1. Purpose

1.1. The purposes of the Nunavik Inuit Business Policy (“Policy”) are:

(a) to establish and maintain, through the Nunavik Inuit Business Registry, a unified and standardized list of Nunavik Inuit Businesses (NIBs) for the purpose of contract procurement in Nunavik, including with respect to contracts for goods, services, and construction;

(b) to promote economic development that benefits Inuit beneficiaries including by developing a permanent business base in Nunavik and a self-sufficient Nunavik economy;

(c) to help give effect to the provisions of any agreements, including land claim agreements, that provide certain preferences to Inuit businesses; 

(d) to ensure that Businesses registered in the NIB Registry have genuine participation from Nunavik Inuit; and

(e) to provide guidance on the application process to be registered as a NIB and the ongoing administration and monitoring of the NIB Registry to be overseen by Makivvik Corporation.

1.2. This Policy applies to all applicants for registration in the NIB Registry, to all Businesses registered in the NIB Registry, and to their shareholder(s), member(s), owner(s), and partner(s), whether they be Nunavik Inuit or not.

1.3. The public directory of Businesses registered in the NIB Registry may be consulted by any entity, including Nunavik Inuit organizations, Nunavik organizations, the federal, territorial and provincial governments and governmental bodies,

1.4. corporations in application of impact and benefit agreements, as well as Businesses interested in partnering with the NIBs.

2. Eligibility Criteria for Registration

2.1. To be eligible for registration in the NIB Registry under this Policy, and as described in the Annex, a Business must be: 

(a) a sole proprietorship owned by a Nunavik Inuk;

(b) a partnership, including a joint venture, at least fifty percent (50%) owned by Nunavik Inuit or by one or more Businesses that are themselves registered as NIBs; in the case of a limited partnership, the general partner(s) must also be registered as a NIB;

(c) a cooperative with a majority of the voting members being Nunavik Inuit;

(d) a not-for-profit corporation with a Majority of the voting members being Nunavik Inuit or Businesses that are themselves registered as NIBs;

(e) a share-capital corporation with a Majority of the company’s voting shares beneficially owned by one or more Nunavik Inuit; or

(d) a share-capital corporation with a Majority of the company’s voting shares beneficially owned by one or more of the foregoing entities that are themselves registered as NIBs.

2.2. To determine whether a Business is eligible for registration in the NIB Registry, the NIB Coordinator may consider the purposes of this Policy. In order to determine whether a Business is “beneficially owned” by Nunavik Inuit, the NIB Coordinator shall consider which individuals are the true owners or effectively control the Business.  To this end, the NIB Coordinator shall examine the documents provided during the application process, including any agreement governing the association between Inuit and non-Inuit business partners. A Business shall be ineligible for registration in the NIB Registry if the participation in the Business by Nunavik Inuit is not genuine, for example but not limited to, if:

(a) the business structure serves as a flow-through for the transfer of funds or contracts to individuals who are not Nunavik Inuit or to Businesses that are not eligible for registration in the NIB Registry;

(b) the control or influence of the Nunavik Inuit Interest Holders is significantly limited, for example, where they are excluded from all financial or day-to-day management decisions; or 

(c) the Nunavik Inuit Interest Holders do not benefit from the economic returns of the business in a proportional and equitable manner.

2.3. All NIBs must comply with the legal requirements to carry on business in Quebec and Canada.

 

3. Application Process

3.1. To be considered for registration as a NIB, a NIB application form must be completed and submitted to the NIB Coordinator. 

3.2. The following information must be disclosed to the NIB Coordinator as part of the Application:  

(a) the information to be made available to the public under section 3.2;

(b) the information listed in the Annex to this Policy;

(c) the roles, rights and responsibilities of Nunavik Inuit Interest Holder(s); 

(d) the roles, rights and responsibilities of the other interest holder(s);

(e) whether and to what extent Nunavik Inuit Interest Holder(s) control the management and operation of the Business; 

(f) whether and to what extent Nunavik Inuit Interest Holder(s) benefit from the economic returns of the Business in a proportional and equitable manner;

(g) the communities in Nunavik in which the Business offers or intends to offer its goods or services; and

(h) the number and proportion of employees who are Nunavik Inuit, as well as any training programs that the Business makes available to Nunavik Inuit.

 

3.3. The NIB Coordinator may require that an applicant provide other additional information before making a decision regarding the applicant’s eligibility for registration. 

3.4. The NIB Coordinator will review the application and, in doing so, may consult with designated legal counsel, including members of the Makivvik legal department.

3.5. Applications and documents submitted by a Business in support of its application for registration in the NIB Registry shall remain confidential within the Office of the NIB Coordinator. The Office of the NIB Coordinator shall be composed of the NIB Coordinator, designated legal counsel and any support staff. 

3.6. The NIB Coordinator shall render a decision on the eligibility of an applicant to be registered in the NIB Registry within thirty (30) days once all required information and documentation is provided by the applicant to the NIB Coordinator. Exceptionally, during the first 6 months after the entry into force of this Policy, the NIB Coordinator shall have ninety (90) days to render a decision once all required information has been provided. The NIB Coordinator shall notify the applicant if additional time is required in order to render a decision on the applicant’s application. 

3.7. Any Business approved for registration will be added to the NIB Registry. The registration shall remain valid until the registration is revoked or the Business requests to be removed from the NIB Registry.

 

4. Requirements to Maintain Registration and Periodic Reviews

4.1. To remain registered in the NIB Registry, a Business must remain eligible under the criteria set out in this Policy.

4.2. A NIB must file a NIB annual renewal application each year pursuant to the timelines established by the NIB Coordinator to maintain its registration in the NIB Registry for the subsequent year. Unless otherwise specified, the deadline for filing an annual renewal in a given year shall be the anniversary date on which the NIB was granted registration.

4.3. A NIB shall notify the NIB Coordinator within thirty (30) days of any changes in ownership or control or to the information or documents contained in the application forms provided as part of the application review process.

4.4. The NIB Coordinator shall, within thirty (30) days of receiving a notification of any changes, review the NIB’s qualifications to determine whether it still qualifies to be registered as a NIB.

4.5. The NIB Coordinator may also conduct periodic file reviews of some or all NIBs to ensure compliance with this Policy and may demand selected NIBs to provide additional information and documentation to demonstrate their continued compliance.