements required by Hydro and facilitated by the First Nations (tribes) at each of their reserves (reservations);

(3) an article dealing with land use requirements and the means of selection by each of the Cree First Nations (tribes);

(4) an article dealing with navigation and the obligations of Canada, Manitoba and Hydro relative to the free and normal use of navigable waters and as well the issue of clearing of land of standing trees and of removal of debris;

(5) an article dealing with the quality of potable water and the respective rights and obligations of each of Canada and Manitoba Hydro;

(6) an article dealing with cemeteries and objects of cultural significance and obligations to protect them;

(7) an article dealing with maps and Hydro's obligations in respect of providing meaningful maps relative to the changes resulting from the Project;

(8) an article dealing with notice to parties relative to future development, operating changes in levels or flows and other matters;

(9) an article dealing with minimization of damage to wildlife;

(10) an article dealing with insurance matters;

(11) an article dealing with community infrastructure and the obligations of the parties and the measures to be undertaken relative to the Project;

(12) an article dealing with additional clearing in the vicinities of the impacted communities;

(13) an article dealing with policy matters and the power of the Arbitrator to order damages;

(14) an article dealing with wildlife resources policy and detailed provisions related to hunting, fishing, etc.;

(15) an article dealing with planning policy matters and the formulation of comprehensive community development plans;

(16) an article dealing with environmental impact policy and the undertaking of Hydro, Canada and Manitoba to implement recommendations by a Lake Winnipeg, Churchill and Nelson Rivers Study Board (which issued a report relative to the Projects comprising the Churchill River Diversion and Lake Winnipeg Regulation in the early 1970's, at a cost of over $2,000,000.00);

(17) an article dealing with trapline and fishing programs;

(18) an article dealing with the establishment of a community liaison committee;

(19) an article dealing with an employment task force;

(20) an article dealing with remedial works and measures;

(21) an article establishing the office of a continuing Arbitrator with broad authority and power to make awards capable of implementation and to fashion an appropriate and just remedy in respect of any adverse affects of the Project. The preamble to the Agreement states that uncertainty exists as to the effects of the Project, not only as it exists at the date of the Agreement, but also as it may develop in the future, and that it is not possible to foresee all the adverse results of the Project, nor to determine all those persons who may be affected by it, and that it is therefore desirable to establish through the offices of a single arbitrator a continuing arbitration instrument, to which any person adversely affected may submit a claim and as well, to fully empower the arbitrator to fashion a just and appropriate remedy.

Reading the Northern Flood Agreement will reveal that it is a document without (for the most part) precise definitions or specifically defined obligations. Click here to view the full text of the Northern Flood Agreement (opens a new browser window). Many of its terms have been interpreted differently by the different parties to the Northern Flood Agreement, resulting in difficulty in implementing its terms. Over 200 claims have been submitted to the Northern Flood Agreement Arbitrator over the years because of an inability to reach agreement on a variety of claims.

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