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Nunavik Inuit Land Claims Agreement Act (S.C. 2008, c. 2)

Assented to 2008-02-14

Nunavik Inuit Land Claims Agreement Act

S.C. 2008, c. 2

Assented to 2008-02-14

An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act

SUMMARY

This enactment gives effect to the Nunavik Inuit Land Claims Agreement. It also includes a consequential amendment to an Act.

Preamble

WHEREAS the Nunavik Inuit assert aboriginal rights, title, interests and jurisdiction in and to the Nunavik Inuit Settlement Area as defined in the Agreement;

WHEREAS the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;

WHEREAS the Nunavik Inuit, as represented by Makivik, and the Government of Canada have negotiated the Agreement;

WHEREAS the Nunavik Inuit, by a vote held from October 16 to 20, 2006, approved the Agreement;

WHEREAS the Agreement was signed on behalf of the Nunavik Inuit and Her Majesty the Queen in right of Canada on December 1, 2006;

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 Nunavik 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 between the Nunavik Inuit and Her Majesty the Queen in right of Canada signed on December 1, 2006, including any amendments made to it.

“Makivik”

« Makivik »

“Makivik” means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec.

Marginal note:Status of Agreement

3. The Agreement is a treaty within the meaning of section 35 of the Constitution Act, 1982.

HER MAJESTY

Marginal note:Act binding on Her Majesty

4. This Act is binding on Her Majesty in right of Canada or a province so as to give effect to the Agreement in accordance with its terms.

AGREEMENT

Marginal note:Agreement given effect

  • 5. (1) The Agreement is approved, given effect and declared valid.

  • 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) The Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.

Marginal note:Inconsistency with Agreement

  • 6. (1) In the event of an inconsistency or a conflict between the Agreement and this Act or any law referred to in section 2.11 of the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.

  • Marginal note:Inconsistency with Act

    (2) In the event of an inconsistency or a conflict between this Act and any other statute, this Act prevails to the extent of the inconsistency or conflict.

Marginal note:Legal capacity

  • 7. (1) For the purposes of carrying out their objectives, the Nunavik Marine Region Wildlife Board, the Nunavik Marine Region Planning Commission and the Nunavik Marine Region Impact Review Board established by the Agreement each have the capacity, rights, powers and privileges of a natural person.

  • Marginal note:Not agents of Her Majesty

    (2) The Nunavik Marine Region Wildlife Board, the Nunavik Marine Region Planning Commission and the Nunavik Marine Region Impact Review Board are not agents of Her Majesty in right of Canada.