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.
Marginal note:Inconsistency with Agreement
6. (1) In the event of an inconsistency or a conflict between the Agreement and any federal or provincial law, including this Act, 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 federal or provincial law, this Act prevails to the extent of the inconsistency or conflict.
APPROPRIATION
Marginal note:Payments out of C.R.F.
7. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under chapters 18, 19 and 23 of the Agreement.
TAXATION
Marginal note:Tax Treatment Agreement given effect
8. The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
Marginal note:Not a treaty
9. The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
GENERAL
Marginal note:Judicial notice of Agreements
10. (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.
Marginal note:Publication of Agreements
(2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.
Marginal note:Evidence
(3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Marginal note:Judicial notice of Inuit laws and Inuit bylaws
11. (1) Judicial notice shall be taken of Inuit laws and Inuit bylaws.
Marginal note:Evidence of Inuit laws and bylaws
(2) A copy of an Inuit law or an Inuit bylaw purporting to be deposited in a public registry of laws referred to in section 17.5.1 or 17.5.2 of the Agreement is evidence of that law or bylaw and of its contents, unless the contrary is shown.
Marginal note:Statutory Instruments Act
12. For greater certainty, Inuit laws and Inuit bylaws are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:Orders and regulations
13. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.
Marginal note:Chapter 22 of Agreement
14. Despite subsection 5(1), chapter 22 of the Agreement is deemed to have effect from August 29, 2003.
Marginal note:Notice of issues arising
15. (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Agreement, or
(b) the validity or applicability of this Act, the enactment by the Legislature of the Province of Newfoundland and Labrador entitled the Labrador Inuit Land Claims Agreement Act or any Inuit law or Inuit bylaw,
the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government.
Marginal note:Content of notice
(2) The notice shall
(a) describe the judicial or administrative proceeding in which the issue arises;
(b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both;
(c) state the day on which the issue is to be argued;
(d) give particulars necessary to show the point to be argued; and
(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.
Marginal note:Participation in proceedings
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government may appear and participate in the proceeding as parties with the same rights as any other party.
Marginal note:Saving
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1Access to Information Act
16. Subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
2000, c. 32Canada National Parks Act
17. Schedule 2 to the Canada National Parks Act is amended by adding the following after the description of Gwaii Haanas National Park Reserve of Canada:
Torngat Mountains National Park Reserve of Canada
All that parcel of land in the Province of Newfoundland and Labrador shown on a descriptive map plan prepared by the Department of Natural Resources, dated November 15, 2004 and recorded in the Crown Lands Registry Office in St. John’s, Newfoundland and Labrador, under number SP 367; a copy of the plan is attached as appendix D-1 to the Agreement, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act; said parcel contains an area of approximately 9 700 square kilometres.
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
Marginal note:1992, c. 35, s. 44
18. Paragraph 4(b) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:
(b) any other Act of Parliament that applies to the offshore area or any regulations made under that Act, except the Labrador Inuit Land Claims Agreement Act,
R.S., c. 44 (4th Supp.)Lobbyists Registration Act
19. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.3):
(d.4) members or employees of the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or persons on the staff of those members;
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