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

Act current to 2024-05-28 and last amended on 2008-07-10. Previous Versions

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

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

 This Act may be cited as the Nunavik Inuit Land Claims Agreement Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Agreement

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. (accord)

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. (Makivik)

Marginal note:Status of Agreement

 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

 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

  •  (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

  •  (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

  •  (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.

Appropriation

Marginal note:Payments out of C.R.F.

 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 Articles 5, 15, 16 and 23 of the Agreement.

General

Marginal note:Judicial notice of Agreement

  •  (1) Judicial notice shall be taken of the Agreement.

  • Marginal note:Publication of Agreement

    (2) The Agreement shall be published by the Queen’s Printer.

  • Marginal note:Evidence

    (3) A copy of the Agreement published by the Queen’s Printer is evidence of the 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:Notice of issues arising

  •  (1) If, in any judicial or administrative proceeding, an issue arises in respect of the interpretation or validity of the Agreement or the validity or applicability of this Act, the issue shall not be decided unless the party raising the issue has served notice on the Attorney General of Canada and Makivik.

  • 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 interpretation or validity of the Agreement or the validity or applicability of this Act, 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 and Makivik 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.

Marginal note:Statutory Instruments Act

 An instrument made under the Agreement is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Orders and regulations

 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.

Marginal note:Review by Makivik

  •  (1) Within ten years after this Act receives royal assent, a review of the implementation of this Act and the Agreement may be undertaken by Makivik.

  • Marginal note:Report

    (2) Makivik may submit a report on any review undertaken under subsection (1) to the Minister referred to in sebsection 12.2(1).

  • Marginal note:Tabling of report

    (3) The Minister shall cause any report submitted under subsection (2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

Marginal note:Review by Minister

  •  (1) Within ten years after the Act receives royal assent, a comprehensive review of the implementation of this Act and the Agreement shall be undertaken by the Minister designated by the Governor in Council for the purposes of this Act.

  • Marginal note:Tabling of report

    (2) The Minister shall cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Consequential Amendments to the Canada National Parks Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * This Act comes into force on a day to be fixed by order of the Governor in Council.


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