Labrador Inuit Land Claims Agreement Act (S.C. 2005, c. 27)
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Assented to 2005-06-23
Labrador Inuit Land Claims Agreement Act
S.C. 2005, c. 27
Assented to 2005-06-23
An Act to give effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement
SUMMARY
This enactment gives effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement. It also includes consequential amendments to certain Acts.
Preamble
WHEREAS the Constitution Act, 1982 rec- ognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
WHEREAS the Inuit of Labrador are an aboriginal people of Canada;
WHEREAS the Inuit of Labrador claim aboriginal rights in and to the Labrador Inuit Land Claims Area, as defined in the Agreement, based on their traditional and current use and occupancy of the lands, waters and sea ice of the Labrador Inuit Land Claims Area in accordance with their own customs and traditions;
WHEREAS the Inuit of Labrador, as represented by the Labrador Inuit Association, the Government of Newfoundland and Labrador and the Government of Canada have negotiated the Agreement;
WHEREAS the Inuit of Labrador, by a vote held on May 26, 2004, approved the Agreement;
WHEREAS on December 6, 2004, the Legislature of the Province of Newfoundland and Labrador enacted the Labrador Inuit Land Claims Agreement Act to ratify the Agreement;
WHEREAS the Agreement was signed on behalf of the Inuit of Labrador, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada on January 22, 2005;
AND WHEREAS the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Labrador Inuit Land Claims Agreement Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“Agreement”
« Accord »
“Agreement” means the land claims agreement signed on behalf of the Inuit of Labrador, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada on January 22, 2005, including any amendments made to it.
“Inuit bylaw”
« règlement inuit »
“Inuit bylaw” means a Bylaw as defined in section 1.1.1 of the Agreement.
“Inuit law”
« loi inuite »
“Inuit law” means an Inuit Law as defined in section 1.1.1 of the Agreement.
“Nunatsiavut Government”
« gouvernement nunatsiavut »
“Nunatsiavut Government” means the government established pursuant to subsection 17.3.3(a) of the Agreement.
“Tax Treatment Agreement”
« accord sur le traitement fiscal »
“Tax Treatment Agreement” means the tax treatment agreement signed on behalf of the Inuit of Labrador on March 15, 2005, Her Majesty the Queen in right of Newfoundland and Labrador on March 24, 2005 and Her Majesty the Queen in right of Canada on April 12, 2005, including any amendments made to it.
Marginal note:Status of Agreement
3. The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
HER MAJESTY
Marginal note:Act binding on Her Majesty
4. (1) This Act is binding on Her Majesty in right of Canada or of a province so as to give effect to the Agreement in accordance with its terms.
Marginal note:Inuit laws and bylaws
(2) Nothing in subsection (1) has the effect of rendering Her Majesty in right of Canada or of a province bound by Inuit laws or Inuit bylaws.
AGREEMENT
Marginal note:Agreement given effect
5. (1) The Agreement is approved, given effect and declared valid and has the force of law.
Marginal note:Rights and obligations
(2) For greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.
Marginal note:Third parties
(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.
Marginal note:Saving
(4) Despite subsection (3), sections 17.27.8 and 17.27.9 of the Agreement may be invoked only by Her Majesty in right of Canada or by the Nunatsiavut Government.
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